ОСТВАРИВАЊЕ РАВНОПРАВНОСТИ ПУТЕМ ПОСЕБНИХМЈЕРА У РАДНОМ ПРАВУ – ДОМАЋЕ И УПОРЕДНО ПРАВО
ACHIEVING EQUALITY THROUGH SPECIAL MEASURES IN LABOR LAW – DOMESTIC AND COMPARATIVE LAW

Summary/Abstract: This paper analyses the concept of positive action, as well as the forms, effectiveness and application of various (special) measures within domestic and comparative labour law designed to achieve equality in employment and at work. The author opts for the term “positive action” considering the lack of consensus in the literature regarding terminology (and consequently content), that encompasses measures aimed at correcting the consequences of discrimination against certain social groups, or measures aimed at achieving substantive equality. Through an analysis of national and international legal frameworks, legal instruments that address systemic inequalities and discrimination are explored, along with their impact on promoting diversity, inclusion and equal opportunities in the labour market. Furthermore, solutions de lege ferenda are discussed, as well as the challenges and potential conflicts arising from the application of these measures, including issues such as reverse discrimination and balancing competing rights and interests.

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