Positive obligations of the state and employers regarding the ensuring of war veterans’ right to work

Abstract

Problem setting. The establishment of a formal prohibition of discrimination against war veterans does not in itself ensure substantive equality, since it does not eliminate the objective barriers faced by veterans during their reintegration into civilian life in various spheres, including employment. Positive obligations of the state regarding war veterans in the field of labour create the prerequisites for ensuring veterans’ real ability to exercise their right to work. Analysis of recent research and publications. In legal scholarship, the concept of positive obligations of the state has been sufficiently developed and examined in various fields of human rights protection. These issues have been addressed by H. Khrystova, H. Hrytsenko, I. Stadnyk, A. Badyda, V. Lemak and others. Purpose of the research. The purpose of the article is to determine the content and limits of the positive obligations of the state and employers towards war veterans in ensuring their right to work, to examine the legal grounds for the application of quotas, incentives and compensations for employers, and to substantiate the balance between the principle of equality and special support measures for war veterans. Article’s main body. The article establishes that the positive obligations of the state and employers towards war veterans in ensuring the right to work are complex in nature and include normative, institutional, financial, preventive and individualized components. These obligations are manifested not only in the establishment of legislative guarantees, but also in creating conditions for the actual integration of war veterans into the labour market, including mechanisms of professional adaptation, retraining, financial incentives for employers, and the application of reasonable accommodation instruments. It is substantiated that the current model of state policy in the field of employment of war veterans is primarily based on economic incentives, particularly compensation mechanisms and employer support programmes, whereas a special mandatory quota for this category of persons is absent. At the same time, war veterans are covered by the general quota mechanism applicable to persons with additional employment guarantees, which demonstrates an integrated but insufficiently differentiated approach to their legal protection. It is proved that quotas, incentives and compensations for employers have the legal nature of special measures aimed at ensuring substantive equality and constitute a form of implementation of the state’s positive obligations rather than privileges. Their application is intended to eliminate structural barriers to veterans’ access to employment and to redistribute social risks between the state and employers. It is established that the balance between the principle of equality and special support measures for war veterans is achieved through compliance with the criteria of justification, proportionality and targeted nature of such measures. Positive actions in this context do not contradict the principle of equality but serve as a necessary condition for its implementation in the substantive dimension, ensuring real equality of opportunities in access to the right to work. Conclusions and prospects for development. In substantive terms, the positive obligations of the state and employers towards war veterans are manifested in the establishment of legislative rights and guarantees, the creation of conditions for the actual integration of veterans into the labour market, including mechanisms of professional adaptation, retraining, financial incentives for employers, and the functioning of the institution of veteran support specialists. The limits of applying positive obligations of the state and employers towards war veterans in ensuring the right to work are determined by the criteria of justification, proportionality, temporary and targeted nature of such measures. The current model of state policy in the field of employment of war veterans is mainly based on economic incentives, particularly compensation mechanisms and employer support programmes. Quotas, incentives and compensations for employers have the legal nature of special measures aimed at ensuring substantive equality and constitute a form of implementation of the state’s positive obligations rather than privileges. Their application is consistent with the constitutional foundations of the social state and corresponds to the modern understanding of the state’s positive obligations in the field of human rights.