Bulletin of Comparative Labour Relations Volume 96
Individual Labour Rights as Human Rights is the first book in English to provide a thorough analysis of the Court's most recent case law, cases considered in the period from 1963 to 2016, on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the European Court of Human Rights (ECtHR).
What's in this book:
Drawing on close scrutiny of 347 cases since 1963, this book traces the evolutionary development of the Court's position on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Among the issues and topics raised are the following:
- interrelation of ECtHR case law and national labour rights protection;
- benefits for employees of reference to ECtHR case law in national proceedings;
- role of International Labour Organisation conventions and of the European Social Charter in the Court's reasoning;
- application of balancing and proportionality test relevant to labour law cases;
- public criticism of employer, disclosure of information, and standards of whistle-blowers' protection; and
- positive obligations of the State in the field of occupational safety and health.
There has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the ECtHR concerning substantive individual labour rights, or 'rights at work', is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe.
How this will help you:
Given that the Court's position has already changed certain aspects of some national labour laws, this peerless volume proves indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.
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Notes on Author
Part I The Integration of Labour Rights in the European Convention on Human Rights
Chapter 1 History of the Convention: A Long Way to European Quasi-Constitutional Court
Chapter 2 Integration of Labour Rights into the ECHR
Part II The Prohibition of Forced or Compulsory Labour and Discrimination in Employment
Chapter 3 The Prohibition of Slavery, Servitude, Forced or Compulsory Labour
Chapter 4 Prohibition of Discrimination
Part III Rights of Employees Under the ECHR and Unfair Dismissal
Chapter 5 Employee’s Right to Respect for Private Life
Chapter 6 Employees’ Freedom of Thought, Conscience and Religion and Unfair Dismissals
Chapter 7 The Employee’s Freedom of Expression and Association
Part IV Potential of the European Convention on Human Rights: Wage Protection and Occupational Health and Safety
Chapter 8 The Protection of Wages: Current Cases and Perspectives
Chapter 9 Occupational Safety in the Jurisprudence of the ECtHR: Current Cases and Perspectives
Table of Cases