Employment Law And The European Convention On Human Rights

Author : Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
Publisher : A&C Black
Page : 769 pages
File Size : 42,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252115

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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Isabelle Schömann Pdf

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Author : Elena Sychenko,Adalberto Perulli
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 51,6 Mb
Release : 2023-08-22
Category : Law
ISBN : 9789403540665

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Employment Law and the European Convention on Human Rights by Elena Sychenko,Adalberto Perulli Pdf

In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR: privacy and surveillance; freedom of thought, conscience and religion; freedom of expression; discrimination; unfair dismissal; forced labour; collective bargaining; and the right to strike. The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence. As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.

Author : Philippa Collins
Publisher : Oxford University Press
Page : 257 pages
File Size : 41,5 Mb
Release : 2022-03-16
Category : Law
ISBN : 9780192647382

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Putting Human Rights to Work by Philippa Collins Pdf

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

Author : Filip Dorssemont,Klaus Lörcher,Stefan Clauwaert,Mélanie Schmitt
Publisher : Bloomsbury Publishing
Page : 707 pages
File Size : 41,8 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509922666

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The Charter of Fundamental Rights of the European Union and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Stefan Clauwaert,Mélanie Schmitt Pdf

The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

Author : Elena Sychenko
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 48,9 Mb
Release : 2017-03-01
Category : Law
ISBN : 9789041186461

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Individual Labour Rights as Human Rights by Elena Sychenko Pdf

In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (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. This 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. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. 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 Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in 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. 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 ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove 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.

Author : Filip Dorssemont
Publisher : Unknown
Page : 483 pages
File Size : 55,6 Mb
Release : 2013
Category : Human rights
ISBN : 1474200303

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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont Pdf

This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the CJEU, analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation.

Author : Declan O'Dempsey
Publisher : Unknown
Page : 374 pages
File Size : 44,8 Mb
Release : 2000-09
Category : Labor laws and legislation
ISBN : 085308596X

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Employment Law and the Human Rights Act 1998 by Declan O'Dempsey Pdf

This text examines the compatibility of UK employment law with the European Convention on Human Rights and, in particular, the potential impact on three main areas: individual employment law, where the process of bringing a case before the employment tribunal and the terms and conditions of employees working for public bodies may fall foul of Article 6 (The Right to a Fair Trial); collective employment law, where the law relating to trade unions and industrial action is examined, in the light of Article 11 (Freedom of Assembly); and discrimination law, with the requirements of Article 14 (Prohibition of Discrimination) and previous decisions of the European Court of Justice).

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 49,6 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Author : Claire-Michelle Smyth
Publisher : Business Expert Press
Page : 81 pages
File Size : 53,6 Mb
Release : 2017-10-04
Category : Business & Economics
ISBN : 9781631579172

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European Employment Law by Claire-Michelle Smyth Pdf

Within Europe, employment law has grown as a result of regional rather than national legislation. The European Union has been at the fore of developing a comprehensive framework to protect workers from unfair practices and discrimination. In addition to the European Union, the Council of Europe also plays a role in protecting workers. The European Social Charter and the European Convention on Human Rights contain provisions relevant to the employment relationship. This publication will give the U.S. business student an overview of the key laws governing the area of employment in Europe. Here we look at the obligations and regulations surrounding the contract of employment, the laws surrounding equality and nondiscrimination, and the protection for unions and collective bargaining. Comparisons are drawn with American law and regulation at regular intervals to illustrate different practices within Europe and the United States. This book will provide the student with knowledge of the essential elements of European Employment Law in a concise and easy-to-understand manner.

Author : Keith D. Ewing,C. A. Gearty,B. A. Hepple
Publisher : Burns & Oates
Page : 394 pages
File Size : 48,8 Mb
Release : 1994
Category : Law
ISBN : UOM:39015032428651

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Human Rights and Labour Law by Keith D. Ewing,C. A. Gearty,B. A. Hepple Pdf

Britain?, by K.D. Ewing

Author : Robin Allen,Rachel Crasnow,Anna Beale,Claire McCann,Rachel Barrett
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 46,8 Mb
Release : 2018
Category : Law
ISBN : 0198783973

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Employment Law and Human Rights by Robin Allen,Rachel Crasnow,Anna Beale,Claire McCann,Rachel Barrett Pdf

This comprehensive guide to the impact of the Human Rights Act on UK employment law addresses the basic concepts of convention law and provides a summary of the key convention rights.

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
Page : 318 pages
File Size : 45,9 Mb
Release : 2001-11-15
Category : Law
ISBN : 9789041116970

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Labour Law, Human Rights and Social Justice:Liber Amicorum in Honour of Prof. Dr. Ruth Ben Israel by Roger Blanpain Pdf

Dignity, Alvin L. Goldman

Author : John Bowers,Jeremy Lewis
Publisher : Unknown
Page : 198 pages
File Size : 53,7 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060783508

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Employment Law and Human Rights by John Bowers,Jeremy Lewis Pdf

The Journal of Business Law offers a forum for the debate of developments and problems in all areas of commercial law. Expert practitioners and academics consider and analyze legislation and case law

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 47,6 Mb
Release : 2023-06-30
Category : Political Science
ISBN : 9781009050937

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General Principles of the European Convention on Human Rights by Janneke Gerards Pdf

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

Author : Philippa M. Collins
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2022
Category : Employee rights
ISBN : 0191915521

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Putting Human Rights to Work by Philippa M. Collins Pdf