[PDF] Employment Law And The European Convention On Human Rights eBook

Author : Filip Dorssemont
Publisher : A&C Black
Page : 769 pages
File Size : 36,94 MB
Release : 2014-07-18
Category : Law
ISBN : 1782252118

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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
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 12,97 MB
Release : 2023-08-22
Category : Law
ISBN : 9403540664

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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 : Alan Bogg
Publisher : Bloomsbury Publishing
Page : 526 pages
File Size : 36,82 MB
Release : 2024-10-03
Category : Law
ISBN : 1509938753

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This textbook provides a detailed examination of the application of human rights law to employment and industrial relations. Should female employees be entitled to wear a headscarf in the workplace for religious reasons? Can it ever be right for an employer to dismiss someone for personal social media posts written in their leisure time? What restrictions, if any, should be placed on the right to strike? This innovative textbook provides an entry point for exploring these and other topical issues, enabling students to analyse the applicability of human rights to disputes between employers and workers in the UK. It offers a fresh perspective on the traditional topics of employment law as well as looking in greater depth at new issues such as social media. Uniquely, the book considers all the international Conventions that are relevant for the law in the UK, especially the European Convention on Human Rights, the European Social Charter, Conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union. A central question that each of the chapters addresses is whether UK labour law and employment law is compatible with human rights law. Each chapter discusses on average 10 cases drawn from various jurisdictions, including the Court of Justice of the European Union and the European Court of Human Rights. Written by a stellar team of authors, this textbook is an invaluable teaching aid for both postgraduate and undergraduate students.

Author : Philippa Collins
Publisher : Oxford University Press
Page : 257 pages
File Size : 48,62 MB
Release : 2022-03-16
Category : Law
ISBN : 0192647385

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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 : Janneke Gerards
Publisher : Cambridge University Press
Page : 405 pages
File Size : 50,74 MB
Release : 2023-06-30
Category : Law
ISBN : 1316517535

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Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.

Author : Declan O'Dempsey
Publisher :
Page : 374 pages
File Size : 17,41 MB
Release : 2000-09
Category : Labor laws and legislation
ISBN : 9780853085966

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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 : Filip Dorssemont
Publisher :
Page : 483 pages
File Size : 50,5 MB
Release : 2013
Category : Human rights
ISBN : 9781474200301

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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 : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 25,61 MB
Release : 2017-08-04
Category : Political Science
ISBN :

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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 : Panos Merkouris
Publisher : BRILL
Page : 391 pages
File Size : 33,37 MB
Release : 2015-06-24
Category : Law
ISBN : 9004230432

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In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.

Author : Claire-Michelle Smyth
Publisher : Business Expert Press
Page : 111 pages
File Size : 29,29 MB
Release : 2017-10-04
Category : Business & Economics
ISBN : 1631579177

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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.