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Book
Putting human rights to work : labour law, The ECHR, and the employment relation
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ISBN: 9780192894595 0192894595 0191915521 0192647385 Year: 2022 Publisher: Oxford: Oxford University Press,

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Abstract

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 Rights 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. The book culminates in the proposal and elaboration on 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.

Keywords

Employee rights - England --- Employee rights - Wales --- European Court of Human Rights --- human rights --- Bill of Rights --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- Employee rights --- European Court of Human Rights. --- Employees --- Labor rights --- Rights of employees --- Civil rights --- Labor laws and legislation --- Employee rules --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus --- European Commission of Human Rights --- England. --- Wales. --- Cambria --- Cymric --- Cymru --- Gwalia --- Angleterre --- Anglii͡ --- Anglija --- Engeland --- Inghilterra --- Inglaterra

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