The Right to Work: Legal and Philosophical Perspectives

ISBN-13: 9781849465106 / Angielski / Twarda / 2015 / 368 str.

Virginia Mantouvalou

Opis

The value of work cannot be underestimated in today's world. Work is valuable because productive labor generates the goods needed for survival, such as food and housing; goods needed for self-development, like education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem, as well as the esteem of the others. Additionally, people develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a necessary fundamental good. However, do we have a human right to this good? What is the content of this right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect individuals from unfair dismissal? Does it impose an obligation to promote healthy and safe conditions at work? Who are the right holders? Do migrants have a right to work, for example? How about undocumented migrants, asylum-seekers, or refugees? This book addresses the uncertainty and controversy that surrounds the right to work, both in theoretical scholarship and in policy-making. It discusses the philosophical underpinnings of the right to work, along with its development in human rights law at national levels (in jurisdictions such as the US, the UK, Australia, and France) and the international level (in the context of the European Social Charter, the International Labor Organization, the European Convention on Human Rights, and other legal orders). Subject: Labor Law, Discrimination Law, Human Rights Law]

Spis treści

1. Work, its Moral Meaning or Import David Wiggins 2. Is there a Human Right to Work? Hugh Collins 3. The Right to Non-Exploitative Work Virginia Mantouvalou 4. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach Einat Albin 5. Aristotle, Arendt and the Gentleman: How the Conception of Remuneration Figures in our Understanding of a Right to Work and Be Paid JE Penner 6. The Right to Work in International Human Rights Law Colm O’Cinneide 7. The Right to (Decent) Work in a European Comparative Perspective Mark Freedland and Nicola Kountouris 8. Giving Up on the Human Right to Work James W Nickel 9. Only Fools and Horses: Some Sceptical Reflections on the Right to Work Alan L Bogg 10. The Right to Work and the Duty to Work Amir Paz-Fuchs 11. The French Approach to the Right to Work: The Potential of a Constitutional Right in Ordinary Courts Sophie Robin-Olivier 12. The Development of Right to Work Theories of Labour Law in Japan: A Comparative Perspective Kenji Arita 13. Progress Towards the Right to Work in the United Kingdom H ugh Collins 14. Why Do So Few Employees Return to their Jobs? In Pursuit of a Right to Work Following Unfair Dismissal Joanna Howe 15. A Right to Work in the United States: Historical Antecedents and Contemporary Possibilities Katherine VW Stone 16. Working Out the Right to Work in a Global Labour Market Guy Mundlak 17. The Right to Work and Labour Market Flexibility: Labour Market Governance Norms in the International Order Kerry Rittich