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Research Handbook on Labour, Business and Human Rights Law
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
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Critical Acclaim
Contributors
Contents
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Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments.
Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe.
Probing workers’ rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.
Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe.
Probing workers’ rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.
Critical Acclaim
‘This timely collection offers a comprehensive study of the interaction between human rights and labour protection, a topic given additional impetus from the impact of economic globalisation on labour creating the need to find new ways for protecting the rights and conditions of increasingly precarious workers worldwide. Including an extensive range of country-based studies, covering all the major legal families, international developments and thought-provoking analytical chapters, this book provides a critically balanced and highly informative contribution to the topic.’
– Peter Muchlinski, SOAS, University of London, UK
‘Labour law and human rights law often follow separate paths and academics rarely engage with one another notwithstanding that the two fields are highly interrelated. This excellent edited work bridges this gap and makes an important contribution to current debates on the intersection between labour law and human rights law. This is especially important in a world witnessing crucial transformations in the world of work. It is a must read for all scholars involved in research on labour rights.’
– Axel Marx, University of Leuven, Belgium
– Peter Muchlinski, SOAS, University of London, UK
‘Labour law and human rights law often follow separate paths and academics rarely engage with one another notwithstanding that the two fields are highly interrelated. This excellent edited work bridges this gap and makes an important contribution to current debates on the intersection between labour law and human rights law. This is especially important in a world witnessing crucial transformations in the world of work. It is a must read for all scholars involved in research on labour rights.’
– Axel Marx, University of Leuven, Belgium
Contributors
Contributors: J. Aeberhard-Hodges, E. Ales, A. Aloisi, J. Barret, J.R. Bellace, N. Bueno, M.F. Canessa Montejo, V. de Stefano, F. Dorssemont, D. du Toit, M.W. Finkin, E. Gerasimova, A.V.M. Gomes, P. Grzebyk, C. Hiessl, J. Howe, A. Kun, I. Landau, N. Lyutov, G. Mundlak, J. Nahm, T. Novitz, A. Reilly, M. Rönnmar, M. Sirkhotte, L. Swepston, B. ter Haar, C. Thomas, M. Weiss, T. Yonezu
Contents
Contents:
PART I Conceptualizing Labour and Human Rights Law
1. Perspectives on Labour and Human Rights
Janice Bellace and Beryl ter Haar
PART II Sources in National Law
Section A: Civil Law and Constitutional Sources
2. Fundamental Rights and German Labor Law
Manfred Weiss
3. (The Right to) Work as foundational value: Italy and the Very Notion of a Constitutional Promise
Edoardo Ales
4. Fundamental labour rights in Brazil: challenges and developments
Ana Virginia Moreira Gomes
5. Business, Labor Law and Human Rights in Japan
Takashi Yonezu
6. Fundamental Rights and Swedish Labour Law
Mia Rönnmar
Section B: Common Law
7. Worker Rights as Human Rights: Regenerative Reconception or Rhetorical Refuge?
Matthew Finkin
8. Business and labour, and human rights in New Zealand
Amanda Reilly and Jonathan Barrett
9. The architecture of human rights at work in Israeli law
Guy Mundlak
10. Human Rights in the evolution of South African labour law
Darcy du Toit and Mariam Sirkhotte
Section C: Transition Economies
11. Labor Disputes in China from a Fundamental Labor Rights Perspective
Piotr Grzebyk
12. Trying to balance economic and labour rights: the case of Russia
Nikita Lyutov and Elena Gerasimova
PART III Fundamental Rights
Section A: Concepts
13. Freedom of Association: its emergence and the case for prevention of its decline
Tonia Novitz
14. Freedom from child labour: a fundamental right
Constance Thomas
15. Workplace gender equality as a human right: the ILO approach
Jane Aeberhard-Hodges
Section B: Supranational Influences
16. How the ILO embraced human rights
Lee Swepston
17. The European convention on human rights, as a fountain of labour rights
Filip Dorssemont
18. Labour Human Rights and the Jurisprudence of the Inter-American Court of Human Rights
Miguel F. Canessa Montejo
Section C: Scope and Coverage
19. Fundamental Labour Rights, Platform Work and Human Rights Protection of Non-Standard Workers
Valerio de Stefano and Antonio Aloisi
20. Decent Work Challenges for Atypical Workers in Korea
Christina Hiessl and Jaewook Nahm
PART IV Business and Human Rights
21. From Workers’ Rights to Human Rights at Work
Janice Bellace
22. Multinational Enterprises and Labor Rights: Concepts and Implementation
Nicolas Bueno
23. The EU’s CSR policy in a global and national context
Beryl ter Haar and Attila Kun
24. State Extraterritorial Regulation and Decent Work in the Asia Pacific
John Howe and Ingrid Landau
Index
PART I Conceptualizing Labour and Human Rights Law
1. Perspectives on Labour and Human Rights
Janice Bellace and Beryl ter Haar
PART II Sources in National Law
Section A: Civil Law and Constitutional Sources
2. Fundamental Rights and German Labor Law
Manfred Weiss
3. (The Right to) Work as foundational value: Italy and the Very Notion of a Constitutional Promise
Edoardo Ales
4. Fundamental labour rights in Brazil: challenges and developments
Ana Virginia Moreira Gomes
5. Business, Labor Law and Human Rights in Japan
Takashi Yonezu
6. Fundamental Rights and Swedish Labour Law
Mia Rönnmar
Section B: Common Law
7. Worker Rights as Human Rights: Regenerative Reconception or Rhetorical Refuge?
Matthew Finkin
8. Business and labour, and human rights in New Zealand
Amanda Reilly and Jonathan Barrett
9. The architecture of human rights at work in Israeli law
Guy Mundlak
10. Human Rights in the evolution of South African labour law
Darcy du Toit and Mariam Sirkhotte
Section C: Transition Economies
11. Labor Disputes in China from a Fundamental Labor Rights Perspective
Piotr Grzebyk
12. Trying to balance economic and labour rights: the case of Russia
Nikita Lyutov and Elena Gerasimova
PART III Fundamental Rights
Section A: Concepts
13. Freedom of Association: its emergence and the case for prevention of its decline
Tonia Novitz
14. Freedom from child labour: a fundamental right
Constance Thomas
15. Workplace gender equality as a human right: the ILO approach
Jane Aeberhard-Hodges
Section B: Supranational Influences
16. How the ILO embraced human rights
Lee Swepston
17. The European convention on human rights, as a fountain of labour rights
Filip Dorssemont
18. Labour Human Rights and the Jurisprudence of the Inter-American Court of Human Rights
Miguel F. Canessa Montejo
Section C: Scope and Coverage
19. Fundamental Labour Rights, Platform Work and Human Rights Protection of Non-Standard Workers
Valerio de Stefano and Antonio Aloisi
20. Decent Work Challenges for Atypical Workers in Korea
Christina Hiessl and Jaewook Nahm
PART IV Business and Human Rights
21. From Workers’ Rights to Human Rights at Work
Janice Bellace
22. Multinational Enterprises and Labor Rights: Concepts and Implementation
Nicolas Bueno
23. The EU’s CSR policy in a global and national context
Beryl ter Haar and Attila Kun
24. State Extraterritorial Regulation and Decent Work in the Asia Pacific
John Howe and Ingrid Landau
Index
