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Is There a Human Right Not to Be a Trade Union Member?

Mantouvalou, V; (2010) Is There a Human Right Not to Be a Trade Union Member? In: Fenwick, CF and Novitz, T, (eds.) Human rights at work. (439 - 462). Hart Pub

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Abstract

This piece examines the protection of labour rights in the context of civil and political rights documents and explores the compatibility of closed shop arrangements with human rights law. It contributes to the relevant debates in two ways. First, it seeks to examine how the integrated approach to interpretation, a method increasingly preferred by the European Court of Human Rights when examining work-related complaints, affects the regulation of closed shops. Second, it attempts to resolve the apparent tension between individual rights and the collective interests of labour that is commonly articulated in both the case law and the academic literature. The paper suggests that, contrary to a widely held understanding, civil and labour rights share common values. Through the example of closed shops it is argued that the rights of workers and their unions can be enhanced rather than harmed by an effective and principled human rights regime.

Type:Book chapter
Title:Is There a Human Right Not to Be a Trade Union Member?
ISBN:184113998X
ISBN-13:9781841139982
Keywords:Law
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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