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Labour Law and Human Rights

Mantouvalou, V; (2016) Labour Law and Human Rights. New Zealand Journal of Employment Relations , 41 (2) pp. 3-20. Green open access

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Abstract

This article examines the relationship between human rights and labour law. It first explores the reasons for the resistance to examining labour rights as human rights. Second, it turns to European human rights developments in order to assess the case law of the European Court of Human Rights in this context. It presents an interpretive technique adopted by the Court, the integrated approach, which takes note of social and labour rights in the interpretation of civil and political rights. The article argues that the integrated approach to interpretation needs firm theoretical grounding, and the third part suggests that the prohibition of workers’ exploitation is an important underlying principle that should guide our understanding of labour rights as human rights. It develops a definition of workplace exploitation on the basis of theoretical literature, and suggests some of its implications for the adoption of the integrated approach to interpretation.

Type: Article
Title: Labour Law and Human Rights
Open access status: An open access version is available from UCL Discovery
Publisher version: http://www.nzjournal.org/past_issues.htm
Language: English
Keywords: Human rights, labour rights, integrated approach, European Convention on Human Rights, exploitation
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1526806
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