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Employment Law and the European Convention on Human Rights (ECHR): The research of the recent jurisprudence of the ECtHR related to employment law (2017-2021)

ISBN13: 9789403535562
Published: July 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Paperback
Price: £90.00

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Employment Law and the European Convention on Human Rights is an indispensable and first-of-its-kind book to extensively survey and analyse recent European Court of Human Rights (ECtHR’s) cases relevant to employment law. It delves deep into the informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. In recent years, the tendency of the ECtHR to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe.

What’s in this book:

The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR:

  • privacy and surveillance
  • freedom of thought, conscience and religion
  • freedom of expression
  • discrimination
  • unfair dismissal
  • forced labour
  • collective bargaining, and
  • the right to strike

The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, to develop new employment rights. They also describe in depth the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence. How this will help you: As a clear, concise and user-friendly guide to the applicability of ECHR for the protection of labour rights and human rights at work, this book is of pragmatic value to labour lawyers in articulating the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially with respect to the right to workplace privacy.

Human Rights and Civil Liberties, Employment Law
CHAPTER 1 The Integration of Labour Rights in the ECHR and the Value of ILO Standards
CHAPTER 2 The Prohibition of Slavery, Servitude, Forced or Compulsory Labour
CHAPTER 3 Prohibition of Discrimination
CHAPTER 4 Employee’s Right to Respect for Private Life
CHAPTER 5 Employee’s Freedom of Thought, Conscience, Religion and Expression
CHAPTER 6 The Evolution of the Court’s Approach to Collective Labour Rights
CHAPTER 7 The Right to Collective Bargaining
CHAPTER 8 The Right to Strike

Table of Cases
Table of Cases