Employment / Labour Law

The Right to Work Legal and Philosophical Perspectives

By Virginia Mantouvalou
Hart Publishing January 2015

Specifications

ISBN-13
9781849465106
Publisher
Hart Publishing
Publication
January 2015
Format
Hardback , 351 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

The value of work cannot be underestimated in today's world. It is valuable because productive labour generates goods needed for survival, like 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 and the esteem of others. But the question remains, do we have a human right to work? If so, what is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? Do migrants have a right to work?

This book addresses the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. It discusses the philosophical underpinnings of the right to work, and its development in human rights law in national jurisdictions including the United Kingdom, Australia, Japan, France and the United States, and at the international level of the United Nations, the European Social Charter, the International Labour Organization, the European Convention on Human Rights and other legal orders.

Table of Contents

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

About the Author

Virginia Mantouvalou is a Reader in Human Rights and Labour Law, and Co-Director of the Institute for Human Rights at University College London.

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