基本説明
A collection of essays examining whether workers' rights are actually fundamental human rights.
Full Description
Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries.
The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.
Contents
1. Introduction The Application of a Human Rights Discourse to Labour Relations: Translation of Theory into Practice TONIA NOVITZ AND COLIN FENWICK PART I: NATIONAL PERSPECTIVES 2. Workers' Human Rights in Australia COLIN FENWICK 3. Legal Protection of Workers' Rights as Human Rights: Brazil ANA VIRGINA MOREIRA GOMES 4. The Growing Impact of Human Rights on Canadian Labour Law CHRISTIAN BRUNELLE 5. China's Legal Protection of Workers' Human Rights LIU CHENG AND SEAN COONEY 6. Workers' Human Rights in English Law ACL DAVIES 7. Enforcing Labour Rights through Human Rights Norms: The Approach of the Supreme Court of India RAMAPRIYA GOPALAKRISHNAN 8. Legal Protection of Workers' Human Rights in Nigeria: Regulatory Changes and Challenges CHIOMA AGOMO 9. Constitutionalisation of South African Labour Law: An Experiment in the Making STEFAN VAN ECK 10. Legal Protection of Workers' Human Rights: Regulatory Changes and Challenges The United States LANCE COMPA PART II: INTERNATIONAL AND REGIONAL PERSPECTIVES 11. UN Covenants and Labour Rights SARAH JOSEPH 12. Taking Social Rights Seriously: Is There a Case for Institutional Reform of the ILO? JILL MURRAY 13. The ILO, Freedom of Association and Belarus LISA TORTELL 14. Protection of Workers' under Regional Human Rights Systems: An Assessment of Evolving and Divergent Practices TONIA NOVITZ 15. Is There a Human Right Not to Be a Union Member? Labour Rights under the European Convention on Human Rights VIRGINIA MANTOUVALOU 16. Giving with One Hand and Taking with the Other: Protection of Workers' Human Rights in the European Union TONIA NOVITZ AND PHIL SYRPIS PART III: REGULATORY POSSIBILITIES 17. Core Labour Standards in the GSP Regime of the European Union: Overshadowed by other Considerations JAN ORBIE AND FERDI DE VILLE 18. Decent Working Hours as a Human Right: Intersections in the Regulation of Working Time DEIRDRE MCCANN 19. Justice without the Rule of Law? The Challenge of Rights Based Industrial Relations in Contemporary Cambodia DANIEL ADLER AND MICHAEL WOOLCOCK 20. Australian Textile Clothing and Footwear Supply Chain Regulation SHELLEY MARSHALL 21. Conclusion: Regulating to Protect Workers' Human Rights COLIN FENWICK AND TONIA NOVITZ
