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Promoting equality through social inclusion*: Case studies from the European social charter

Mark Bell

in The Role of Labour Standards in Development: From theory to sustainable practice?

Published in print:
2011
Published Online:
January 2013
ISBN:
9780197264911
eISBN:
9780191754098
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264911.003.0006
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to ... More


Adoption of Human Rights Instruments in the Council of Europe

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198298540
eISBN:
9780191685484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298540.003.0006
Subject:
Law, Company and Commercial Law

This chapter outlines the historical background to the adoption of multilateral instruments which contain provisions requiring protection of freedom of association and the right to strike. It begins ... More


Divergent Remedial Mechanisms in the Council of Europe

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198298540
eISBN:
9780191685484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298540.003.0009
Subject:
Law, Company and Commercial Law

This chapter discusses the mechanisms utilized for the implementation and review of the Council of Europe's position on civil, political, and socio-economic rights. The protection of human rights ... More


Social Rights in Europe

Gráinne de Búrca, Bruno de Witte, and Larissa Ogertschnig (eds)

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.001.0001
Subject:
Law, EU Law

Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe. The debate over the justiciability of social rights in the EU's ... More


Domestic Enforcement of the European Social Charter: The Way Forward

Gisella Gori

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0005
Subject:
Law, EU Law

The purpose of this chapter is to remove the preconceived idea that the European Social Charter (ESC) is a soft instrument, lacking normative and judicial impact. This chapter first reviews the ... More


The Material Impact of the Jurisprudence of the European Committee of Social Rights

Jean-François Akandji-Kombé

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0006
Subject:
Law, EU Law

The basic role of the European Committee of Social Rights (ECSR) is to assess the conformity of national legislation and practices with the requirements of the European Social Charter. This role, ... More


The normative framework of the EU’s commitment to human rights: The Treaties, the Charter, Member States’ constitutional traditions, and international law

Chiara Altafin, Karin Lukas, and Manfred Nowak

in The European Union and Human Rights: Law and Policy

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198814191
eISBN:
9780191904240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814191.003.0005
Subject:
Law, EU Law

The chapter presents and assesses the various normative layers—domestic, European, regional, international—on which the European Union’s (EU’s) commitment to human rights is built. It analyses the ... More


European Fundamental Social Rights in the Context of Economic Globalization

Marie-Ange Moreau

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0017
Subject:
Law, EU Law

This chapter considers a rather different aspect of the question of whether Europe's protection for social rights is inappropriately territorially limited, arguing that the European legal regimes for ... More


The Council of Europe, the European Convention on Human Rights and the Social Charter

Liz Griffith

in International Human Rights, Social Policy & Global: Critical Perspectives

Published in print:
2020
Published Online:
January 2021
ISBN:
9781447349211
eISBN:
9781447349259
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447349211.003.0004
Subject:
Law, Human Rights and Immigration

Chapter 3 provides a critical perspective on the establishment of the Council of Europe and its development of human rights mechanisms amongst Western European powers during the Cold War. It ... More


Migrant Rights under the European Social Charter

Colm O’Cinnéide

in Migrants at Work: Immigration and Vulnerability in Labour Law

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714101
eISBN:
9780191782657
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714101.003.0015
Subject:
Law, Human Rights and Immigration, Employment Law

This chapter focuses on the European Social Charter and the tension therein between universal human rights and communitarian social rights. The scope of the Charter is textually limited, in that most ... More


Economic and Social Interests and the European Convention on Human Rights

Colin Warbrick

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0010
Subject:
Law, Human Rights and Immigration

This chapter argues that, with the exception of the right to education, the European Convention on Human Rights (ECHR) does not protect economic and social rights. The chapter does not dispute that ... More


Permissible Objectives of a Strike

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198298540
eISBN:
9780191685484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298540.003.0012
Subject:
Law, Company and Commercial Law

This chapter examines the approaches of international and European supervisory bodies on the permissible objectives of a strike. The first is the stance taken by the European Court of Human Rights, ... More


The Right to Strike

K. D. Ewing

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198254393
eISBN:
9780191681486
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254393.001.0001
Subject:
Law, Employment Law, Human Rights and Immigration

The right to strike in Britain is one of the most important, albeit neglected, issues of modern labour law. It is also one of the most controversial, particularly since the dismissal of 5,500 workers ... More


Existence and Exercise of the Right to Strike

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198298540
eISBN:
9780191685484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298540.003.0011
Subject:
Law, Company and Commercial Law

This chapter examines the international and European jurisprudence concerning the existence of the right to strike and the basic constraints that may be placed on its exercise. It focuses on the ... More


Council of Europe

Oliver Lewis

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0004
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and ... More


Enhancing a Principled Justificatory Model of Adjudication for the Protection of Human Rights in the Socio-Economic Sphere: The Impact of the European Social Charter on the Case Law of the European Court of Human Rights

Francesco Seatzu

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0120
Subject:
Law, Public International Law

This article reviews some important developments of the case law of the European Court of Human Rights (ECtHR) relating to socio-economic rights. In its early case law on this subject, the ECtHR’s ... More


Article 151 TFEU

Sacha Garben

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.257
Subject:
Law, EU Law

Article 136 EC The Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 ... More


Article 23 CFR

Denis Martin

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.544
Subject:
Law, EU Law

According to the Explanations, paragraph 1 is based on what is now Article 3 TEU and Article 8 TFEU, which are intended to promote equality between men and women in the Union, and on Article 157(1) ... More


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