The International Covenant on Economic, Social and Cultural Rights and the Employment Relation
Will be published approx. on 18. February 2027
Book
Paperback/Softback
568 pages
978-1-5099-8463-3 (ISBN)
Description
This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966.
Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement.
Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation.
The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights.
The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).
Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement.
Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation.
The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights.
The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).
Reviews / Votes
An ambitious and comprehensive work with contributions from a long list of distinguished experts with academic, UN Committee and International Labour Organisation (ILO) and trade union experience ... The book is commendable. * International Union Rights Journal * The strength of this publication lies in its internal coherence, both structural and thematic. It seeks to overcome the seemingly hierarchical division between so called negative/political rights, modelled as individual property rights and treated as absolute and inviolable, and positive or economic rights, considered as limiting, expensive, or merely aspirational. * Socialist Lawyer Magazine *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Product notice
Paperback (trade)
Unsewn / adhesive bound
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 25 mm
Weight
454 gr
ISBN-13
978-1-5099-8463-3 (9781509984633)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Klaus Loercher is the former Legal and Human Rights Advisor of the European Trade Union Confederation and former Legal Secretary of the Civil Service Tribunal of the European Union, Germany.
Niklas Bruun is Emeritus Professor in Private Law at the University of Helsinki, former Professor in Commercial Law at Hanken School of Economics, and President of the Board of the University of Helsinki, Finland.
Ana Teresa Ribeiro is Assistant Professor of Labour Law at Porto Faculty of Law, Universidade Catolica Portuguesa, Portugal.
Niklas Bruun is Emeritus Professor in Private Law at the University of Helsinki, former Professor in Commercial Law at Hanken School of Economics, and President of the Board of the University of Helsinki, Finland.
Ana Teresa Ribeiro is Assistant Professor of Labour Law at Porto Faculty of Law, Universidade Catolica Portuguesa, Portugal.
Content
Foreword, Michael Windfuhr (Committee on Economic, Social and Cultural Rights, Germany)
1. Introduction, Klaus Loercher (European Trade Union Confederation, Germany), Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)
Part I: General
2. The ICESCR - Context and Main Content, Klaus Loercher (European Trade Union Confederation, Germany)
3. The Concept of Social Rights and its Influence on the Drafting of and Challenges for the ICESCR, Simon Deakin (University of Cambridge, UK)
4. The ICESCR and its Influence in its Global Dimension, Niklas Bruun (Hanken School of Economics, Finland)
5. The ICESCR and its Influence in its Regional, Mainly European, Dimensions, Klaus Loercher (European Trade Union Confederation, Germany)
6. Interpretation, Klaus Loercher (European Trade Union Confederation, Germany)
7. The ICESCR and the Role of 'Human Dignity', Bruno Veneziani (University of Bari, Italy)
8. Procedure - Monitoring the Implementation of the Covenant in Theory and Practice, Niklas Bruun (Hanken School of Economics, Finland)
Part II: Specific Articles
9. Article 2 - Progressive Realisation and Non-discrimination, Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)
10. Article 3 - Equal Rights of Men and Women, Csilla Kollonay Lehoczky (Central European University, Hungary)
11. Article 4 - Limitations - The Covenant's 'Neglected Child', Ioannis Katsaroumpas (European Trade Union Institute, Belgium)
12. Article 6 - The Right to Work, Simon Deakin (University of Cambridge, UK), Joanna Unterschuetz (University of Business and Administration, Poland) and Melanie Schmitt (University of Strasbourg, France)
13. Article 7 - The Right to Just and Favourable Working Conditions, Simon Deakin (University of Cambridge, UK), Csilla Kollonay Lehoczky (Central European University, Hungary), Klaus Loercher (European Trade Union Confederation, Germany)
14. Article 8 - Trade Union Rights, Antoine Jacobs (University of Tilburg, the Netherlands) and Filip Dorssemont (Universite Libre de Bruxelles, Belgium)
15. Article 10 - Family, Mothers and Children, Antoine Jacobs (University of Tilburg, the Netherlands) and Csilla Kollonay Lehoczky (Central European University, Hungary)
16. Conclusions, Klaus Loercher (European Trade Union Confederation, Germany), Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)
1. Introduction, Klaus Loercher (European Trade Union Confederation, Germany), Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)
Part I: General
2. The ICESCR - Context and Main Content, Klaus Loercher (European Trade Union Confederation, Germany)
3. The Concept of Social Rights and its Influence on the Drafting of and Challenges for the ICESCR, Simon Deakin (University of Cambridge, UK)
4. The ICESCR and its Influence in its Global Dimension, Niklas Bruun (Hanken School of Economics, Finland)
5. The ICESCR and its Influence in its Regional, Mainly European, Dimensions, Klaus Loercher (European Trade Union Confederation, Germany)
6. Interpretation, Klaus Loercher (European Trade Union Confederation, Germany)
7. The ICESCR and the Role of 'Human Dignity', Bruno Veneziani (University of Bari, Italy)
8. Procedure - Monitoring the Implementation of the Covenant in Theory and Practice, Niklas Bruun (Hanken School of Economics, Finland)
Part II: Specific Articles
9. Article 2 - Progressive Realisation and Non-discrimination, Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)
10. Article 3 - Equal Rights of Men and Women, Csilla Kollonay Lehoczky (Central European University, Hungary)
11. Article 4 - Limitations - The Covenant's 'Neglected Child', Ioannis Katsaroumpas (European Trade Union Institute, Belgium)
12. Article 6 - The Right to Work, Simon Deakin (University of Cambridge, UK), Joanna Unterschuetz (University of Business and Administration, Poland) and Melanie Schmitt (University of Strasbourg, France)
13. Article 7 - The Right to Just and Favourable Working Conditions, Simon Deakin (University of Cambridge, UK), Csilla Kollonay Lehoczky (Central European University, Hungary), Klaus Loercher (European Trade Union Confederation, Germany)
14. Article 8 - Trade Union Rights, Antoine Jacobs (University of Tilburg, the Netherlands) and Filip Dorssemont (Universite Libre de Bruxelles, Belgium)
15. Article 10 - Family, Mothers and Children, Antoine Jacobs (University of Tilburg, the Netherlands) and Csilla Kollonay Lehoczky (Central European University, Hungary)
16. Conclusions, Klaus Loercher (European Trade Union Confederation, Germany), Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)