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The Right to Work in the ECHR

O'Connell, Rory (2012) The Right to Work in the ECHR. European Human Rights Law Review, 2012 . pp. 176-190. [Journal article]

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Abstract

The European Convention on Human Rights does not explicitly protect the right to work; nevertheless the ECHR case law protects aspects of this right. The paper summarises the content of the right to work and then demonstrates how the case law protects aspects of it. Article 8 can be used to protect the right to seek employment, while Articles 6 and 8 can be used to combat unfair dismissal. Other ECHR Articles prohibit discrimination. The paper concludes with some suggestions as to how to develop this trend in the case law. First, Article 8 should be recognised as protecting the negative aspects of the right to work. Second, the relationship between Article 8 and Article 14 needs clarification. Third, there is scope to develop positive obligations in relation to the right to work.

Item Type:Journal article
Keywords:socio-economic rights; economic and social rights; European Court of Human Rights; European human rights law
Faculties and Schools:Faculty of Social Sciences > School of Law
Faculty of Social Sciences
Research Institutes and Groups:Transitional Justice Institute
ID Code:26539
Deposited By: Professor Rory O'Connell
Deposited On:12 Aug 2013 14:03
Last Modified:12 Aug 2013 14:03

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