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.
Preface, Michael Windfuhr (Committee on Economic, Social and Cultural Rights, Germany)
1. Introduction, Klaus Lörcher (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 Lörcher (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 Lörcher (European Trade Union Confederation, Germany)
6. Interpretation, Klaus Lörcher (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 Unterschütz (University of Business and Administration, Poland) and Mélanie 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 Lörcher (European Trade Union Confederation, Germany)
14. Article 8 – Trade Union Rights, Antoine Jacobs (University of Tilburg, the Netherlands) and Filip Dorssemont (Université 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 Lörcher (European Trade Union Confederation, Germany), Niklas Bruun (Hanken School of Economics, Finland) and Ana Teresa Ribeiro (Catholic University of Portugal)
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