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The value of work cannot be underestimated in today's world. Work
is valuable because productive labour generates goods needed for
survival, such as food and housing; goods needed for
self-development, such as education and culture; and other material
goods that people wish to have in order to live a fulfilling life.
A job also generally inspires a sense of achievement, self-esteem
and the esteem of others. People develop social relations at work,
which can be very important for them. Work brings both material and
non-material benefits. There is no doubt that work is a crucial
good. Do we have a human right to this good? What is the content of
the right? Does it impose a duty on governments to promote full
employment? Does it entail an obligation to protect decent work?
There is also a question about the right-holders. Do migrants have
a right to work, for example? At the same time many people would
rather not work. What kind of right is this, if many people do not
want to have it? The chapters of this book address the uncertainty
and controversy that surround the right to work both in theoretical
scholarship and in policymaking. They discuss the philosophical
underpinnings of the right to work, and its development in human
rights law at national level (in jurisdictions such as the United
Kingdom, Australia, Japan, France and the United States) and
international level (in the context of the United Nations, the
European Social Charter, the International Labour Organization,
theEuropean Convention on Human Rights and other legal orders).
When discussing exploitation in workplaces, governments typically
deploy a rhetoric of personal responsibility: they place attention
on employers who take advantage of workers, or on workers who
choose non-standard, precarious work arrangements. On this account,
the responsibility of the state is to address the harm inflicted by
private actors. This book questions that approach and develops the
concept of 'state-mediated structural injustice at work': a
phenomenon which manifests when legislation that has an appearance
of legitimacy, in fact has very damaging effects for large numbers
of people and results in structures of exploitation at work. Using
a series of examples such as migrant workers, captive workers,
people under welfare conditionality schemes, and other precarious
workers, Mantouvalou shows how the law creates these structures of
injustice, entrenching long-term, standard, and routine
exploitation. She also assesses these examples against human rights
principles, including civil, political, economic, and social
rights. The ultimate aim of the work is to show that these
structures routinely lead to workers' exploitation which may in
turn give rise to state responsibility for human rights violations
and to argue that there is a pressing need for reform.
This collection of essays presents an interdisciplinary
investigation by lawyers and philosophers into the philosophical
ideas, concepts, and principles that provide the foundation for the
field of labour law and employment law. The book addresses the
doubts that have been expressed about whether a body of labour law
that protects workers is needed at all, what should be regarded as
the proper scope of the field in the light of developments such as
the integration of work and home life by means of technology, the
globalization of the economy, and the precarious kinds of work that
thrive in the gig economy. Paying particular attention to political
philosophy and theories of justice, the contributions focus on four
themes: I. freedom, dignity, and human rights; II. distributive
justice and exploitation; III. workplace democracy and
self-determination; and IV. social inclusion.
The value of work cannot be underestimated in today's world. Work
is valuable because productive labour generates goods needed for
survival, such as food and housing; goods needed for
self-development, such as education and culture; and other material
goods that people wish to have in order to live a fulfilling life.
A job also generally inspires a sense of achievement, self-esteem
and the esteem of others. People develop social relations at work,
which can be very important for them. Work brings both material and
non-material benefits. There is no doubt that work is a crucial
good. Do we have a human right to this good? What is the content of
the right? Does it impose a duty on governments to promote full
employment? Does it entail an obligation to protect decent work?
There is also a question about the right-holders. Do migrants have
a right to work, for example? At the same time many people would
rather not work. What kind of right is this, if many people do not
want to have it? The chapters of this book address the uncertainty
and controversy that surround the right to work both in theoretical
scholarship and in policymaking. They discuss the philosophical
underpinnings of the right to work, and its development in human
rights law at national level (in jurisdictions such as the United
Kingdom, Australia, Japan, France and the United States) and
international level (in the context of the United Nations, the
European Social Charter, the International Labour Organization,
theEuropean Convention on Human Rights and other legal orders).
Debating Law is a new series that gives scholarly experts the
opportunity to offer contrasting perspectives on significant topics
of contemporary, general interest. In this second volume of the
series, Conor Gearty argues that for rights to work effectively in
the wider promotion of social justice, they need to be kept as far
away as possible from the courts. He acknowledges the value of
rights language in legal and political debate and accepts that
human rights are not solely civil and political, with social rights
language clearly having a progressive, emancipatory dimension.
However he says that lawyers - even well-intentioned lawyers -
damage the achievability of the kind of radical transformation in
the priorities of states that a genuine commitment to social rights
surely necessitates. Virginia Mantouvalou argues that social
rights, defined as entitlements to the satisfaction of basic needs,
are as essential for the well-being of the individual and the
community as long-established civil and political rights. The real
challenge, she suggests, is how best to give effect to social
rights. Drawing on examples from around the world, she argues for
their 'legalisation', and examines the role of courts and the role
of legislatures in this process, both at a national and a
international level.
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