In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR: privacy and surveillance; freedom of thought, conscience and religion; freedom of expression; discrimination; unfair dismissal; forced labour; collective bargaining; and the right to strike. The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence. As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.
In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.
In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.
In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR: privacy and surveillance; freedom of thought, conscience and religion; freedom of expression; discrimination; unfair dismissal; forced labour; collective bargaining; and the right to strike. The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence. As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.
* Named a Best Book of the Year by The New Yorker and TIME * Winner of the Pushkin House Book Prize * A New York Times Book Review Editors' Choice * “A haunting book of rare courage.” —Clarissa Ward, CNN chief international correspondent and author of On All Fronts To be a journalist is to tell the truth. I Love Russia is Elena Kostyuchenko’s unrelenting attempt to document her country as experienced by those whom it systematically and brutally erases: village girls recruited into sex work, queer people in the outer provinces, patients and doctors at a Ukrainian maternity ward, and reporters like herself. Here is Russia as it is, not as we imagine it. The result is a singular portrait of a nation, and of a young woman who refuses to be silenced. In March 2022, as a correspondent for Russia’s last free press, Novaya Gazeta, Kostyuchenko crossed the border into Ukraine to cover the war. It was her mission to ensure that Russians witnessed the horrors Putin was committing in their name. She filed her pieces knowing that should she return home, she would likely be prosecuted and sentenced to up to fifteen years in prison. Yet, driven by the conviction that the greatest form of love and patriotism is criticism, she continues to write. I Love Russia stitches together reportage from the past fifteen years with personal essays, assembling a kaleidoscopic narrative that Kostyuchenko understands may be the last work from her homeland that she’ll publish for a long time—perhaps ever. It exposes the inner workings of an entire nation as it descends into fascism and, inevitably, war. She writes because the threat of Putin’s Russia extends beyond herself, beyond Crimea, and beyond Ukraine. We fail to understand it at our own peril.
Elena Bonner, the widow of Andrei Sakharov, evokes both the privileges and the unmet needs of growing up in the inner circle of the Communist elite even as she provides an indelible vision of the horror of her family's near extinction during Stalin's purges of the 1930s. 24 pages of photos.
SHORTLISTED FOR THE WILLIAM SAROYAN INTERNATIONAL PRIZE FOR WRITING âe~Incredibly powerful âe¦ by the time you reach the end, youâe(tm)ll have experienced the laughter, sorrow, joy, regret, love and hurt of a real life.âe(tm) Alan Alda âe~The possibility of leaving Russia was never as thrilling as the prospect of leaving my mother.âe(tm) When Elena Gorokhova arrives in America, the only link back to her Russian past is a suitcase filled with twenty kilograms of what used to be her life. Navigating a country she had been taught to fear, Elena begins to carve out a new life in an unfamiliar world. Before the birth of Elena's daughter, her mother comes to visit and stays for twenty-four years. Elena, must struggle with the challenge of raising an American daughter whilst living with her controlling mother, a mirror image of her Motherland. Russian Tattoo is the story of what it means to be an outsider, and what happens when the cultures of our past and present collide. Above all, it is an insightful portrait of mothers and daughters.
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