Employment Law and the European Convention on Human Rights (ECHR)

Bulletin of Comparative Law and Labour Relations #114

Employment Law and the European Convention on Human Rights is an indispensable and first-of-its-kind book to extensively survey and analyse recent European Court of Human Rights (ECtHR’s) cases relevant to employment law. It delves deep into the 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. In recent years, the tendency of the 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.

What’s in this book:

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, to develop new employment rights. They also describe in depth the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence.

How this will help you:

As a clear, concise and user-friendly guide to the applicability of ECHR for the protection of labour rights and human rights at work, this book is of pragmatic value to labour lawyers in articulating 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 with respect to the right to workplace privacy.