Forcing Prison Labor: International Labor Standards, Human Rights and the Privatization of Prison Labor in the Contemporary United States**I would like to thank Shayna Plaut and the International Studies Association 2006 Panel on Human Rights Aspects of North–South Relations for feedback on an earlier draft of this paper, Sarah C. Walker for initial consultation, reviewers atNew Political Sciencefor their helpful comments, and especially Steven Koskela for invaluable editing and feedback.

This chapter introduces the book’s main goal: to provide a “principled labor law” method to decide hard cases. It describes principled labor law as a Latin American method embedded in the principles of protection, primacy of reality, nonwaiver, and continuity. It argues that principled labor law can be useful even in the least likely case of labor protection, the United States, and explains how, if useful for the United States, it is likely helpful for other jurisdictions. It describes how principled labor law complements perspectives favoring freedom of association—the so-called labor constitution—but opposes views attempting to eviscerate the idea of protecting weaker parties from contemporary law, or those that envision labor law as merely a regulatory endeavor. It also describes how principled labor law shares similarities with the purposive perspective of Guy Davidov, but also contrasts with that perspective, to the extent principled labor law is mostly concerned, and is, in fact, “rulified” in favor of labor protection. It explains that principled labor law seems particularly needed to evade problems of legal endogeneity. The chapter concludes by arguing that the book provides a countercultural narrative for labor law in the United States that is also consonant with international labor standards and, as such, better brings U.S. labor law into the mainstream. Principled labor law may be less countercultural in other countries, but may also help there to renew jurisdictional commitments in favor of labor protection.

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OIT: solidariedade e fraternidade na proteção aos direitos humanos dos trabalhadores

Revista da Faculdade de Direito ◽

10.22456/0104-6594.84689 ◽

2018 ◽

Vol 1 (39) ◽

Author(s):

Luciane Cardoso Barzotto ◽

Olga Maria Boschi Aguiar de Oliveira

Keyword(s):

European Union ◽

Human Rights ◽

Labor Standards ◽

The European Union ◽

International Labor Standards ◽

International Labor ◽

Economic Bloc

RESUMOO trabalho presente analisa as normas internacionais do trabalho e a atuação da OIT como expressão do princípio da fraternidade o qual compõe, ao lado da liberdade e da igualdade, o marco fundamental dos direitos humanos dos trabalhadores. Analisa-se ainda a produção normativa da União Europeia e o tratamento solidarista que este bloco econômico dá aos direitos laborais.PALAVRAS-CHAVESolidariedade. Fraternidade. Direitos Humanos dos Trabalhadores. ABSTRACTThe present work examines international labor standards and the ILO's work as an expression of the principle of fraternity which, alongside freedom and equality, constitutes the fundamental human rights framework for workers. It also analyzes the normative production of the European Union and the solidarity treatment that this economic bloc gives to labor rights.KEYWORDSSolidarity. Fraternity. Human Rights of Workers

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