19. The right to work

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Equal Pay ◽  
Right To Work ◽  
The Social ◽  
Equal Work ◽  
The Right ◽  
Conditions Of Work

This chapter examines the right to work in international human rights law. It discusses the right to just and favourable conditions of work and remuneration; and the right to equal pay for equal work. The chapter highlights the role of the International Labour Organization in setting the standard for worker protection, and the contributions of the Social Charters of the Council of Europe in providing evidence of the change in such standards over the years.

16. The right to work

2019 ◽  
pp. 296-311
Author(s):  
Rhona K. M. Smith
Keyword(s):  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Equal Pay ◽  
Right To Work ◽  
The Social ◽  
Equal Work ◽  
The Right ◽  
Conditions Of Work

This chapter examines the right to work in international human rights law. It discusses the right to just and favourable conditions of work and remuneration, and the right to equal pay for equal work. The chapter highlights the role of the International Labour Organization in setting the standard for worker protection, and the contributions of the Social Charters of the Council of Europe in providing evidence of the change in such standards over the years.

Legal Capacity: A Challenging Priority

2021 ◽  
pp. 91-108
Author(s):  
Gauthier de Beco
Keyword(s):  
Decision Making ◽  
Social Relations ◽  
Mental Capacity ◽  
International Human Rights Law ◽  
Legal Capacity ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

This chapter analyses the right to legal capacity. It examines how the right was guaranteed prior to the CRPD and how it is protected for disabled people by the Convention. It not only discusses the issues raised by the notion of legal capacity and but also explains the way in which the Convention addresses deficits in mental capacity through its requirement to provide support for the exercise of legal capacity. It goes on to examine the concept of legal capacity within the meaning of the CRPD. It explores what disability brings to the fore in respect of support by focusing on the role of social relations in achieving decision-making. It also considers the consequences of the right to legal capacity for the whole of international human rights law as well as outstanding issues in the understanding of this right.

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

12. Education and work

2017 ◽  
Author(s):  
Coomans Fons
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Cultural Rights ◽  
Right To Work ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.

Work: A Needed Priority

2021 ◽  
pp. 127-142
Author(s):  
Gauthier de Beco
Keyword(s):  
Supported Employment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Disabled People ◽  
International Human Rights ◽  
Employment Opportunities ◽  
Gainful Employment ◽  
Right To Work ◽  
International Human ◽  
The Right

This chapter analyses the right to work. It examines how the CRPD has come to provide for the participation of disabled people in the ‘open labour market’ and examines the various barriers that limit such participation. It also considers alternative forms of employment, including sheltered and supported employment, as well as how they relate to the new emphasis brought on the right to work by the CRPD. It subsequently focuses on the extent to which the Convention calls into question those working arrangements that ignore the complexity of human diversity. It further appraises the provision of equal employment opportunities for disabled people warning against certain limits in the consideration of employment as nothing but gainful employment in international human rights law.

Rules of Engagement and Human Rights Law

2020 ◽  
pp. 185-239
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

This chapter analyses the interaction between rules of engagement (ROE) and international human rights law. To support the analysis, the chapter first discusses the extraterritorial applicability of international human rights law in the context of international military operations, drawing on the case law of several human rights law bodies. The chapter then discusses the interaction between international humanitarian law (IHL) and international human rights law, including a discussion of the differences in meaning of the concepts of necessity and proportionality in each paradigm. The role of international human rights law in the ROE is discussed, especially regarding the right to life.

Assessing the Jordan Compact One Year On: An Opportunity or a Barrier to Better Achieving Refugees’ Right to Work

2019 ◽  
Vol 33 (1) ◽  
pp. 42-61 ◽  
Author(s):  
Amanda Gray Meral
Keyword(s):  
Human Rights ◽  
International Community ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Right To Work ◽  
International Human ◽  
Donor States ◽  
One Year ◽  
The Right

Abstract The international community can play a key role in assisting states to achieve the right to work for refugees. For example, they can provide financial and technical support to host states as well as influencing a more enabling legal and policy environment. The recent Jordan Compact agreed between Jordan and the international community in February 2016 is an example of the sphere of that influence. Such bilateral agreements between refugee-hosting states and donor states, regional blocs or the international community are an increasing occurrence, providing enormous resources and support for improving the socio-economic lives of refugees. Yet, to date, there has been no analysis of these compacts from the perspective of international human rights law and specifically the right to work for refugees. This article attempts to fill that gap. Drawing on international human rights law and using the Jordan Compact as a case study, it examines the extent to which such agreements can be an effective tool in better achieving refugees’ right to work.

Part I Theoretical Foundations, Ch.4 Sociology of Human Rights

2013 ◽  
Author(s):  
Turner Bryan S
Keyword(s):  
Human Rights ◽  
Max Weber ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Citizenship Rights ◽  
The Social ◽  
Political Conditions ◽  
Theoretical Foundations

This article examines the role of sociology in international human rights law. It discusses the relevant views of German sociologist Max Weber and considers the issues of human rights and citizenship rights. It describes the emergence of the sociology of human rights as a consequence of taking globalization seriously and highlights the failure of sociologists to address long-standing philosophical problems surrounding human rights. This article identifies a number of legitimate sociological areas of inquiry which include the social and political conditions that have produced the entitlements or juridical revolutions and the social movements that have fostered human rights developments.

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