 Is there a human right not to be a trade union member?: labour rights under the European Convention on Human RightsVirginia Mantouvalou LSE Research Online Documents on Economics from London School of Economics and Political Science, LSE Library Abstract: This paper examines the protection of labour rights in the context of civil and political rights documents and explores the compatibility of closed shop arrangements with human rights law. It contributes to the relevant debates in two ways. First, it seeks to examine how the “integrated approach” to interpretation, a method increasingly preferred by the European Court of Human Rights when examining work-related complaints, affects the regulation of closed shops. Second, it attempts to resolve the apparent tension between individual rights and the collective interests of labour that is commonly articulated in both the case law and the academic literature. The paper suggests that, contrary to a widely held understanding, civil and labour rights share common values. Through the example of closed shops it is argued that the rights of workers and their unions can be enhanced rather than harmed by an effective and principled human rights regime. Keywords: human rights; labour law (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:ehl:lserod:24624 Access Statistics for this paper More papers in LSE Research Online Documents on Economics from London School of Economics and Political Science, LSE Library LSE Library Portugal Street London, WC2A 2HD, U.K.. Contact information at EDIRC. |
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