Social Rights in Europe
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 October 2005
- ISBN 9780199286171
- Binding Hardback
- No. of pages440 pages
- Size 241x163x29 mm
- Weight 790 g
- Language English 0
Categories
Short description:
The book is concerned with the legal framework for protecting and promoting social rights in Europe. Its chapters examine procedural and substantive aspects of the Council of Europe's European Social Charter and the European Union's Charter of Fundamental Rights, as well as the EU's so-called 'acquis' in the area of social rights. They look at a range of issues, including the strengths and weaknesses of the two systems in terms of promoting and protecting social rights by examining the legal and political enforcement mechanisms as well as at some of the important substantive rights contained within each.
MoreLong description:
Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe's European Social Charter, have contributed in different ways to this prominence. The chapters in this book examine these recent developments, and discuss some of the current dilemmas and challenges for the system of protection of social rights in Europe.
The collection moves deliberately beyond the traditional focus on labour rights to consider other social rights which are seen to be of growing importance, such as health and disability in particular. Writers who are familiar with, and in some cases who have worked within, the various European systems assess different aspects of their functioning, including their respective mechanisms for monitoring and enforcement. The relationship between the two main systems of protection of social rights (The EU Charter of Fundamental Rights and the European Social Charter) is considered both in a chapter on the possibility for future accession of the EU to the ESC, as well as through a series of case studies on the right to work, to health, to freedom from discrimination, and the rights of the disabled. This approach allows reflection on the respective strengths and weaknesses of these two systems, and the existing tensions and synergies between them.
Table of Contents:
I
The Future of Social Rights Protection in Europe
Social Rights in European Constitutions
II The European Social Charter
The Supervisory Machinery of the European Social Charter: Recent Developments and Their Impact
Assessing the Strenghts and Weaknesses of the European Social Charter's Supervisory System
Domestic Enforcement of the European Social Charter: The Way Forward
The Material Impact of the Jurisprudence of the European Committee of Social Rights
III The European Union
Anchoring the European Union to the European Social Charter: The Case for Accession
The Trajectory of Fundamental Social Rights in the European Union
Social and Labour Rights under the EU Constitution
Fundamental Labour Rights after the Lisbon Agenda
How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social Rights
IV ESC Jurisprudence and the EU Acquis: the Common Core and the Added Value?
The Right to Work
Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination
The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose
We Don't See a Connection: The 'Right to Health' in the EU Charter and European Social Charter
V Beyond Europe's Borders
The Integration of Social Rights Concerns in the External Relations of the European Union
European Fundamental Social Rights in the Context of Economic Globalization
