The legal term “social rights” refers to the specific human rights
addressed by labour law and social security law. On the European continent,
these rights are protected not only by domestic law, but also by the European
Social Charter of the Council of Europe of 1961, its three additional
protocols (1988, 1991, and 1995), and the Revised European Social Charter of
1996. These instruments comprise a fundamental international treaty which not
only specifies the relevant rights but also includes an array of supervisory
mechanisms to monitor compliance, a regulatory role undertaken by the European
Committee of Social Rights. This important book offers an in-depth analysis of
the substantive and procedural issues of protecting social rights in Europe
under the Social Charter. Analysing the standards promulgated by the
Committee, and drawing on the extensive legal literature on the subject, the
author focuses on the administrative aspects of all the social protections
afforded by the Charter, including the following:
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workers’ right to freedom of association;
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right of workers’ representatives to protection;
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due process in termination of employment;
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protection of employed women on maternity;
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social integration of disabled persons;
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right of migrant workers to protection and assistance; and
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right to housing.
Practitioners specialising in labour and employment law or social security
law, students of comparative labour and social security law, and specialists
in international social policies will greatly appreciate the rigor of the
analysis as well as the insights offered in this remarkable book.
Introduction.
Part I: Structure of the European Social
Charter and Protocols. 1. European Social Charter of 1961. 2.
Additional Protocols. 3. Revised European Social Charter of 1996. 4.
Summary.
Part II: Social Rights. Introduction.
Categories of Social Rights and Methods of their Protection. 1.
Regulation of Social Rights through Individual Labour Law Regulations. 2.
The Regulation of Social Rights through Collective Labour Law. 3. The
Regulation of Social Rights through Social Security Law. 4. Rights of
Citizens of Other States Parties to the European Social Charter. 5.
Restrictions and Exclusions in Abiding Regulations of the European Social
Charter.
Part III: The Supervision of Complying with the Laws of the European Social
Charter. 1. Supervisory Bodies. 2. Adjudicating Collective
Complaints. Summary.