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Work-Related Rights Under The Echr

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Chapter Summary

The State is the primary responsible agent for securing workers rights. However, workers themselves safeguard their interests through a participatory process which also has the character of human rights, namely to organise, to bargain collectively and to take collective action. The European Convention on Human Rights (ECHR) has no general provision similar to that of Article 1 of the ESC/ RESC, which obliges the Contracting States to undertake various measures with a view to ensuring the effective exercise of the right to work. Some British cases illustrate the scope of Article 8 with respect to the discharge of homosexuals from authorities under the Ministry of Defence. The cases concerned the British policy according to which homosexuality was considered incompatible with service in the armed forces.

Keywords: European Convention on Human Rights (ECHR); European Social Charter (ESC); homosexuality; work-related rights



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