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Recent jurisprudence of the European Court of Human Rights relevant to employment law. / Perulli, Adalberto; Sychenko, Elena .

In: European Labour Law Journal, Vol. 9, No. 3, 09.2018, p. 287-298.

Research output: Contribution to journal › Article › peer-review

Harvard

Perulli, A & Sychenko, E 2018, 'Recent jurisprudence of the European Court of Human Rights relevant to employment law', European Labour Law Journal, vol. 9, no. 3, pp. 287-298.

APA

Perulli, A., & Sychenko, E. (2018). Recent jurisprudence of the European Court of Human Rights relevant to employment law. European Labour Law Journal, 9(3), 287-298.

Vancouver

Perulli A, Sychenko E. Recent jurisprudence of the European Court of Human Rights relevant to employment law. European Labour Law Journal. 2018 Sep;9(3):287-298.

Author

Perulli, Adalberto ; Sychenko, Elena . / Recent jurisprudence of the European Court of Human Rights relevant to employment law. In: European Labour Law Journal. 2018 ; Vol. 9, No. 3. pp. 287-298.

BibTeX

@article{5019ca09d3744ec99f047688b6f1039a,
title = "Recent jurisprudence of the European Court of Human Rights relevant to employment law",
abstract = "In the field of regulatory instruments in the social field, the European Convention on Human Rights (ECHR) and the related jurisprudence of the Court of European Court of Human Rights (ECtHR) deserves renewed focus. In recent years considerable debate has developed over the relationship between social rights and human rights, and the jurisprudence of the ECtHR has clearly demonstrated the growing value of human rights in the workplace. The Court explored the growing facets of the ban on forced labour and discrimination; developed the idea of employee privacy and contributed to the protection of their freedom of religion, expression and association; recognised the {\textquoteleft}vulnerability{\textquoteright} of the employee in the employment relationship and has drawn from it the principle that a restriction on hiring practices or certain dismissal practices may have a {\textquoteleft}chilling effect{\textquoteright} on the exercise of the rights provided for by the Convention. In essence, thanks to a sensitivity towards the social and labour field, and due to the integrated approach adopted by the Court of Strasbourg, the scope of the ECHR has been broadly extended to include the protection of certain social rights of a collective nature.",
keywords = "European Convention on Human Rights (ECHR), European Court of Human Rights (ECtHR), jurisprudence, labour law, forced labour, freedom of association, personal data, degrading and unhuman treatment, the right for a fair trial, privacy at work",
author = "Adalberto Perulli and Elena Sychenko",
year = "2018",
month = sep,
language = "English",
volume = "9",
pages = "287--298",
journal = "European Labour Law Journal",
issn = "2031-9525",
publisher = "SAGE",
number = "3",

}

RIS

TY - JOUR

T1 - Recent jurisprudence of the European Court of Human Rights relevant to employment law

AU - Perulli, Adalberto

AU - Sychenko, Elena

PY - 2018/9

Y1 - 2018/9

N2 - In the field of regulatory instruments in the social field, the European Convention on Human Rights (ECHR) and the related jurisprudence of the Court of European Court of Human Rights (ECtHR) deserves renewed focus. In recent years considerable debate has developed over the relationship between social rights and human rights, and the jurisprudence of the ECtHR has clearly demonstrated the growing value of human rights in the workplace. The Court explored the growing facets of the ban on forced labour and discrimination; developed the idea of employee privacy and contributed to the protection of their freedom of religion, expression and association; recognised the ‘vulnerability’ of the employee in the employment relationship and has drawn from it the principle that a restriction on hiring practices or certain dismissal practices may have a ‘chilling effect’ on the exercise of the rights provided for by the Convention. In essence, thanks to a sensitivity towards the social and labour field, and due to the integrated approach adopted by the Court of Strasbourg, the scope of the ECHR has been broadly extended to include the protection of certain social rights of a collective nature.

AB - In the field of regulatory instruments in the social field, the European Convention on Human Rights (ECHR) and the related jurisprudence of the Court of European Court of Human Rights (ECtHR) deserves renewed focus. In recent years considerable debate has developed over the relationship between social rights and human rights, and the jurisprudence of the ECtHR has clearly demonstrated the growing value of human rights in the workplace. The Court explored the growing facets of the ban on forced labour and discrimination; developed the idea of employee privacy and contributed to the protection of their freedom of religion, expression and association; recognised the ‘vulnerability’ of the employee in the employment relationship and has drawn from it the principle that a restriction on hiring practices or certain dismissal practices may have a ‘chilling effect’ on the exercise of the rights provided for by the Convention. In essence, thanks to a sensitivity towards the social and labour field, and due to the integrated approach adopted by the Court of Strasbourg, the scope of the ECHR has been broadly extended to include the protection of certain social rights of a collective nature.

KW - European Convention on Human Rights (ECHR)

KW - European Court of Human Rights (ECtHR)

KW - jurisprudence

KW - labour law

KW - forced labour

KW - freedom of association

KW - personal data

KW - degrading and unhuman treatment

KW - the right for a fair trial

KW - privacy at work

UR - https://proxy.library.spbu.ru:2254/doi/10.1177/2031952518799759

M3 - Article

VL - 9

SP - 287

EP - 298

JO - European Labour Law Journal

JF - European Labour Law Journal

SN - 2031-9525

IS - 3

ER -

ID: 33286087