The European Social Charter : a commentary. Volume 2, Preamble, Part I and Part II (Articles 1 To 10) / [edited] by the Academic Network on the European Social Charter and Social Rights ; edited by Carole Nivard.

Format:

Book

Contributor:

Nivard, Carole, editor.

E.J. Brill (Firm)

Language:

English

Subjects (All):

European Social Charter (1961 October 18).

European Social Charter.

European Committee of Social Rights.

Social rights--Europe.

Social rights.

Social legislation--Europe.

Social legislation.

Labor laws and legislation--Europe.

Labor laws and legislation.

Europe--Social policy.

Europe.

Physical Description:

1 online resource (368 p.).

Place of Publication:

Leiden ; Boston : Brill Nijhoff, [2023]

Contents:

Half Title

Title Page

Copyright Page

Contents

Foreword

Preliminary Remarks and Acknowledgments

Abbreviations

Table of Cases

Notes on Contributors

Preambles

I The Preamble in the Preparatory Work of the European Social Charter

II The Preambles of the Additional Protocols of 1988 and 1995

III Towards the Revision of the European Social Charter

IV The Preamble of the European Social Charter Revised

V The Preambles of the Charter and Its Protocols in the Practice of the European Committee of Social Rights

A The Preambles in the Control Procedure over States' Reports

B The Preambles within the Collective Complaints' Procedure

Concluding Remarks

Part 1 List of Rights and Principles

List of Rights and Principles

I Presentation

A Origins: The Expression of a Compromise

B An Ambivalent Content

1 A Simple Catalogue of Rights and Principles?

2 A Shared Foundation of Social Values?

C An Uncertain Legal Scope

1 An a Priori Declarative Value

2 A Normative Scope: The Obligation to Pursue All Listed Goals

a An Obligation Set Out in the First Sentence of Part 1

B Nature of the Obligation in the First Sentence

II Practice

A An Underexploited Incentivizing Function

B An Underdeveloped Interpretive Function

Part 2 Revised European Social Charter

Article 1 The Right to Work

I The Conception of the Right to Work

II Article 1 1: Full and Stable Employment

A The Nature of State Obligations

B Article 1 1 in the Light of European Union Policies

III Article 1 2: Free Labour and Prohibition of Discrimination

A The Prohibition of Discrimination

B The Prohibition of Forced and Compulsory Labour

C Conditions for Social Security Benefits and the Prohibition of Labour Exploitation

D New Frontiers in the Protection of Free Labour

IV Article 1 3: Free Employment Services for All Workers

V Article 1 4: Vocational Guidance and Training

VI Correlations and Divergences between the Right to Work in Other International Instruments

VII The Relationship between Article 1 and the Other Provisions of the Charter

VIII Brief Considerations on Enforcement Perspectives

Article 2 The Right to Just Conditions of Work

I Article 1 1

Reasonable Working Time

II Article 2 2

Public Holidays with Pay

III Article 2 3

Annual Holiday with Pay

IV Article 2 4

Reduced Working Hours or Additional Holidays in Dangerous or Unhealthy Occupations

V Article 2 5

Weekly Rest Period

VI Article 2 6

Information on the Employment Contract

VII Article 2 7

Night Work

Article 3 The Right to Safe and Healthy Working Conditions

I Article 3 1

II Article 3 2

III Article 3 3

IV Article 3 4

Article 4 Right to a Fair Remuneration

Notes:

Includes bibliographical references.

I Article 4 1: Right to a Fair Remuneration

Electronic reproduction. Leiden, Netherlands Available via World Wide Web.

Description based on online resource; title from digital title page (viewed on April 27, 2023).

Other Format:

Print version: The Academic Network on the European, The Academic Network on the The European Social Charter: a Commentary

ISBN:

9789004434066

9004434062

Publisher Number:

40031698970

Access Restriction:

Restricted for use by site license.