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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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Constitutionalizing Labour Rights in Europe

Constitutionalizing Labour Rights in Europe

Chapter:
(p.244) 12 Constitutionalizing Labour Rights in Europe
Source:
The Legal Protection of Human Rights
Author(s):

Judy Fudge

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606078.003.0012

By looking at a few recent cases decided by the Supreme Court of Canada (Health Services and Support-Facilities Subsector Bargaining Association v. British Columbia 2007), by the European Court of Justice (Viking 2007, Laval 2007, Ruffert(2008), and the European Court of Human Rights (Demir and Baykara v. Turkey 2008) this chapter explores what the idea of constitutional labour rights means. In doing so, it places this emerging process of constitutionalization in its broader political and economic context of economic globalization and political neo-liberalism. It uses the recent cases in Canada and Europe to illustrate how a comparative analysis helps us to understand and to identify some of the perils and promises associated with this process.

Keywords:   labour rights, European Court of Human Rights, European Court of Justice, ILO, Canada, economic globalization

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