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Human rights and European politics : the - Fritz Fabricius

Human rights and European politics

the

Hardcover

Published: 2nd September 1992
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The free movement of labour will be one of the key elements of the Single Market soon to be implemented, One would therefore expect that efforts would have been made to harmonize social policies, especially on the legal status of workers. But the existing EC Treaty contains no provision and the Community Charter of the Fundamental Social Rights of Workers of 1989 fails to fill the gap. The Charter delegates the socio-political responsibility in almost all points to the member states. Yet the constitutions of most refer to general human rights only. The author here stresses the importance of economic and social human rights which, like human rights in general, have their roots in the Enlightenment, especially in the works of Montesquieu, Adam Smith and Kant. The author examines how these thinkers' ideas on these topics have been neglected since the 19th century snd argues that it is time to revive them. In this context he discusses such current and hotly debated issues as ownership of the product of work, workers' determination, strikes and lockouts. He concludes that it is vital for the Single Market to extend human rights to the social and economic spheres. An appendix of key documents, otherwise difficult to access and some of which are available in English for the first time, enhance this important volume.

"For everyone interested in the subject of social and economic rights of workers, this book is a must." Andreas Nicolas Loizou, President of the Supreme Court of Cyprus, Judge of the European Court of Human Rights

Preface
The Legal Framework of the EC and Human Rights
The Aim of an Internal Market and Related Social Problemsp. 1
Tasks and Aims of the EC and Means of Achieving Themp. 3
EC-Provisions Concerning Social Standards and Social Politicsp. 4
Human Rights as a Possible Legal-Political Basisp. 6
Perspectives of an International Labour, Economic and Social Legal Order on the Fundamentals of Human Rights
Human Rights - Basis for a World Lawp. 17
A Programme of Ten Principles for an Individualistic-Democratic Labour, Economic and Social Order of the Futurep. 25
Explanatory Statements Regarding the 'Programme of Principles'p. 27
Outlooks of Collectivist-Democratic Labour, Economic and Social Ordersp. 34
The Legal Status of the Employee in an Industrialised Society: Reflections on the So-called Welfare State
Introduction: 'The Change' - 'The Dismantling of the Welfare State'?p. 36
'Welfare State' - 'Democratic and Social Federal State' and 'Legal State' and the Legal Position of the Employeep. 38
Influence of the Industrial System on the Implied Importance of Basic Rights and 'Human Rights of All'?p. 50
Can the Elementary Human Right 'Work Leads to Ownership of the Worker in the Product of his Work' be Realised by Collective Bargaining Autonomy?p. 62
The Fight For and Against Immutable and Inalienable 'Human Rights of All' and Democracyp. 66
Thoughts and Ideas as to the Construction of a Liberal-Democratic and Social Legal Statep. 73
Utopia? - 'Tamperer with the System'? - Faith/Hope? - Optimism/Pessimism? - End without Change? - Scientific Recognitionp. 76
Jurisprudence as Science and its Methodsp. 78
Strike and Lock-out in the Order of the European Social Charter and 'Human Rights of All'
The European Social Charter as a Basis of International Law - General Human Rights as a Basis for Justicep. 81
The Character of the Legal Obligations of Art. 6, Para. 4, ESCh, and their Consequencesp. 83
The Realisation of Art. 6, Para. 4, ESCh, in Other States of the Contracting Partiesp. 86
The Interpretations of Art. 6, Para. 4, ESChp. 95
Fundamentals for the Solution of the Problems Describedp. 98
Work - Economy - Law in an Individualistic-Democratic, Market-Economy-Orientated Social Orderp. 102
Final Consequences for Strike and Lock-out - Interpretation of Art. 6, Para. 4, ESChp. 122
Evaluation and Summary
Social and Economic Human Rights of Importance for the Workerp. 126
Differing Qualities of the Above-Listed Human Rightsp. 128
Human Rights and the Common Weal. Realisation in Present-day Political Systemsp. 130
The Elementary Human Right 'Work Leads to Ownership of the Worker in the Product of his Work' Considered from the Perspective of the Philosophy of Karl Marxp. 134
Deficits of Human Rights in 'Real Existing Socialism' and in Private Capitalism as Practisedp. 136
Abbreviationsp. 142
Appendixp. 143
Literaturverzeichnisp. 181
Index
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780854967636
ISBN-10: 085496763X
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 208
Published: 2nd September 1992
Publisher: BERG PUBL INC
Country of Publication: GB
Dimensions (cm): 21.6 x 13.8  x 1.91
Weight (kg): 0.32
Edition Number: 1