The Protection of the Right to Work Through the European Convention on Human Rights

Abstract

AbstractThe right to work was until recently under-explored in academic literature and judicial decision-making. Classified often as a social right, it was viewed as a non-justiciable entitlement. Today, as the right to work is sometimes used as a slogan in favour of deregulation of the labour market, as well as a slogan against immigration and unionisation, the analysis of the right to work as part of a labour law agenda is crucial. Against this background, this chapter examines the right to work in the European Convention on Human Rights. Even though the right to work is not explicitly protected in the ECHR, the chapter identifies in the case law of the European Court of Human Rights certain principles that underpin the right to work, which can serve as guidance in the interpretation of existing provisions of the Convention.