A Bill of Rights for Workers

Abstract

AbstractThe purpose of this chapter is to propose a piece of legislation that would render the Convention rights enforceable between workers and their employers. Detailed consideration is given to how the Bill of Rights should be framed, how questions of justification should be examined, and how the relational scope of the rights should be determined. Additional measures to encourage respect for human rights in the workplace, including pre-emptive duties to take rights into account, will also be put forward. How the domestic courts should consider the case law of the European Court of Human Rights will be discussed, suggesting an approach that is based upon the principles that flow from the Court’s decisions. Finally, the chapter proposes a role for fundamental social rights as an aid to the interpretation of the Bill’s provisions.