Protection of certain types of labour rights in decisions of the European Court of Human Rights

Abstract

The topic of protecting certain types of labour rights of citizens in decisions of the European Court of Human Rights is relevant in connection with numerous cases of discrimination of employees by employers, which determines the need to resist offenses in the field of labour. The purpose of the study is to clarify the content and essence of labour rights in general and determine the place and role of certain types of rights that are subject to protection. The theoretical and methodological basis of the study is the formal legal method, which allowed analysing the current decisions of the European Court of Human Rights. The use of analysis and synthesis methods allowed comparing the main norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the mechanisms used to protect certain types of labour rights. Using the structural and functional method, the main types of labour rights protected by the Convention are determined. The use of formal and logical facilitated the study of the achievements of researchers in the field of human rights protection. It is noted that among the list of articles of the Convention there are no norms that directly provide for the protection of the labour rights of citizens, but there are a large number of violations resulting from the implementation of labour relations. Such violations are related to the protection of the rights defined by the Convention, namely: discrimination on many grounds, violation of the right to freedom of speech, the right to privacy, a fair trial, and other rights. Most of them relate to defining the boundaries of privacy in the performance of labour duties; how the employer takes into account the employee’s initiative; compliance with the norms of the employment contract, and administrative policy of the enterprise. The main types of labour rights protected by the Convention on Human Rights and Fundamental Freedoms are highlighted. Theoretical developments, conclusions, and proposals can be used for further scientific research on problematic issues in the field of protection of certain types of labour rights in decisions of the European Court of Human Rights.