The Social Justice Expertise is pleased to share the booklet Ensuring Coherence in Fundamental Labor Rights Case Law: Challenges and Opportunities, a product of the first global conference for labor law judges and other adjudicator held on 22 April 2016 in Leiden, the Netherlands. The conference brought together an international group of members of (quasi-) judicial bodies to discuss the ever-growing number of bodies currently in charge of monitoring the implementation and enforcement of fundamental labor rights. Participants and speakers at the conference discussed the options for and implications of ensuring coherence in the interpretation of fundamental labor rights.
Ensuring Coherence in Fundamental Labor Rights Case Law: Challenges and Opportunities is an initiative of the Social Justice Expertise Center (SJEC), a partnership between The Hague Institute for Global Justice and Leiden University.
“Besides all existing political and economic differences among States, arguing for different treatment of different situations, fundamental rights do need some coherence at international level. As they are challenged by ongoing crises, making fundamental social rights more visible and better enforceable might stabilize protective standards.”
Professor Monika Schlachter, Vice-President, European Committee of Social Rights; Professor of Civil Law, Labor Law and International Private Law, University of Trier
The Social Justice Expertise Center conference booklet, titled Ensuring Coherence in Fundamental Labor Rights Case Law: Challenges and Opportunities, contains contributions from the conference speakers. The themes discussed by the authors are:
- ‘Proliferation of Fundamental Labor Rights Enforcement Mechanisms: Contemporary Discourse and Institutional Challenges – The Contribution of the European Court of Human Rights’
By Judge Dean Spielmann, Judge Court of Justice of the European Union (General Court); Former President, European Court of Human Rights
- ‘The Right to Strike: A Need to Align Different Interpretations?’
By Professor Monika Schlachter, Vice-President, European Committee of Social Rights; Professor of Civil Law, Labor Law and International Private Law, University of Trier
- ‘Divergence in Fundamental Labor Rights Case Law: Banning Religious Symbols in Public Employment’
By Professor Titia Loenen, Professor of Human Rights and Diversity, Leiden University
- ‘Understanding Fundamental Labor Rights: Achieving Social Justice through Interpretation’
By Professor Niklas Bruun, Professor of Private Law, Hanken School of Economics
- ‘The ILO and the Interpretation of Fundamental Rights at Work: A Closer Look at Establishing a Tribunal under Article 37 (2)’
By Dr. Claire La Hovary, Lord Kelvin Adam Smith Fellow, University of Glasgow; Former Legal Officer, International Labour Organization
- ‘Consistency, Consensus, or Coherence? Legal Interpretation of Fundamental Labor Rights’
By Professor Brian Langille, Professor of Law, Faculty of Law, University of
- ‘The Interpretation of the Court of Justice of the European Union of Fundamental Labor Rights’
By Judge François Biltgen, Judge, Court of Justice of the European Union
“By entering into a jurisprudential dialogue with various bodies, taking into account the divergent approaches, the Court [European Court of Human Rights] remains coherent in the interest of legal certainty. The European Convention on Human Rights has thus, over the years, become a robust instrument, particularly relevant to the monitoring of individual and collective labor relations.”
Judge Dean Spielmann Judge Court of Justice of the European Union (General Court); Former President, European Court of Human Rights
The Social Justice Expertise Center is a collaboration between Leiden University and The Hague Institute. The Center, among others, publishes the International Labor Rights Case Law which contains decisions from (quasi-) judicial bodies on fundamental labor rights accompanied by commentaries by senior labor rights scholars and practitioners.
For more information about (hardcopies of) the conference booklet or Center contact: Manuella AppiahDownload PDF