The human in the work suit: Workers' rights in front of the European Court of Human Rights - (article 1 - article 6)

Abstract

Is there anything more time-consuming in the human experience than our ritual of labouring eight hours or more in at least five out of seven days every week of one's adult life? Naturally, only thinking about this question leads us to the assumption that our very human integrity and therefore human rights are directly involved in the workplace where we usually spend most of our waking hours. However, the law and the economy are not so clear on the intersection between labour and human rights and the debate around their interplay is beginning to gain increasing attention in the academic world. Questions regarding the potential complementarity, conflict, or divergence between the two areas still provoke vigorous disagreements and mostly keep the debate at a stalemate. This article examines the issue and analyses the ECtHR cases in order to consider the legal options for cohesion. The legal, economic, social, and political complexities, function as a starting point for further exploration. Thus, the paper transcends the legal and the economic standpoints, and analyses the very principles that underlie human dignity in the issue at stake.

Keywords

• workers' rights
• employment relationship
• law and economy
• the european court of human rights