Social Rights In Europe

Paperback | October 19, 2005

byGrainne de Burca, Bruno De Witte, Larissa Ogertschnig

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Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe'sEuropean Social Charter, have contributed in different ways to this prominence. The chapters in this book examine these recent developments, and discuss some of the current dilemmas and challenges for the system of protection of social rights in Europe. The collection moves deliberately beyond the traditional focus on labour rights to consider other social rights which are seen to be of growing importance, such as health and disability in particular. Writers who are familiar with, and in some cases who have worked within, the various Europeansystems assess different aspects of their functioning, including their respective mechanisms for monitoring and enforcement. The relationship between the two main systems of protection of social rights (The EU Charter of Fundamental Rights and the European Social Charter) is considered both in achapter on the possibility for future accession of the EU to the ESC, as well as through a series of case studies on the right to work, to health, to freedom from discrimination, and the rights of the disabled. This approach allows reflection on the respective strengths and weaknesses of these twosystems, and the existing tensions and synergies between them.

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Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe'sEuropean Social Charter, have contributed in diff...

Grainne de Burca has been professor of European Union Law at the European University Institute since 1998. Prior to that she was a lecturer in law at Oxford University and fellow of Somerville College from 1990-1998. She has been a visiting professor at the Universities of Toronto, Michigan, Columbia and NYU. Her field of expertise is...

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Format:PaperbackDimensions:440 pages, 9.21 × 6.14 × 1.02 inPublished:October 19, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199287996

ISBN - 13:9780199287994

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Table of Contents

I1. Grainne de Burca: The Future of Social Rights Protection in Europe2. Cecile Fabre: Social Rights in European ConstitutionsII The European Social Charter3. Regis Brillat: The Supervisory Machinery of the European Social Charter: Recent Developments and Their Impact4. Philip Alston: Assessing the Strengths and Weaknesses of the European Social Charter's Supervisory System5. Gisella Gori: Domestic Enforcement of the European Social Charter: The Way Forward6. Jean-Francois Akandji-Kombe: The Material Impact of the Jurisprudence of the European Committee of Social RightsIII The European Union7. Olivier De Schutter: Anchoring the European Union to the European Social Charter: The Case for Accession8. Bruno de Witte: The Trajectory of Fundamental Social Rights in the European Union9. Brian Bercusson: Social and Labour Rights under the EU Constitution10. Silvana Sciarra: Fundamental Labour Rights after the Lisbon Agenda11. Stijn Smismans: How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social RightsIV ESC Jurisprudence and the EU Acquis: the Common Core and the Added Value?12. Diamond Ashiagbor: The Right to Work13. Mark Bell: Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination14. Gerard Quinn: The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose15. Tamara K. Hervey: We Don't See a Connection: The 'Right to Health' in the EU Charter and European Social CharterV Beyond Europe's Borders16. Alexandra Gatto: The Integration of Social Rights Concerns in the External Relations of the European Union17. Marie-Ange Moreau: European Fundamental Social Rights in the Context of Economic Globalization