Activation Policies for the Unemployed, the Right to Work and the Duty to Work

Activation Policies for the Unemployed, the Right to Work and the Duty to Work

Author: Elise Dermine

Publisher: Peter Lang Pub Incorporated

Published: 2014-12-16

Total Pages: 280

ISBN-13: 9782875742322

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Since the 1990s and the 2000s, Western social protection systems have experienced a turn towards activation. This turn consists of the multiplication of measures aimed at bringing those who are unemployed closer to participation in the labour market. These measures often induce a strengthening of the conditions that must be met in order to receive social benefits. <BR> It is in this well known context that the authors gathered in this book decided to take a closer look at the relationship between activation policies for the unemployed and the right and the duty to work. If activation measures are likely to increase transitions towards the labour market, we can also make the assumption that they may, particularly when they are marked with the seal of coercion, hinder or dramatically reduce the right to freely chosen work. In such circumstances, the realisation of the -right to work-, which is often stated to be the aim of those who promote activation, tends in practice to be reduced to an increasing pressure being exerted on the unemployed. In this case, isn't it actually the duty to work that is particularly reinforced? <BR> After an historical and philosophical perspective on the issue, this assumption is confronted with the developments observed in the United States and in France, and then with the guidelines laid down in international human rights instruments. What follows is a discussion of two alternatives to the dominant activation model: the basic income guarantee and the employment guarantee."


Research Handbook on International Law and Social Rights

Research Handbook on International Law and Social Rights

Author: Christina Binder

Publisher: Edward Elgar Publishing

Published: 2020-08-28

Total Pages: 592

ISBN-13: 1788972139

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This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.


Rethinking Poverty

Rethinking Poverty

Author: Barry Knight

Publisher:

Published: 2017

Total Pages: 364

ISBN-13: 1447340019

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Epdf available Open Access under CC-BY-NC licence In our society, a wealthy minority flourish, while around one-fifth experience chronic poverty and many people on middle incomes fear for their futures. Social policy has failed to find answers to these problems and there is now a demand for a new narrative to enable us to escape from the crisis in our society. With the aim of ending poverty, this book argues that we need to start with the society we want, rather than framing poverty as a problem to be solved. It calls for a bold forward-looking social policy that addresses continuing aust.


Welfare to Work in Contemporary European Welfare States

Welfare to Work in Contemporary European Welfare States

Author: Anja Eleveld

Publisher: Policy Press

Published: 2020-01-29

Total Pages: 364

ISBN-13: 1447340140

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With welfare to work programmes under intense scrutiny, this book reviews a wide range of existing and future policies across Europe. Seventeen contributors provide case studies and legal, sociological and philosophical perspectives from around the continent, building a rich picture of welfare to work policies and their impact. They show how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination. For anyone interested in the justice of welfare to work, this book is an important step along the path towards more fair and adequate legislation.


Human Rights at Work

Human Rights at Work

Author: Alan Bogg

Publisher: Bloomsbury Publishing

Published: 2024-10-03

Total Pages: 379

ISBN-13: 1509938737

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Should workers ever lose their job because of their political views or affiliations? Should female employees be entitled to wear a headscarf in the workplace for religious reasons? Can it ever be right for an employer to dismiss someone for personal activities undertaken in their leisure time? What restrictions, if any, should be placed on the right to strike ? Engagingly written, this innovative new textbook provides an entry point for exploring these and other topical issues, enabling students to analyse the applicability of human rights to disputes between employers and workers in the UK. It offers an original perspective on the traditional topics of employment law as well as looking in greater depth at new issues, such as employees' use of social media or the enforcement of human rights in the gig economy. Uniquely, the book considers the most important international Conventions that are relevant for the law in the UK, especially the European Convention on Human Rights, the European Social Charter, Conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union. A central question that each of the chapters addresses is whether UK employment law is compatible with human rights law. Each chapter discusses all the key cases drawn from various jurisdictions, including the Court of Justice of the European Union and the European Court of Human Rights. Written by a stellar team of authors, this textbook is an invaluable teaching aid for both postgraduate and undergraduate students studying employment law, human rights, human resource management, and industrial relations.


Structural Injustice and Workers' Rights

Structural Injustice and Workers' Rights

Author: Virginia Mantouvalou

Publisher: Oxford University Press

Published: 2023-03-14

Total Pages: 209

ISBN-13: 0192671391

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When discussing exploitation in workplaces, governments typically deploy a rhetoric of personal responsibility: they place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions that approach and develops the concept of 'state-mediated structural injustice at work': a phenomenon which manifests when legislation that has an appearance of legitimacy, in fact has very damaging effects for large numbers of people and results in structures of exploitation at work. Using a series of examples such as migrant workers, captive workers, people under welfare conditionality schemes, and other precarious workers, Mantouvalou shows how the law creates these structures of injustice, entrenching long-term, standard, and routine exploitation. She also assesses these examples against human rights principles, including civil, political, economic, and social rights. The ultimate aim of the work is to show that these structures routinely lead to workers' exploitation which may in turn give rise to state responsibility for human rights violations and to argue that there is a pressing need for reform.


Labour Law Utopias

Labour Law Utopias

Author: Nicolas Bueno

Publisher: Oxford University Press

Published: 2024-08-01

Total Pages: 289

ISBN-13: 0198889801

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Labour Law Utopias: Post-Growth & Post-Productive Work Approaches engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. Building on analysis of economic growth, as well as the limits of the logic of human productivity and competitivity for workers and the environment, it explores alternative approaches and what those will mean for work in general, and labour law in particular. The concept of 'post-growth' is used to rethink the purpose of the economy by looking beyond merely increasing wealth, consumption, and production, considering what this means for the position of work in society as well as the individual worker. The post-productive work approach is used to question the centrality of economically productive work and its regulation in labour laws. The chapters in this book take a progressive approach and discuss whether and how labour law can contribute to the emancipation of work from the constraints of growth and productivity by revisiting the value, organization, and impact of work. With these utopian ideas for labour law, the contributions in this book present inspirational 'dots on the horizon' that could guide the direction of changes in labour law as it navigates issues such as the implementation of digital and green solutions, the energy crisis, migration, rising inequality, and precariousness. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.


Social Policies and Public Action

Social Policies and Public Action

Author: Lavinia Bifulco

Publisher: Routledge

Published: 2016-12-01

Total Pages: 306

ISBN-13: 1317053613

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The concept of public action is a magnifying lens for shedding light on the plurality of institutional and social actors interacting in policies. Taking into account a changing social world that is redefining the State and its instruments, it is well suited for picking out transformations that have been affecting European social policies for some twenty years or so now: the territorial reorganization of powers; the spread of a public-private mix in the provision of services; the rise of new forms of collaborative governance; the institutionalization of the European agenda on social investment. This book examines social policies as normative and cognitive devices that contribute to organizing social life and are themselves moulded and redefined by it. The perspective of public action is located where it is possible to observe how these devices come into action, the powers and interests they help mobilize and the dynamics they generate. Policies thus appear as a tangle of rather diverse processes in which the erosion of the ‘social’ coexists with the emergence of innovative forms of social organization. Public action is the key tool that helps to deal with this tangle by posing the following questions. What vocabularies, significances and practices are set in motion by the ‘social’ today? What are the resources that fuel it? What powers are deployed in it?


Research Handbook on Labour, Business and Human Rights Law

Research Handbook on Labour, Business and Human Rights Law

Author: Janice R. Bellace

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 525

ISBN-13: 1786433117

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Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.


Research Handbook on Socio-Legal Studies of Medicine and Health

Research Handbook on Socio-Legal Studies of Medicine and Health

Author: Marie-Andrée Jacob

Publisher: Edward Elgar Publishing

Published: 2020-09-25

Total Pages: 480

ISBN-13: 1786437988

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This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health – a major challenge of our time.