Provides a new perspective on the assessment of U.S. labour relations law by using human rights principles as standards for judgment. Presents recommendations for what should and can be done to bring U.S. labour law into conformity with international human rights standards.
As the world economy becomes increasingly integrated, companies can shift production to wherever wages are lowest and unions weakest. How can workers defend their rights in an era of mobile capital? With national governments forced to compete for foreign investment by rolling back legal protections for workers, fair trade advocates are enlisting consumers to put market pressure on companies to treat their workers fairly. In Beyond the Boycott, sociologist Gay Seidman asks whether this non-governmental approach can reverse the "race to the bottom" in global labor standards. Beyond the Boycott examines three campaigns in which activists successfully used the threat of a consumer boycott to pressure companies to accept voluntary codes of conduct and independent monitoring of work sites. The voluntary Sullivan Code required American corporations operating in apartheid-era South Africa to improve treatment of their workers; in India, the Rugmark inspection team provides 'social labels' for handknotted carpets made without child labor; and in Guatemala, COVERCO monitors conditions in factories producing clothing under contract for major American brands. Seidman compares these cases to explore the ingredients of successful campaigns, as well as the inherent limitations facing voluntary monitoring schemes. Despite activists' emphasis on educating individual consumers to support ethical companies, Seidman finds that, in practice, they have been most successful when they mobilized institutions—such as universities, churches, and shareholder organizations. Moreover, although activists tend to dismiss states' capabilities, all three cases involved governmental threats of trade sanctions against companies and countries with poor labor records. Finally, Seidman points to an intractable difficulty of independent workplace monitoring: since consumers rarely distinguish between monitoring schemes and labels, companies can hand pick monitoring organizations, selecting those with the lowest standards for working conditions and the least aggressive inspections. Transnational consumer movements can increase the bargaining power of the global workforce, Seidman argues, but they cannot replace national governments or local campaigns to expand the meaning of citizenship. As trade and capital move across borders in growing volume and with greater speed, civil society and human rights movements are also becoming more global. Highly original and thought-provoking, Beyond the Boycott vividly depicts the contemporary movement to humanize globalization—its present and its possible future. A Volume in the American Sociological Association's Rose Series in Sociology
Collection of papers on the proposition that workers' rights are human rights and how they relate to labour activism and advocacy in a market-driven global economy. Considers health and safety at the workplace, child labour, freedom of association, protection of migrant and forced labour, human rights from a corporate perspective, employment discrimination, etc., referring to the situation in the United States and other industrial countries, and elsewhere. Includes an ILO contribution, co-authored by Barbary Murray, entitled "Human rights of workers with disabilities".
Today, hazardous work kills 2.3 million people each year and injures millions more. Among the most compelling yet controversial forms of legal protection for workers is the right to refuse unsafe work. The rise of globalization, precarious work, neoliberal politics, attacks on unions, and the idea of individual employment rights have challenged the protection of occupational health and safety for workers worldwide. In Hazard or Hardship, Jeffrey Hilgert presents the protection of refusal rights as a moral and a human rights question. Hilgert finds that the protection of the right to refuse unsafe work, as constituted under international labor standards, is a failure and calls for a reexamination of worker health and safety policy from the ground up. The current model of protection follows an individual employment rights framework, which fails to protect workers against the inherent social inequalities within the employment relationship. To adequately protect the right to refuse as a human right, both in North America and around the world, Hilgert argues that a broader protection must be granted under a freedom of association framework. Hazard or Hardship will be a welcome resource for labor and environmental activists, trade union leaders, labor lawyers and labor law scholars, industrial relations experts, human rights advocates, public health professionals, and specialists in occupational safety and health.
Labour law has long been upheld by the ILO as an essential pillar of development and peace, within member States, as well as between States. This book offers valuable insight on the application of the ILO's international labour standards.
The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.
Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labor rights be implemented in a world in which national labor law is more and more at the mercy of international forces beyond its control? The contributors to this volume argue that international agreements and institutions are of central importance if labor rights are to be protected in a globalized economy, exploring some of the options that are open to governments, civil society, and the labor movement in the years ahead.
This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license