The relationship between international law and European labour legislation and its impact on the development of international and European social law

This article draws on observations of how European Union law takes account of international worker protection instruments and the activities of international organizations to protect social rights to establish a typology of the links – often close but also very diverse – between European law and “international labour law” in the broad sense.     

Sexual orientation and the European Convention on Human Rights: What of the “L” in LGBT?

Abstract

The European Court of Human Rights (ECtHR) has long been celebrated for its role in advancing LGBT rights. This article adopts an intersectional feminist approach in order to critically examine the trajectory of the Court’s LGBT case-law from a gendered perspective. In doing so, it foregrounds the portrayal, experience and, indeed, invisibility of lesbian applicants. Adopting an intersectional approach that considers the gender dimension of sexual orientation claims provides a somewhat different perspective on the struggle for LGBT rights before the ECtHR and suggests that lesbian voices and experiences have been marginalized and excluded in the struggle for LGBT rights.     

Disability-policy models in European welfare regimes: comparing the distribution of social protection,labour-market integration and civil rights

This paper examines different models of disability policy in European welfare regimes on the basis of secondary data. OECD data measuring social protection and labour-market integration is complemented with an index which measures the outcomes of disability civil rights. Eurobarometer data is used to construct the index. The country modelling by cluster analysis indicates that an encompassing model of disability policy is mainly prevalent in Nordic countries. An activating and rehabilitating disability-policy model is predominant mainly in Central European countries, and there is evidence for a distinct Eastern European model characterized by relatively few guaranteed civil rights for disabled people. Furthermore, the Southern European model, which indicates a preference for social protection rather than activation and rehabilitation, includes countries which normally have diverse welfare traditions.     

The European Convention on Human Rights in the Constitutional System of Serbia and Montenegro

The paper explores the legal position of the European Convention on Human Rights in the constitutional system of Serbia and Montenegro. It casts some light on constitutional rules, international treaties and especially international treaties on human rights. The text exposes also constitutional rules on human rights. The issue of the European control over human rights in Kosovo and Metohija is raised. Attention is referred to the Resolution 1417 (2005) of the Parliamentary Assembly of the Council of Europe on protection of human rights in Kosovo.     

A. B. and C. versus Ireland

This article analyses some possible political implications of the case and the decision in A. B. and C. v. Ireland at the European Court of Human Rights. This case was heard in a public hearing on 9 December 2009; the judgment was provided in December 2010. I argue that the three applicants in this case employed a novel strategy, not previously considered, to access legal abortion in the Republic of Ireland. By highlighting the varied circumstances of unintended pregnancy in more than a single instance, the applicants utilized an offensive manoeuvre to which the government is unlikely to respond consistently over time. They exposed Irish governments' use of clandestine political negotiations in relation to European treaties, the questionable exertion of governments' authority to uphold political and moral agendas and racialized constructions of Irishness and national interests. The applicants also raised serious questions about state practices in the Republic of Ireland in relation to its legal obligation to uphold human rights under the European Convention. However, I argue that it is unlikely that this novel strategy and legal decision and their political implications are enough to adequately address the lack of access to legal abortion in the Republic of Ireland.     

Historical Heritage in Contemporary Polish Law Relating to Foreigners

The Polish diaspora living around the world is best described as an inheritance of the turbulent history of Poland. For decades, citizens of Polish origin from various states have been trying to maintain ties with their kin and country. During communist times, citizens of Eastern European countries (including the Soviet republics) could not enjoy free contacts across borders. Poland's accession to the European Union and Schengen area has created new barriers for third country nationals willing to come and stay in Poland. Therefore, any facilitation or exemption from visa requirements is very attractive for them. Legal instruments relating to foreigners which have recently been adopted in Poland affect the situation of Polish minorities and the rights of their members. The author reveals the historical roots of the legal solutions and indicates the specificity of Polish immigration law. First, she considers the historical background of the links between immigration law and minority rights, particularly in the area of economy, culture and education. She comes to the conclusion that well-constructed immigration provisions may be useful in filling gaps in the protection of minorities and that the new ways of acquisition of citizenship may to some extent compensate old harms and injustice.     

Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

Freedom of association and collective bargaining in the platform economy: A human rights-based approach and an ever-increasing mobilization of workers

This paper examines the exercise of the rights to freedom of association and collective bargaining by platform workers. It focuses on several significant developments involving the collective organization of platform workers worldwide, and considers the rights to freedom of association and collective bargaining as human rights. It contends that the shifting context of work has led to changes in modern workplaces, which, in turn, have generated a novel interest in the adoption of a human rights-based approach towards labour protection. This approach considers that all workers are entitled to rights, such as the right to collective bargaining, which derive from international human rights instruments.     

Rights discourses in relation to education of people with intellectual disability: towards an ethics of care that enables participation

In this paper we argue that human rights approaches for intellectually disabled people have failed to recognise the complexity of rights claims made by and on behalf of this group. Drawing on a research project into discourses of education for intellectually disabled people in the Eastern Cape, South Africa we discern three rights discourses; namely, rights to full participation, rights to special services and rights to protection. These draw off a social model, a medical model and a protective model, respectively. We note that these discourses may be set up in contestation with each other. However, we argue that they can be seen as complementary if viewed within an ethics of care that enables participation. Within this conceptualisation, participation is viewed within relations of care but is subject to a critique that examines the role of context and disciplinary power in constructing dependency.     

Balancing Autonomy Rights and Protection: Children’s Involvement in a Child Safety Online Project

Researchers who involve children in their research are faced with the challenge of choosing between differing theoretical approaches which can prioritise children’s autonomy rights or their ‘vulnerability’ and their need to be protected. Somewhat confusingly, ethical guidelines seem to reflect a combination of these approaches. Even when researchers have settled on their preferred approach, they may find that this then has to be modified in accordance with gatekeeper requirements. In the context of children’s involvement in a child safety online project, this paper highlights the difficulties encountered because of a tension between children’s autonomy rights, educational norms in a school setting and child protection concerns and considers whether an appropriate balance was achieved.     

Embracing the new disability rights paradigm: the importance of the Convention on the Rights of Persons with Disabilities

In 2008 the United Nations Convention on the Rights of Persons with Disabilities (CRPD) commenced operation. The CRPD has created a dynamic new disability rights paradigm that empowers disability people’s organizations and creates a new paradigm for disability scholars. This paper analyses the impact of the CRPD and provides practical guidance as to how this convention can be used to drive change. Prior to this convention, persons with disabilities were protected by a range of general human rights conventions. Despite receiving nominal protection under general human rights conventions, persons with disabilities have had many of their human rights denied to them. The CRPD goes further than merely re-stating rights. It creates a new rights discourse, empowers civil society and renders human rights more obtainable for person with disabilities than any time in history.     

Dealing with Migrants in the Central Mediterranean Route: A Legal Analysis of Recent Bilateral Agreements Between Italy and Libya

Dealing with the current flow of migrants flocking to the shores of southern European countries remains high on the international agenda. At the end of 2016, 276,957 migrants were waiting in Libya to cross the sea. Many of them were subject to human rights violations and abuses such as arbitrary detention, torture, unlawful killings, sexual exploitation and even slavery (IOM, 2017). The international response has been, so far, insufficient and new ideas and practices are urgently needed. After providing an overview of the legal framework and of the efforts carried out by the relevant international and regional organizations, this article focuses on recent treaties concluded between Italy and Libya, and argues that the new bilateral agreements represent an example of how States are responding to this challenge in an attempt to strike a balance between the need to strengthen the protection of migrants’ rights and the necessity to guarantee the security of national borders.     

The transformation of Industrial Citizenship in the course of European integration

The question of the social dimension of European integration has so far remained unsettled. While on the European level, the civil and political dimension of citizenship has been strengthened, the evolution of economic and social rights are unclear, contradictory—and still under-investigated. Our contribution applies citizenship as a central category of modernization theory to inquire into European integration. In particular, our focus is set on the analysis of Economic Citizenship as a specific category of civil rights in the case of Germany. We discuss these dynamics by drawing on the example of three policy fields which illustrate various levels of Economic Citizenship. In this article we are pursuing two goals: Firstly, we revise Marshall's modernization theory against the background of European integration. Secondly, we draw attention to the concept of Industrial Citizenship, which has so far been neglected as a source of further development. We argue that in the process of European integration, industrial rights develop through a double movement, meaning an individual extension of market-based rights complemented through national de-collectivization and—connected to this—a re-stratification of market correcting rights.     

Countering globalization and regionalization: is there a united front within Turkish labour and disadvantaged groups?

Turkey, situated in the periphery of Europe, is governed by anti-labour policies of the Justice and Development Party (AKP) Governments in the last 15 years. Embarking on a historical materialist perspective that draws concepts from Gramsci, this paper questions whether labour can come up with an alternative and form a united front vis-a-vis globalization and European Union membership. It then examines impediments behind the lack of a united front and a viable alternative. The analyses rely on empirical data generated through interviews conducted with trade unionists and representatives from civil society for struggles against patriarchy, environmental degradation, and human rights violations at two critical junctures in 2010 and 2017. This paper argues that labour and struggles within civil society contest neoliberal restructuring with two rival class strategies, namely Ha-vet (Turkish abbreviations for No to Capitalist Europe – Yes to Social Europe) and neomerchantilism, none of which stands as a viable alternative.     

Human rights through the paradigm changes of the social communication theories

Human rights (HR), from the perspective of interest and thematic selection, are recognized in the topics of the communication. In general, there is considered to be a positive relationship between the media and its function of mediation with citizenship in reference to the declared general principles since inception in 1948. With this approach, the paper deals with providing an updated reflection of that connection and its main difficulties, such as the crisis of credibility in the information in the context of the European Union and within the framework of the paradigm changes that has derived in the knowledge society of the so-called third environment. The precepts of those recognized as generations of HR survive in the informational stories, of which, due to their current relevance in recent decades, those related to migratory movements, inequality, and poverty stands out. Moreover, the paper explores and discusses how a new generation derived from the implementation and intervention of technology gets involved as an essential characteristic in the relations between the members of society.     

The making of European society: contesting methodological nationalism

The paper is concerned with the problem of “society” and in particular with the notion of “European society”. Rather than reject the possibility of society, it draws on theories of the social as networks. The thesis proposed is that the concept of society should rather be understood as a relational field of interconnections. It is argued that this is highly relevant to the analysis of Europe conceived of in terms of a society. This approach can be seen as an alternative to methodological nationalism. The paper applies a network conception of society to Europe with the emphasis on the nineteenth century. In this account, European society is not something that was produced by European integration. Rather than see European society as a recent development, it is argued that the field of tensions between capitalism and democracy constituted the major elements that shaped a European model of society.     

Democratising Migration from the Bottom Up: The Rise of the Global Migrant Rights Movement

Abstract

This paper discusses the link between international migration and democratisation from an actor-oriented perspective on the basis of the mobilising efforts by key civil society actors engaged in the promotion of the rights of migrant workers through developing strategies towards movement building and by capitalising on political opportunities that have appeared on the global level. Being pitched at the global level and at organising patterns via the network form, the analytical framework developed takes as its starting point global justice perspectives and then builds upon insights from social movement and constructivist International Relations scholarship. It is argued that what is emerging are (1) movement practices in migrant rights networks which are putting forward increasingly coherent claims that transcend the conventional thinking about global governance and human rights (rights-assuming advocacy); and (2) that such practices are effectively transgressing interstate political arenas (participatory, rights-producing politics). It is on the basis of the cooperation between the 2 main protagonists, trade unions and migrant rights associations, that strategic positioning of migrant rights issues within the global policy debate is taking place, with the aim of promoting a rights-based approach (RBA) to migration and its governance. The combination of rights-producing politics and rights-assuming advocacy is expressed in the RBA to migration which involves the reframing of migrants rights as well as attempts to democratise migration governance in participatory terms.     

Exploring school ethos: an investigation of children’s human rights in two secondary institutions in Hong Kong

From 2009 to 2011, the authors launched the Basic Law Education Project: Education for Human Rights and the Rule of Law in Hong Kong. This article focuses on a subset of the overarching data-set and discusses the findings that resulted from a comparative analysis of two participating schools. A survey was deployed to assess the extent to which a human rights friendly ethos existed in several institutions. Randomly selected students and all teachers from both schools were invited to participate. The collected data revealed noteworthy trends in mean scores between teachers and students in areas such as equal and fair treatment; protection of and appeal for rights; and feelings of being loved, respected, and blessed. School mission and leadership style appeared to account for significant differences. Additionally, we offer recommendations for practices that may improve human rights ethos in schools.     

Is there a European social work identity?

The aim of this paper is to examine whether at this point in time the notion of a ‘European social work identity’ can be sustained. The paper commences with some brief consideration of theories of identity, and particularly draws attention to social constructionist identity theory, highlighting its focus on identity as a process. Ideas about what constitutes ‘collective identity’ are then examined. From this, two particular models of collective identity are presented which are helpful for understanding cultural identities. These are the more ‘traditional’ notion of collective culture being evidenced by the presence of shared histories and traditions, and the more social constructionist view of collective processes and action to form identities – whether imposed by the state or generated by the people – as constitutive of identities in themselves. ‘European identity’, and then ‘European social work identity’, will then be examined using these models of collective identity. The paper concludes that using social constructionist versions of identity (identity as a process of collectivisation), European social work identity can certainly be established.     

The Immigrant Rights Struggle,and the Paradoxes of Radical Activism in Europe

This paper discusses one of the dilemmas inherent in social movement mobilizations: the lack of an aligned frame within a movement. It shows how the existence of a dominant and a subordinate faction (European activists and refugees) with different social and ideological identities within the immigrant rights mobilizations in Berlin led to the emergence of paradoxes, and became counterproductive. This had two consequences: first, a power structure emerged which privileged European activists over the very people they sought to empower. Second, some refugees began to adopt the European activists' framing of the issue as anti-colonial/capitalist, in spite of the fact that it contradicted their primary demands concerning permission to work and reside in Germany.