Labour Law, the European Convention on Human Rights, and the States’ Positive Obligations

Abstract

Abstract All states that are signatories of the European Convention on Human Rights are subject to obligations to take positive steps to protect human rights in each jurisdiction. In order to assess whether a system of labour law protects Convention rights effectively, this chapter derives from the case law of the European Court of Human Rights a set of positive obligations that guide how human rights should be guaranteed and adjudicated at national level. Member states are subject to three key positive obligations that are relevant to labour law. Firstly, there is an obligation to extend any domestic right that enforces a fundamental right to all people, unless a restriction is justified under the Convention. In addition, national adjudicators must examine any interference with a Convention right seriously and assess whether it is justified in a manner that aligns with the European Court of Human Rights’ own case law. A victim of a human rights violation must also receive an effective remedy. Finally, this framework of positive obligations could be applied to any national system of labour rights to test the standard of protection that workers’ rights receive.