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E.V. Sychenko

Contribution of the European Court of Human Rights to Interpretation of Human Rights in the Sphere of Labor

2019. No. 5. P. 54–79 [issue contents]
The article examines the most important judgments of the European Court of HumanRights relating to the protection of labour rights. The author analyzed the cases wereconsidered in recent years under articles 3, 4, 8 and 11 of the European Convention onHuman Rights. In particular, the cases on the investigation of occupational accidents,prohibition of forced labor, protection of the private life of workers and of their right forfreedoms of expression and association are dealt with in the paper. Author positivelyevaluates that European Court on Human Rights has prepared a whole system of reviewing actions of the employer for a control over fulfilling by the employers theirs workingduties and functions (among control ways and means now it is possible to discover forexample videotaping, reviewing electronic post and phone talks, etc.) In present timesthe European Court on Human Rights looks at that control from the point of view of Article8 of the European Convention of Human Rights. The Court has formulated an opinionthat it has a sense for national judicial bodies follow the widened understanding of the Article in cases concerning issue of non-legitimate behavior of employers. Also majorityof the judges of European Court on Human Rights believe in necessity of the widenedunderstanding of such phenomena as forced labor and trade by human persons. Author issure that transplantation of that practice of the European Court at the Russian Federationsoil would turn to be quite useful for interests of most unprotected social strata/groups —that is, in particular, invalids, inner and foreign migrants. Object of author’s critic isoverall ban over railway strikes contradicting to norms of Article 11 of the Conventionas the European Court of Human Rights has claimed in the case Ognevenko vs. Russian Federation.
For citation: Sychenko E. V. (2019) Contribution of the European Court of Human Rights to interpretation of Human Rights in the Sphere of Labor. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 54–79 (in Russian) DOI: 10.17323/2072-8166.2019.5.54.79
Citation: Sychenko E. (2019) Vklad Evropeyskogo suda po pravam cheloveka v ponimanie prav cheloveka v sfere truda [Contribution of the European Court of Human Rights to Interpretation of Human Rights in the Sphere of Labor]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 54-79 (in Russian)
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