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


Book Description

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."




Rethinking Poverty


Book Description

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.




Research Handbook on International Law and Social Rights


Book Description

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.




Structural Injustice and Workers' Rights


Book Description

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.




Welfare to Work in Contemporary European Welfare States


Book Description

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.




Social Policies and Public Action


Book Description

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?




Labour Law Utopias


Book Description

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.




Inscribing Solidarity


Book Description

Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a multidisciplinary roster of scholars come together to examine the contributions – and challenges –implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.




Research Handbook on Labour, Business and Human Rights Law


Book Description

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.




The Balance between Worker Protection and Employer Powers


Book Description

This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).