The European convention on human rights as a tool of protection of individual labour rights

Abstract

The thesis explores how individual labour rights have been referred to in the human rights jurisprudence of the European Court of Human Rights (ECtHR). The research in this paper is based on the analysis of 334 cases, considered by the Strasburg bodies in the last 43 years (from 1963 until September 2015). In particular the paper investigates the contributions of the ECtHR to the antidiscrimination protection in employment relations, employee s privacy protection, protection from unfair dismissal and to the occupational safety matters. The author traces the historical development of the legal positions of the ECtHR in respect of protection of employee s freedom of religion, expression and association. The thesis provides evidence of the applicability of the ECHR to the protection of both private and public employees and points out the positive obligations of the states, elaborated by the ECtHR in relevant case law. The research of the possible implications of the living character of the European Convention on Human rights for the protection of individual labour rights demonstrates its theoretical applicability for the protection of the right to fair wage and for the protection of employees from psychosocial risks at work. A specific consideration is paid to the analysis of the impact of the ECtHR s legal positions upon Russia and some other ex-soviet states.