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Antje von Ungern-Sternberg, Christian Walter - Transformation of Church and State Relations in Great Britain and Germany

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Antje von Ungern-Sternberg (ed.), Christian Walter (ed.)

Transformation of Church and State Relations in Great Britain and Germany

Series: Schriften zum Religionsrecht

Volume 4 2013

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Katharina Pabel SCOPE AND LIMITATIONS OF FREEDOM OF RELIGIOUS ASSOCIATIONS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS S. 159-172

„… perspective of the ECHR can only be derived from the fundamental rights it enshrines – especially the freedom …” „… persons can rely on the fundamental rights, especially on the freedom of religion.1 According to German …” „… Court implies the collective perspective of religious freedom in the individual right of religious …”

Ian Leigh BALANCING RELIGIOUS AUTONOMY AND OTHER HUMAN RIGHTS UNDER THE EUROPEAN CONVENTION S. 141-158

„… 18 of the ICCPR refers to the right of freedom of thought, conscience and religion, including …” „… exercising an individual right of freedom of religion or expression but this can be seen, on the other hand …” „… . No. 3798/68, (1968) 13 Year Book European Convention on Human Rights 306. See C. Evans, Freedom of …”

Hinnerk Wißmann THE GERMAN PERSPECTIVE S. 133-140

„… gave the individual freedom of conscience priority over the rights of the employer. Again, it is a …” „… right of the religious communities takes precedence over the freedom of religion of the individual …” „… freedom of religion in Article 4 of the constitution guarantees, according to the interpretation of the …”

Lucy Vickers RELIGIOUS DISPUTES REGARDING EMPLOYMENT IN GREAT BRITAIN S. 117-132

„… constitutionally guaranteed right to freedom of religion, as well as the presence of the established Church of …” „… , which protects freedom of religion under Article 9, and since 1998 the Human Rights Act which requires …” „… protecting the rights of religious adherents who work for religious organisations. During the paper …”

Titelei/Inhaltsverzeichnis S. 1-16

„… the ensuing questions are dealt with by the right to freedom of religion and the principle of …” „… freedom of religion 138 V. BALANCING RELIGIOUS AUTONOMY AND OTHER HUMAN RIGHTS UNDER THE EUROPEAN …” „… LIMITATIONS OF FREEDOM OF RELIGIOUS ASSOCIATIONS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS – Katharina …”

Gernot Sydow THE LEGAL STATUS OF MUSLIM COMMUNITIES IN GERMANY S. 241-250

„… only. The traditional view of the European Court of Human Rights was that freedom of religion is so …” „… law: a singe legal status which by itself confers a bundle of rights. However, the relevance of this …” „… sory system of legal recognition of religious communities. Religious communities have the right of …”

Peter Cumper THE PARTICIPATION OF RELIGIOUS COMMUNITIES IN PUBLIC LIFE – THE BRITISH EXPERIENCE S. 189-208

„… traditions do not, as of right, include humanists. See Report of the Special Rapporteur on freedom of …” „… protection for the right to freedom of religion in schools«, (2006) Education Law Journal 7(2), pp.102-115 …” „… publicly funded schools. 67 General Comment No. 22: »The right to freedom of thought, conscience and …”

Antje von Ungern-Sternberg PARTICIPATION OF RELIGIOUS COMMUNITIES IN PUBLIC LIFE – GREAT BRITAIN AND GERMANY S. 209-224

„… example parental rights or freedom of religion prohibiting religious indoctrination in school, but it can …” „… communities: They can freely exercise the right to spread their religious belief, granted by the freedom of …” „… was held by the European Court of Human Rights that the collective side of religious freedom also …”

Augur Pearce THE DEVELOPMENT OF CHURCH-STATE RELATIONS IN ENGLAND S. 17-84

„… Germany of autonomous churches and fundamental rights to which Weimar Constitution and Grundgesetz both …” „… of religious dissenters, both papalist and protestant. But royal attempts to extend religious freedom …” „… , above, 319. 46 The universality of religious rights and duties will be considered in the following …”

Mark Hill LEGAL PROTECTION IN ECCLESIASTICAL COURTS S. 91-106

„… , the right to respect for private and family life under Article 8, freedom of thought, conscience and …” „… Church of England of the Human Rights Act 1998’ (2000) 5 Ecc LJ 431; and M Hill, ‘A New Dawn for Freedom …” „… Rights declared inadmissible an application claiming that the consistory court breached Article 6 of the …”

Julian Rivers THE LEGAL STATUS OF MUSLIM COMMUNITIES IN ENGLISH LAW S. 225-240

„… . The idea of »status« in the sense of a distinctive bundle of related rights which may be enjoyed by …” „… contain representatives of all Jewish groups in order to promote and defend the rights of British Jews …” „… surprisingly, the enforcement organs of the European Convention on Human Rights managed to create space for a …”

Peter W. Edge AUTONOMY AND ESTABLISHED CHURCHES: THOUGHTS ON ENGLISH ESTABLISHMENT(S) IN THE TWENTY-FIRST CENTURY S. 173-188

„… soldiers by offering them freedom of religion; included religious liberty clauses in treaties with the …” „… about religious rights and liberties« in the work of the Founders.4 It is important to understand the …” „… Bill of Rights which quickly followed, did not reflect an indifference to religious issues, but rather …”

doi.org/10.5771/9783845243399

Jacques Colom, Stephanie Rohlfing-Dijoux , Götz Schulze - The 50th Anniversary of Mauritius

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Jacques Colom (ed.), Stephanie Rohlfing-Dijoux (ed.), Götz Schulze (ed.)

The 50th Anniversary of Mauritius

2019

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Charles Walleit The Perilous Balance between Legal Protection of Adults and their Fundamental Rights and Freedoms : A Comparative Study of the Rights of French and German Guardianship S. 403-416

„… The Perilous Balance between Legal Protection of Adults and their Fundamental Rights and Freedoms …” „… : A Comparative Study of the Rights of French and German Guardianship Charles Walleit Introduction The …” „… , political opinion or even disability1. The Declaration of human and citizen rights of 1789 (Déclaration des …”

Pierre Rosario Domingue Contribution of Law Reform Commission to the Strengthening of Constitutionalism in Mauritius S. 35-52

„… , protection of fundamental rights and freedoms, democratic accountability, existence of politically neutral …” „… system of freedom of expression : 11. By protecting right of access to information, whilst putting …” „… responsibilities. The right to freedom of expression is afforded constitutional protection by section 12 of the …”

Marie Rossier The challenges of European Constitutions regarding multicultural societies Le défi des Constitutions européennes face aux nouvelles sociétés multiculturelles S. 335-346

„… protected area, for instance religious freedom protects beliefs (forum internum) and the practice of …” „… infringement of the religious freedom, which can, however, be justified by other constitutional values, for …” „… restriction of the claimant's fundamental rights is justified by the legitimate objective to protect the …”

Didier Michel Socio-economic rights : useful ways of dealing with the aftermath of slavery S. 377-390

„… of fundamental rights and freedoms of the individuals’, embodied in chapter 240 of the constitution …” „… subject to respect for the rights and freedoms of others and for the public interest, each and all of the …” „… following human rights and fundamental freedoms - (a) the right of the individual to life, liberty, security …”

Mathilda Twomey, Joelle Barnes Seychelles’ Constitutionalism S. 263-284

„… independence contained a right to the freedom of expression. Mr. Sullivan was to test the limitation of that …” „… Court took the view that although Article 22 of the Charter of Fundamental Rights and Freedoms of the …” „… Constitution guaranteed the right to freedom of expression, the right was not absolute and is subject to …”

Christian Kohler Protecting fundamental rights in the European Union: Competing approaches by the European Court of Human Rights and the Court of Justice of the European Union S. 99-112

„… the Protection of Human Rights and Fundamental Freedoms3 of 4 November 1950 sets out a catalogue of …” „… the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result …” „… Rights and Fundamental Freedoms (…) and the case-law of the Court of Justice of the European Union and of …”

Götz Schulze The protection of judicial independence under German Constitution and EU Law S. 183-192

„… indirectly. Independence means freedom from instruction or direction, freedom of action and freedom of …” „… decision who will be placed on the list is an exclusive right of the Board of association representatives …” „… lack sufficient guarantees for the safeguarding of the athletes’ rights, even if the arbitrators are …”

Arvin Halkhoree The contribution of the Constitutional Judge to the Development of Mauritian Law S. 241-248

„… that a constitution concerned to protect the fundamental rights and freedoms of the individual should …” „… Provisions", vests the Supreme Court to rule on violations of the Bill of Rights set out in Chapter 2 of the …” „… , particularly with regard to fundamental freedoms of the individual and to a greater extent than more modern …”

Michael Eichberger Role and independence of the Federal Constitutional Court of Germany S. 169-174

„… , in particular whether the regular courts took account of the fundamental rights to the necessary …” „… violation of their own rights under the Constitution. Yet the most common type of proceedings before the …” „… constitutional complaint claiming that one of his or her fundamental rights has been violated by an act of public …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Rights and Freedoms : A Comparative Study of the Rights of French and German Guardianship 403 Charles …” „… rights reserved. No part of this publication may be reproduced or transmitted in any form or by any …” „… of powers, protection of fundamental rights and guarantee of a democratic electoral system… since …”

Didier Blanc La République de Maurice, du formel au substantiel : d’un modèle à l’autre S. 225-240

„… the European Convention for the Protection of Human Rights and Fundamental Freedoms ». D. Ramsewak …” „… rights and freedoms are concerned, the present Constitution draws inspiration from both English law and …” „… Influence of the European Convention on the Constitutional Law of Mauritius», European Human Rights Law …”

Vittiyaiye Teeroovengadum Constitutional Rights as a Pillar for sustainable administration of Justice. A Focus on Mauritius S. 319-334

„… Constitutional Rights as a Pillar for sustainable administration of Justice. A Focus on Mauritius …” „… of powers. The constitutional rights provide for a strong foundation for the proper management of the …” „… document of all times, it is the foundation of Individual’s rights against arbitrary authority. It marked …”

Stéphanie Rohling-Dijoux Constitutional Protection of Investments in Domestic, European Union and International Law La protection constitutionnelle des investissements en droit interne, en droit de l’Union européenne et en dr... S. 347-364

„… Declaration of Human and Civil Rights both ensure the protection of private property. Section 3 and 8 of the …” „… Fundamental Rights (2000/C 364/01) grants the right to own property. The definition of protected property in …” „… the sense of customary law encompasses all goods and chattels, all rights, titles and interests that …”

Aurélien Lortholary The hereditary reserve in comparative Franco-German International Private Law. S. 417-428

„… relationship between the deceased and his children and in Article 14 (1) on the guarantee of inheritance rights …” „… , marked by greater freedom to test and the anticipation of succession, now in force in France, have …” „… known that the European Court of Human Rights has always considered that any discrimination between …”

Varsha Mooneram Chadee Application of the Separation of Powers Mechanism in a Unicameral Framework: the Case of Mauritius L’application du mécanisme de séparation des pouvoirs dans un cadre monocaméral : le cas de l’Ile Mau... S. 69-80

„… rights and the review of some constitutional posts, some discussion is needed on its fundamentals. Our …” „… liberties and freedoms. The Separation of Powers in the Mauritian Constitution The Historical Context The …” „… that they are not acting in such ways as to put the rights of the citizens at jeopardy. In this …”

Rémi Barrué-Belou The Constitutional Revision Law Review - Comparative Approach Mauritius-France S. 365-376

„… Article 17 when it concerns fundamental rights or freedoms. The majority of the referral cases concern a …” „… to review the constitutionality of any act giving rise to the creation of rights. I A) The …” „… rights envisaged in Title 2 of the Constitution if no other more appropriate remedy is possible. Article …”

Yves Goguen L’interprétation constitutionnelle évolutive en contexte de décolonisation: le cas de la dépénalisation des relations sexuelles entre hommes S. 249-262

„… Charter of Rights and Freedoms, arrived at the conclusion that ‘sex’ includes sexual orientation. Section …” „… are guaranteed as Fundamental Rights under our Constitution are the dynamic and timeless rights of …” „… well as the formation of a democratic India, which guarantees fundamental rights to all its citizens38 …”

Milan Jn Meetarbhan Specific Features of the Mauritian Constitutional System S. 53-68

„… ultimate status of Mauritius”5, the Secretary of State for the Colonies, announced that “it was right that …” „… rights of all are respected; and iii. The unity of the diverse Mauritian Nation is maintained and …” „… communities has been criticised by the UN Human Rights Committee. In 2007, members of a political party whose …”

Jacques Colom Protection constitutionnelle égalitaire et non discriminatoire du droit à la santé à Maurice S. 81-98

„… PART II Prospects for the Adoption of Second- and Third-generation Fundamental Rights in Mauritius …” „… : Refusal of the Colonial Office, Comparative Approach on the Impact of such Rights Perspective de …” „… – Health Care Protection and Human Rights: Mauritius Although the Fundamental’s rights of the Constitution …”

Kerstin Peglow Constitutional requirements for the deployment of Germany’s Armed Forces S. 391-402

„… 1368 (2001) of 12 September 2001, expressly recognised the United States’ right to individual and …” „… Constitution protecting the right to life in con- 26 BVerfGE 132, 1 (16-17), n° 41 and 43, Decision of 3 July …” „… Constitutional requirements for the deployment of Germany’s Armed Forces Kerstin Peglow The …”

Jocelyn Chan Low Le développement constitutionnel dans les Etats du sud-ouest de l’Océan indien S. 291-306

„… Low L.J(2016.): A social democratic developmental state in an age of globalization’ in T. Kundo & T …” „… ”, in Journal of Modern African Studies, vol. 5, no. 2, 1997 et Sandbrook R (2005): Origins of the …” „… Democratic Developmental State: Interrogating Mauritius. Journal of African Studies / Revue Canadienne des …”

doi.org/10.5771/9783845296289

Dirk Ehlers, Henning Glaser - State and Religion

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Dirk Ehlers (ed.), Henning Glaser (ed.)

State and Religion

Series: CPG Series of Comparative Constitutional Law, Politics and Governance

Volume 5 2020

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Otto Depenheuer Human Rights and Freedom of Religion: Secular Statehood as a Condition for Religious Truth S. 101-120

„… Human Rights and Freedom of Religion: Secular Statehood as a Condition for Religious Truth Otto …” „… history of legally codified and state guaranteed human Human Rights and Freedom of Religion 103 rights is …” „… fundamental rights and democ‐ racy – the freedom of the individual of self-determination and collective …”

María Concepción Medina González Analysis of the Amendments to Articles 24 and 40 of the Political Constitution of the United Mexican States: Implications for Public Policies of Religious Diversity Management S. 181-206

„… time freedom of belief), 27 (right of property) and 130 (at the time Supremacy of State on Church …” „… ”, the introduction of the right to freedom of ethical convictions, right to freedom of conscience and …” „… right to freedom of religion. It makes clear that A. 181 this freedom includes the right to participate …”

Yijiang Zhong Yasukuni Shrine and the Politics of Religious Freedom in Contemporary Japan S. 535-562

„… separation and infringed upon the con‐ stitutionally guaranteed right to religious freedom of the plaintiffs …” „… protect the freedom and rights of citizens, also requires them to share the dominant conception and image …” „… for a widened definition of religion and religious freedom so that the right to religious freedom can …”

Dirk Ehlers The State and Religious Communities: Their Relationship and its Development in Germany S. 207-222

„… oldest guarantees of fun‐ damental rights. There is no general freedom without freedom of religion. This …” „… is why freedom of religion today is considered as a human right. It is not only guaranteed by …” „… ) and the European Convention for the Protection of Hu‐ man Rights and Fundamental Freedoms (Article 9 …”

Rodrigo Vitorino Souza Alves The Protection of the Existence and Identity of Religious Minorities Under the United Nations Legal Framework: Between the Group-Centered and Person-Centered Approaches S. 563-592

„… general comment on freedom of religion or belief (UN Human Rights Committee, CCPR General Comment No. 22 …” „… , including in relation to the right to freedom of religion or belief, and the right of persons to freely …” „… the protections offered by religious freedom rights. In spite of this, the enjoyment of minority …”

Robert Esser Should Criminal Law Protect Against Religious Defamation? Some Reflections on the Applicability of Sec. 166 of the German Criminal Code and the Current Situation in Germany S. 223-244

„… . Article 10 ECHR [Freedom of expression] (1) Everyone has the right to freedom of expression. This right …” „… of the right to freedom of expression (Art. 10 ECHR). Finally, the ECtHR held unanimously that there …” „… Human Rights held that Art. 175 of the Turkish Criminal Code (TCC) restricted the author’s freedom of …”

Javier Martínez-Torrón State and Religion in Spain S. 361-404

„… discrimination on the ground of religion (among others), and Article 16 recognizes the right to religious freedom …” „… rights and freedoms of others, according to international standards and to the doctrine of our Con …” „… ; Martínez-Torrón, “Limitations on Religious Freedom in the Case Law of the Euro‐ pean Court of Human Rights,” 2005 …”

René Pahud de Mortanges How Law Incorporates Religious Communities: A New Look on State-Religion Relationships Explained by Using the Example of Switzerland S. 245-264

„… point, we shall not only think of religious freedom, but also of other fundamental rights, such as the …” „… significant fundamental right is certainly the freedom of religion and conscience (art. 15 Cst.). This right …” „… name of religious freedom, are also protected by the state. Within the fundamental rights, the right to …”

Bart Labuschagne Religion and State: A Hegelian View on the Sources of Normative Order in Society S. 69-100

„… the broad sense as ‘right’) and state serve the purpose of the realization of human freedom. They …” „… freedom, which is at the same time human self-consciousness, becomes real. “[T]he system of right is the …” „… , independent from any worldview or religion. Democracy, human rights, the rule of law, all these concepts were …”

Slavica Banić Political Community and Religion in Croatia: Thorny Path Towards Partnership S. 331-360

„… of Croatia shall enjoy rights and freedoms, regardless of race, colour, gender, language, religion …” „… communities and the right to freedom of religion several times. Already in 1992, the Constitutional Court of …” „… a right not to work on Saturdays. Their right to freedom of religion is confirmed in the Labour Act …”

Wojciech Brzozowski Religious Neutrality and its Enemies: The Polish Experience S. 405-422

„… religious freedom of all per‐ sons is respected. The European Court of Human Rights reiterates that in …” „… European Court of Human Rights, have developed certain statements or phrases related to religious freedom …” „… freedom. It has to be noted that the Republic of Poland, being a member state of the Council of Europe and …”

Alessandro Ferrari Islam in Italy: A Religion Under Construction S. 265-298

„… sec‐ ularism3 and the subordination of the right to religious freedom to more ideological and …” „… European right to reli‐ gious freedom. On one side, these changes have brought to a crisis of reli‐ gious …” „… scenario, but also the rigidity and the distinctive political character of the right to religious freedom …”

Cheng-Tian Kuo Democratic Prophets and Priests During Taiwan’s Democratization S. 507-534

„… vast improvement in human rights that took Western democracies hundreds of years to achieve, such as …” „… and the Law on Assembly and Parade, which guaranteed Taiwanese the same freedom of association and …” „… . The increased freedom of associa‐ tion brought about the burgeoning of “new religions”, which combined …”

Li-ann Thio Cultivating Co-existence Through Control and Cooperation: ‘Secularism with a Soul’ and the Singapore Model of Regulating Religious Freedom and Maintaining Religious Harmony S. 453-476

„… Singapore Model of Regulating Religious Freedom and Maintaining Religious Harmony Li-ann Thio Introduction …” „… , supportive, cooperative or accommodative towards religion, will impact the scope of religious freedom. Where …” „… a constitutional order recog‐ nises a degree of legal pluralism as a facet of respecting the right …”

Karsten Fischer The Political Problem of Religious Liberality S. 121-156

„… domination from the standpoint of the idea of freedom whose only limitation stems from the fact that legal …” „… politics – understood as the citizens’ right to make autonomous decisions on questions of validity …” „… of freedom”.14 Naturally, the me‐ dieval annihilation of ancient Greece’s proto-liberal understanding …”

List of Contributors S. 593-597

„… professional experience in the field of human rights protection, rule of law, independence of judiciary and …” „… ”, attempting a diachronic comparison between the “European Model” of “religious freedom” and the recent …” „… legal systems, legal status of Islam in Europe, re‐ ligious liberty and human rights. Karsten Fischer …”

Andreas Follesdal Religion and the State: The ‘Lautsi’ Case of the European Court of Human Rights About Crucifixes in Italian Class Rooms S. 315-330

„… European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). A. 1 This article …” „… : the rights of the school authori‐ ties vs those of parents, or the teacher’s right to freedom of …” „… Religion and the State: The ‘Lautsi’ Case of the European Court of Human Rights About Crucifixes in …”

Henning Glaser Restructuring the Field: Religion, Political Order, Constitution S. 11-68

„… ultimately also refuses as a category of its own right in case of conflict.21 Notably, it is the axiomatic …” „… protestant creed as ethically superior to oth‐ ers as a provider of freedom. This point, however, is …” „… law, and protection of human rights should function against a religious and cul‐ tural background that …”

Ronojoy Sen Situating Indian Secularism and Hindu Nationalism S. 423-452

„… : religion and the individual (freedom of religion); the state and the individual (citizenship); the state …” „… is one where freedom of religion is guaranteed, all citizens are equal irrespective of their religion …” „… to individual freedom of religion while also empowering the state to intervene in Hindu religious …”

Preface S. 5-10

„… Labuschagne Human Rights and Freedom of Religion: Secular Statehood as a Condition for Religious Truth 101 …” „… the State: The ‘Lautsi’ Case of the European Court of Human Rights About Crucifixes in Italian Class …” „… the Singapore Model of Regulating Religious Freedom and Maintaining Religious Harmony 453 Li-ann Thio …”

Andre Laliberte The Legal-Formal Status of Religions in China S. 477-506

„… on human rights demonstrates, how‐ ever, the constitutional framework of China remains a work in …” „… Freedom Policy: The Art of Managing Religious Activ‐ ity,” 2005, pp. 894-915; Potter, “Belief in Control …” „… enforcement of rights by different local governments.29 A look at the formal-legal statements of the …”

Silvio Ferrari Law and Religion in Italy: A new Model of Civil Religion? S. 299-314

„… same time cultural, ethical and religious such mechanisms have difficulty in granting the freedom of …” „… Italy and is a sign of a system of values based on freedom, equality, human dignity, and religious …” „… Catholic symbols and values as the civil religion of the country. 11 In many cases the right of Muslims to …”

Johannes Zachhuber Religion and National Identity in Modern Western Societies: Theological Reflections on a Political Problem S. 157-180

„… personal freedom. Consequently, the traditional alignment of religion with national iden‐ tity must appear …” „… illustrate the public role of churches within civil society: the rise of the so-called ‘religious right’ as a …” „… rights and the end of life. 8 The need to preserve social cohesion in the face of impending ‘anomy’ has …”

doi.org/10.5771/9783748923923

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier - International and European Labour Law

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Edoardo Ales (ed.), Mark Bell (ed.), Olaf Deinert (ed.), Sophie Robin-Olivier (ed.)

International and European Labour Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Ségolène Barbou des Places Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers S. 800-806

„… Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the …” „… context of freedom of movement for workers I. Foreword …” „… facilitating the uniform application and enforcement of the mobility rights conferred upon EU workers by …”

Anne Trebilcock ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Convention 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and Convention 154 – Collective Bargaining Convention, 1981 (No. 154) S. 1492-1513

„… CHAPTER II NON EU LAW ILO Convention 87 Freedom of Association and Protection of the Right to …” „… Fundamental Rights of the European Union, 2000/C/364/01, OJEC 18 December 2000, Articles 12 (freedom of …” „… expression of collective action as well as individual rights in the context of change. How freedom of …”

Olaf Deinert Introduction: Collective Organisation and Action S. 1454-1457

„… collective bargaining. In 1948 Convention no. 87 on freedom of association and protection of the right to …” „… interest, including the right to strike. Since the Freedom of Association Committee of the ILO recognised …” „… in its interpretation the right to strike as a fundamental part of the freedom to bargain …”

Giovanni Orlandini Article 21 TFEU S. 26-41

„… the effect of the provisions on fundamental economic freedoms, the Court ruled that “the right to …” „… interpreted the norms of the Citizens Rights Directive that could justify limits to the freedom of movement …” „… . [2006] ECR I-6467 Article 21 TFEU 1. Every citizen of the Union shall have the right to move and reside …”

Daniel Ulber Article 28 CFREU Right of collective bargaining and action S. 1457-1492

„… expression of contractual freedom.3 However, fundamental rights of employers apply to collective agreements …” „… general freedom of association enshrined in Article 12 CFREU (i.e. the right to collective bargaining and …” „… restriction of one of the fundamental freedoms117 as long as the limits of these fundamental rights in terms …”

Teun Jaspers Article 5 RESC The right to organise S. 277-286

„… democratic society for the protection of the rights and freedoms of others or for the protection of public …” „… . Article 11 ECHR guarantees freedom of association explicitly including the right to form and to join trade …” „… contains different elements of the freedom of association. The right is assigned both to employees and to …”

Sylvaine Laulom Article 30 CFREU Protection in the event of unjustified dismissal S. 942-948

„… according to which ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has …” „… :2016:972. 28 On this Article, see the report of the European Union Agency for Fundamental Rights, Freedom …” „… social rights enjoy the same protection as economic freedoms? III. List of cases Date Case no Court …”

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier General Introduction

„… and related fields. – Workers’ Mobility: • freedom of movement; • rights of migrant workers; • private …” „… rights and fundamental freedoms, and the rule of law. The reform of this initial Treaty with the Lisbon …” „… for human dignity, freedom, democracy, equality, the rule of law and respect for human rights …”

Paola Saracini Article 54 CFREU Prohibition of abuse of rights S. 248-253

„… activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in …” „… of the rights and freedoms provided for therein. In particular, this article codifies the prohibition …” „… a way as to prevent or limit the exercise of rights and freedoms. In the space allowed, this …”

Massimiliano Delfino Article 52 CFREU Scope and interpretation of rights and principles S. 239-244

„… rights and freedoms recognised by this Charter must be provided for by law and respect the essence of …” „… those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if …” „… need to protect the rights and freedoms of others. 25 See comment on Art 52 in this book. Chapter II …”

Adam Sagan Article 11 ECHR Freedom of assembly and association S. 1513-1534

„… has the right to freedom of peaceful assembly and to freedom of association with others, including the …” „… crime, for the protection of health or morals or for the protection of the rights and freedoms of others …” „… right to be ‘indispensable for the practical enjoyment of trade union freedom’.106 The right of trade …”

Adalberto Perulli The Declaration of Philadelphia (DoP) S. 361-375

„… , with a new Bill of Rights, to be based on social rights, rather than political freedoms3. The value of …” „… universally acknowledged human rights, known as “core labour standards”: (a) freedom of association and …” „… prejudiced23”. The right to freedom of association had, indeed, already been affirmed in the 1919 …”

Giovanni Orlandini Article 45 TFEU S. 41-66

„… exercise of rights conferred on workers in the context of freedom of movement for workers [2014] OJ L128/8 …” „… the right to freedom of movement for workers and who has been employed in a Member State other than …” „… right to be compensated in case of voluntary resignation from employment, does not violate the freedom …”

Paola Saracini Article 53 CFREU Level of protection S. 244-248

„… Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States …” „… of human rights and fundamental freedoms offered by Union law, national constitutions and …” „… human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party …”

Massimo Pallini Article 62 TFEU S. 77-94

„… information does not involve the exercise of the right of establishment but only that of freedom of movement …” „… a fair balance between the freedom to provide services and the protection of workers’ rights” and …” „… ’ Regulation on the Exercise of the Right to Take Collective Action within the Context of the Freedom of …”

Giovanni Orlandini Article 48 TFEU S. 69-76

„… protect social security rights of workers exercising the freedom of movement within the EU. A freedom as …” „… freedom of movement for workers implies that they can retain their right to the social security benefit in …” „… , adopt such measures in the field of social security as are necessary to provide freedom of movement for …”

Edoardo Ales Article 29 CFREU Right of access to placement services S. 195-200

„… the legal classification of “the right to engage in work” as a freedom right has to be coordinated …” „… CHAPTER II CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION Article 5 CFREU Prohibition of …” „… Freedom to choose an occupation and right to engage in work 1. Everyone has the right to engage in work …”

David Fennelly International Convention on the Elimination of All Forms of Racial Discrimination: Articles 1, 2 and 5 (ICERD) S. 444-449

„… individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial …” „… nullification of the equal enjoyment of human rights and fundamental freedoms. Race is broadly defined for this …” „… of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the …”

Edoardo Ales, Mark Bell Fundamental Provisions: Introduction S. 1-7

„… Conventions on these topics. These fundamental rights concern: ‘(a) freedom of association and the effective …” „… movement of workers.4 Workers are also affected by the other economic freedoms, especially the freedom of …” „… establishment and the freedom to provide services within the internal market. The most vivid illustration of the …”

Ségolène Barbou des Places Regulation (EU) 492/2011 on freedom of movement for workers within the Union S. 785-800

„… policies at Community level. II. The mobility rights granted to European workers Since 1968, freedom of …” „… the ECJ has stressed that regulation 1612/68 was adopted on the ground that the right of freedom of …” „… facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers I …”

David Fennelly International Covenant on Civil and Political Rights: Article 26 (ICCPR) S. 433-438

„… ); the right to a fair trial (Article 14); the right to privacy (Article 17); freedom of thought …” „… their jurisdiction the rights recognised in the Covenant – such as the right to life, freedom of torture …” „… conduct of the State parties in the recognition of the Covenant’s other rights and freedoms or to the …”

Giovanni Orlandini Article 46 TFEU S. 66-68

„… required to bring about freedom of movement for workers, as defined in Article 45, in particular: (a) by …” „… the measures needed to carry out the freedom of movement for workers, provided for by Article 45 TFEU …” „… exercise of this freedom and not of restraining its content,1 given that they do not have the power to …”

Sylvaine Laulom Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies S. 981-996

„… freedom of establishment, interpreted in the light of Article 16 of the Charter of Fundamental Rights of …” „… to the freedom to conduct a business enshrined in the Charter of Fundamental Rights of the European …” „… national context. Is this balancing exercise between social rights and freedoms of internal market that the …”

Elaine Dewhurst Introduction: Labour Rights of Third-Country National Workers in the European Union S. 806-840

„… protection of the right to freedom of association and associated rights. What is meant by equal treatment as …” „… examination.61 In addition, the Directive protects the right of freedom of association and affiliation and …” „… provides for limitations of freedom of association and related protected rights which are considered to be …”

Olaf Deinert Introduction: Working Conditions S. 934-937

„… her religious expression.7 From article 10 derives a right to freedom of expression also at the …” „… Protection of Human Rights and Fundamental Freedoms (ECHR)4 and the Council of Europe Convention for the …” „… of Human Rights and Fundamental Freedoms, 5 November 1950, CETS No 5, as amended by Protocols No 11 …”

Marie-Ange Moreau ILO Convention 29 Forced Labour Convention, 1930 (No. 29) S. 1049-1073

„… Conventions or not. These categories are: freedom of association and the effective recognition of the right to …” „… human rights and freedom. The different legal sources contribute to the clarification of the definition …” „… administrative, suppression of rights, freedom of movement, wages etc. is included. Even the risk of dismissal is …”

Achim Seifert ILO Convention 144 Tripartite Consultations, 1976 (No. 144) S. 391-403

„… particular the Freedom of Association and Protection of the Right to Organise Convention, 1948, the Right to …” „… concept of Tripartism and social dialogue in the Member States and protecting the right to freedom of …” „… Freedom of Association and Protection of the Right to Organise (1948) and Convention No 98 concerning the …”

Marta Otto Article 8 CFREU Protection of personal data S. 937-942

„… Protection of Human Rights and Fundamental Freedoms (ECHR)4 and the Council of Europe Convention for the …” „… of Human Rights and Fundamental Freedoms, 5 November 1950, CETS No 5, as amended by Protocols No 11 …” „… (ECtHR, 12 January 2016) para 45; Canadian Charter of Rights and Freedoms RSC 1985 c H-6 and the relevant …”

Ellen Birkhahn, Ulla Gläßer Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters S. 1650-1678

„… with fundamental freedoms 7 Introduction 9 – EU Charter of Fundamental Rights 7 Introduction 10 et seq …” „… . – Freedom of association and related rights 3 III Introduction 25 – limitations on labour protection 3 III …” „… treatment 3 III Introduction 40 – freedom of association and related rights 3 III Introduction 40 …”

Marta Otto Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR) S. 958-981

„… rights and freedoms of natural persons and in particular their right to the protection of personal data …” „… : to protect the fundamental rights and freedoms of natural persons (in particular their right to the …” „… safeguard the rights and freedoms of the data subject (‘storage limitation’); (f) processed in a manner that …”

David Fennelly Convention on the Elimination of All Forms of Discrimination against Women: Articles 1, 2, 3, 4 and 11 (CEDAW) S. 449-455

„… application of the more general right to freedom of peaceful assembly and association in Article 5(d)(ix …” „… rights and freedoms is in general and open-ended terms, with no specific list of rights and freedoms to …” „… ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with …”

Anna Lawson United Nations Convention on the Rights of Persons with Disabilities (CRPD) S. 455-461

„… ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with …” „… , on an equal basis with others, of all human rights and fundamental freedoms in the political …” „… human rights and fundamental freedoms; (…) The definition of ‘discrimination on the basis of disability …”

Edoardo Ales ILO Convention 187 Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) S. 1437-1454

„… effect of recognition of the right of collective bargaining. In 1948 Convention no. 87 on freedom of …” „… the Freedom of Association Committee of the ILO recognised in its interpretation the right to strike …” „… securing a safe and healthy working environment through a system of defined rights, responsibilities and …”

Alexandre Defossez Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 643-664

„… completely right in imposing a work permit. Dealing with the case on the sole basis of freedom to provide …” „… general and the freedom to provide services. In truth, this tension dates back to the early days of EU …” „… services encompasses the right to use your own workforce and not being refrained of doing so by national …”

Jeff Kenner Article 9 TFEU S. 13-21

„… the Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy …” „… the potential impacts of a trade-related initiative on human rights in both the EU and the partner …” „… In the list of key human rights’ instruments that must be considered in assessing the impact of trade …”

Article 59 TFEU S. 76-77

„… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… the provisions of the Chapter relating to the right of establishment, the person providing a service …”

Myriam Benlolo Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States S. 692-713

„… legislative instruments concerning freedom of movement and residence, or restrictions on these rights on …” „… in the host Member State and has not made use of the right to freedom of movement cannot, for that …” „… Myriam Benlolo Carabot 697 13 14 vention for the protection of Human rights and fundamental freedoms …”

Jeff Kenner Article 151 TFEU S. 143-150

„… contrary to Article 49 TFEU, on the right of establishment, in Viking, and Article 56 TFEU, on the freedom …” „… in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their …” „… fundamental social rights, sourced from the twin social charters of the Union and the Council of Europe, but …”

Anna Alaimo Pre. Articles 101–106 TFEU S. 94-97

„… Chapter IV of the Charter of Fundamental Rights of the EU4. The same “Freedom to conduct a business, as …” „… Constitutional Treaty, “The Union shall offer its citizens an area of freedom, security and justice without …” „… provisions of EU primary law (EU Treaties and Charter of Fundamental Rights of the EU) testifying to the …”

Mark Bell Article 14 ECHR Prohibition of discrimination S. 461-466

„… Article 14 ECHR Prohibition of discrimination The enjoyment of the rights and freedoms set forth in …” „… the European Court of Human Rights (ECtHR). Moreover, few of the early cases relating to Article 14 …” „… be distinguished from the other substantive rights guaranteed by the Convention because of its scope …”

Anna Alaimo Article 106 TFEU S. 111-117

„… legal monopoly and/or has granted of exclusive rights is not as such incompatible with Articles 102 and …” „… only. A legal definition of special or exclusive rights is neither found in this Article nor in other …” „… (…)”. Similarly, according to the Court’s case-law, special right within the meaning of Article 106 are those …”

Mark Bell Article 21 CFREU Non-discrimination S. 203-209

„… Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said …” „… rights and freedoms recognised by this Charter must be provided for by law and respect the essence of …” „… those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if …”

Titelei/Inhaltsverzeichnis

„… of rights conferred on workers in the context of freedom of movement for workers . . . . . Directive …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 28 CFREU 1457 CHAPTER II NON EU LAW Freedom of Association and Protection of the Right to Organise …” „… copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically …”

Mark Bell Equality: Introduction S. 431-433

„… ); the right to a fair trial (Article 14); the right to privacy (Article 17); freedom of thought …” „… are also situated in a broader field of human rights law. A symbol of this trend can be found in …” „… Inclusion. The human rights dimension to equality means that sources of law can be found not only in …”

Marco Peruzzi Article 175 TFEU S. 188-195

„… the freedom to seek employment, to work, to exercise the right of establishment and to provide …” „… Treaty on the Functioning of the European Union Art. 174, 175 TFEU Marco Peruzzi 189 1 Rights (art 36 …” „… European Pillar of Social Rights’, COM(2017) 250 final, Brussels, 26.4.2017, which highlights the need to …”

Elaine Dewhurst Article 19 RESC The right of migrant workers and their families to protection and assistance S. 313-316

„… prescribed by law and be necessary in a democratic society for the protection of the rights and freedoms of …” „… . Part I, paragraph 18 of the RESC, provides for a justification of restrictions on the rights protected …” „… International Federation of Human Rights League v France 20 October 2009 Complaint No. 47/2008 ECSR Defence of …”

Massimiliano Delfino Article 51 CFREU Field of application S. 234-239

„… , while the problem of how to balance that right with the fundamental freedoms remains unsolved. In this …” „… interpretation of rights and principles 1. Any limitation on the exercise of the rights and freedoms recognised …” „… by this Charter must be provided for by law and respect the essence of those rights and freedoms …”

A.C.L. Davies ILO Convention 181 Private Employment Agencies Convention, 1997 (No. 181) S. 911-916

„… referred to in Article 1 are not denied the right to freedom of association and the right to bargain …” „… ’ fundamental rights, as defined in the ILO Declaration, of freedom of association, equal treatment and …” „… Conventions. The accompanying Recommendation is much more detailed than the Convention in terms of the rights …”

Edoardo Ales Article 5 CFREU Prohibition of slavery and forced labour S. 195

„… CHAPTER II CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION Article 5 CFREU Prohibition of …” „… Freedom to choose an occupation and right to engage in work 1. Everyone has the right to engage in work …” „… and to pursue a freely chosen or accepted occupation. 2. Every citizen of the Union has the freedom to …”

Edoardo Ales Article 15 CFREU Freedom to choose an occupation and right to engage in work S. 195

„… CHAPTER II CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION Article 5 CFREU Prohibition of …” „… Freedom to choose an occupation and right to engage in work 1. Everyone has the right to engage in work …” „… and to pursue a freely chosen or accepted occupation. 2. Every citizen of the Union has the freedom to …”

Article 60 TFEU S. 77

„… , Bücker, Andreas and Dorssemont, Filip, ‘Balancing Fundamental Social Rights and Economic Freedoms: Can …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 V. Searching a new (socially fair) balance between free movement of services and social rights …” „… to those services which directly affect production costs or the liberalisation of which helps to …”

Article 61 TFEU S. 77

„… , Bücker, Andreas and Dorssemont, Filip, ‘Balancing Fundamental Social Rights and Economic Freedoms: Can …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 V. Searching a new (socially fair) balance between free movement of services and social rights …” „… to those services which directly affect production costs or the liberalisation of which helps to …”

Mark Bell Introduction S. 641-643

„… legislation on the right of EU citizens to move within the Union (whether for work or other reasons). It is …” „… Treaty on the Functioning of the European Union (TFEU) includes the right to free movement for EU …” „… . Finally, it should be noted that the European Social Charter also contains provisions on the rights of …”

Iacopo Senatori Directive 2005/56/EC on cross-border mergers of limited liability companies, Art 16 – Employee participation S. 1592-1601

„… member with the same rights and obligations as the members representing the members of the cooperative …” „… , including the right to vote. Directive 2005/56/EC on cross-border mergers of limited liability companies …” „… merger and their involvement in the definition of such rights shall be regulated by the Member States …”

Antonio Riefoli ILO Convention 189 Domestic Workers Convention, 2011 (No. 189) S. 916-934

„… the fundamental principles and rights at work, namely: (a) freedom of association and the effective …” „… domestic workers enjoy freedom of association and the effective recognition of the right to collective …” „… respect of domestic workers’ fundamental principles and rights at work (freedom of association and …”

Tzehainesh Teklè ILO Convention 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) S. 612-630

„… Constitution as amended which embodies the concept of freedom from discrimination and the right to dignity”.28 …” „… Rights at Work in light of the ILO Declaration on Social Justice for a Fair Globalization, 2008 …” „… , ‘Equality of opportunity and treatment in employment and occupation’, in Fundamental Rights at Work and …”

Anna Alaimo Article 101 TFEU S. 97-107

„… cases (the Laval quartet of 2007-200811) regarding the balance between economic and fundamental freedoms …” „… of the internal market (freedom of movement/establishment/provide services) and fundamental social …” „… rights (right to collective bargaining and collective action). The different outcome of the latest cases …”

Sylvaine Laulom Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights S. 996-1012

„… the Member States relating to the safeguarding of employees’ rights in the event of transfers of …” „… of employer, in particular to ensure that their rights are safeguarded’. The main objective of the …” „… Directive is to protect the employment rights of employees where the ownership of an undertaking changes. To …”

Maria Teresa Carinci ILO Convention 158 Termination of Employment Convention, 1982 (No. 158) S. 1149-1165

„… Convention n° 29, 1930; Freedom of association and Protection of the Right to Organise Convention n° 87, 1948 …” „… ) freedom of association and the effective recognition of the right to collective bargaining; 2) the …” „… alleging non-observance by France of the Freedom of association and Protection of the Right to Organise …”

Henner Gött Article 6 RESC The right to bargain collectively S. 286-297

„… Bargaining Convention, 1981 (No. 154). To what extent the right is included in the Freedom of Association and …” „… enumerated in Art. G RESC, i.e. the protection of the rights and freedoms of others or for the protection of …” „… Article 6 RESC The right to bargain collectively With a view to ensuring the effective exercise of …”

Teun Jaspers Article 29 RESC The right to information and consultation in collective redundancy procedures S. 354-361

„… collective redundancy procedures With a view to ensuring the effective exercise of the right of workers to be …” „… of the European Committee of Social Rights; – decisions by the European Committee of Social Rights on …” „… 29 is related to articles dealing with the right of workers or their representatives to be informed …”

Ryszard Cholewinski ILO Conventions 97 and 143 Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) S. 848-868

„… 2014) 259-281; United Nations, Committee on Migrant Workers, General comment No. 2 on the rights of …” „… globalization a human face, General survey on the fundamental Conventions concerning rights at work in light of …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Article 1: Basic human rights of all migrant workers …”

Valérie Michel Directive 2005/36/EC on the recognition of professional qualifications S. 713-785

„… individual right of Union citizens to move and reside freely within the territory of the Member States and of …” „… the derived rights enjoyed by those citizens’ family members who are not nationals of a Member State …” „… the Council on the application of Directive 2004/38/EC on the right of citizens of the Union and their …”

Alexandre Defossez Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 677-692

„… ; (c) fundamental rights and freedoms of defendants and legal principles that apply to them as laid …” „… . Finally, the fourth ground of refusal if “fundamental rights and freedoms of defendants and legal …” „… legislative instruments concerning freedom of movement and residence, or restrictions on these rights on …”

Eugenia Caracciolo di Torella ILO Convention 156 Workers with Family Responsibilities Convention, 1981 (No. 156) S. 1142-1149

„… Convention n° 29, 1930; Freedom of association and Protection of the Right to Organise Convention n° 87, 1948 …” „… facilitate all workers’ access to decent and productive work, in conditions of freedom, equity, security and …” „… example in Africa) informal codes of good practice have emerged although legal rights are rare. The …”

Erika Kovács, Franz Marhold Article 2 RESC The right to just conditions of work S. 255-264

„… part of the social right to work i.e. a right that to be realised needs the activation, through …” „… rehabilitation. This is a further important part of the social right to work in the meaning already clarified in …” „… just conditions of work With a view to ensuring the effective exercise of the right to just conditions …”

Silvia Borelli Article 33 CFREU Family and professional life S. 225-234

„… ) 2014/54 on measures facilitating the exercise of rights conferred on workers in the context of freedom of …” „… maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a …” „… [1998] ECR I-3739, para 42. Chapter II Charter of Fundamental Rights of the European Union Art. 33 …”

Emmanuelle Mazuyer Article 4 RESC The right to a fair remuneration S. 272-277

„… the effective exercise of the right to a fair remuneration, the Parties undertake: 1. to recognise the …” „… right of workers to a remuneration such as will give them and their families a decent standard of living …” „… ; 2. to recognise the right of workers to an increased rate of remuneration for overtime work, subject …”

Giovanni Orlandini Article 47 TFEU S. 68-69

„… of intervention that the European legislator should adopt to give full implementation to the freedom …” „… , adopt such measures in the field of social security as are necessary to provide freedom of movement for …” „… workers and their dependants: (a) aggregation, for the purpose of acquiring and retaining the right to …”

Vania Brino ILO Convention 168 Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) S. 427-431

„… the right to social security, drawing up a series of Conventions and Recommendations providing …” „… outlining the legislative contents of the right to social security beginning with the assumption that …” „… “social security is a human right and all people, regardless of where they live, should be guaranteed at …”

Anna Alaimo Article 102 TFEU S. 107-111

„… right to carry out at compulsory standard rates the loading and unloading of goods was awarded to a …” „… dock-work undertaking formed solely of national dock workers. In the second7, the right to supply temporary …” „… employment agency enjoying exclusive rights in respect of employment procurement. The national court asked …”

Pascale Lorber Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community S. 1551-1567

„… right to elect, appoint, recommend or oppose the appointment of a number of members of the …” „… transfer of undertakings (the Acquired Rights Directive).2 While it was essential to speak to and exchange …” „… approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of …”

Massimo Pallini Article 56 TFEU S. 76

„… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… the provisions of the Chapter relating to the right of establishment, the person providing a service …”

Article 57 TFEU S. 76

„… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… the provisions of the Chapter relating to the right of establishment, the person providing a service …”

Article 58 TFEU S. 76

„… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… the provisions of the Chapter relating to the right of establishment, the person providing a service …”

Daniel Ulber ILO Convention 94 Labour Clauses (Public Contracts) Convention, 1949 (No. 94) S. 840-848

„… servants who are employed in the context of the PPP do not gain more rights than they have against their …” „… contractual freedom because of the government’s legitimate interest in protecting the system of collective …” „… this kind of regulation as an unjustified limitation of the freedom to provide services (Article 56 …”

Edoardo Ales Article 153 TFEU S. 155-165

„… not affect the right of Member States to define the fundamental principles of their social security …” „… Treaties. 5. The provisions of this Article shall not apply to pay, the right of association, the right to …” „… Social Committee; – the exclusion from those fields of pay, the right of association, the right to strike …”

Naj Ghosheh, Martine Humblet, Valerio De Stefano Maritime Labour Convention, 2006 (MLC, 2006) S. 1179-1200

„… this Convention, the fundamental rights to: (a) freedom of association and the effective recognition of …” „… Conventions, in particular: – the Forced Labour Convention, 1930 (No. 29); – the Freedom of Association and …” „… Protection of the Right to Organise Convention, 1948 (No. 87); – the Right to Organise and Collective …”

Claire La Hovary ILO Convention 95 The Protection of Wages Convention, 1949 (No. 95) S. 1093-1106

„… the preceding paragraph, exercise the right of denunciation provided for in this Article, will be …” „… five main elements: (i) the form and method of wage payment; (ii) the freedom of workers to dispose of …” „… subsequent annual reports any categories of persons in respect of which it renounces the right to have …”

Siska Dubbert, Franz Christian Ebert ILO Convention 150 Labour Administration Convention, 1978 (No.150) S. 403-427

„… guaranteeing rights of association, organisation and collective bargaining--and particularly the Freedom of …” „… Preamble refers specifically to the Freedom of Association and Protection of the Right to Organise …” „… Committee of Experts include: the Freedom of Association and Protection of the Right to Organise Convention …”

Olaf Deinert Introduction: Dispute Resolution S. 1636-1637

„… an effective remedy against violations of the freedoms and rights according to European Union law …” „… to direct enforcement of labour rights.2 There are only some benchmarks for the quality and goals of …” „… supervision by the European Court of Human Rights. Some benchmarks for tribunal procedures, including labour …”

Maurizio Del Conte, Elena Gramano ILO Convention 88 Employment Service Convention, 1948 (No. 88) S. 375-383

„… adopted concurrently with the Freedom of Association and Protection of the Right to Organise Convention …” „… the concrete realization of the right to work, as set out in Article 23, paragraph 1, of the Universal …” „… Declaration of Human Rights, adopted in December 1948.9 The right to work is further underlined by article 6 …”

Edoardo Ales Article 1 RESC The right to work S. 253-255

„… ensuring the effective exercise of the right to work, the Parties undertake: 1 to accept as one of their …” „… employment as possible, with a view to the attainment of full employment; 2 to protect effectively the right …” „… Parties) have committed themselves to ensure the effective exercise of that right. For this purpose, they …”

Tzehainesh Teklè ILO Convention 100 Equal Remuneration Convention, 1951 (No. 100) S. 602-612

„… : Sandra Fredman, The Right to Equal Pay for Work of Equal Value, Background Paper for the Working Group on …” „… on the Fundamental Conventions concerning Rights at Work in light of the ILO Declaration on Social …” „… , irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual …”

Mark Bell Article 20 RESC The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex S. 316-319

„… protection and rights guaranteed to all other workers”23. Therefore, it is clear that the protection of equal …” „… Article 20 RESC The right to equal opportunities and equal treatment in matters of employment and …” „… right to equal opportunities and equal treatment in matters of employment and occupation without …”

Andreas Bücker Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship S. 948-958

„… movement of personal data. 2. This Regulation protects fundamental rights and freedoms of natural persons …” „… enjoy the same protection as economic freedoms? III. List of cases Date Case no Court Parties ECLI …” „… Fundamental Social Rights of Workers,3 since the Community Charter provides under no. 9 that the conditions of …”

Elaine Dewhurst Article 18 RESC The right to engage in a gainful occupation in the territory of other Parties S. 310-313

„… and be necessary in a democratic society for the protection of the rights and freedoms of others or …” „… available where it is breached.14 The European Court of Human Rights has found denial of reasonable …” „… . 81/12 ESCR European Action of the Disabled (AEH) v France Article 18 RESC The right to engage in a …”

A.C.L. Davies ILO Convention 177 Home Work Convention, 1996 (No. 177) S. 909-911

„… with certain characteristics, rather than laying down a set of rights to be afforded to home workers …” „… ) the homeworkers’ right to establish or join organizations of their own choosing and to participate in …” „… the rights it envisages being afforded to home workers. In some respects, it continues the approach of …”

Etienne Pataut Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) – Articles 8 and 9 S. 664-674

„… , Article 3 of the Regulation allows for a broad freedom of choice. The parties are therefore free to choose …” „… contracts. It is widely accepted that for contracts involving a weaker party, freedom of choice of the …” „… aimed at protecting the weaker party – consumer or employee – from an abuse of the freedom of contract …”

Article 4 ECHR Prohibition of slavery and forced labour Edoardo Ales S. 1200-1203

„… developed by the European Court of Human Rights on Article 4.2 In fact, the Court has adopted a notion of …” „… the exercise of “a genuine right of legal ownership”, thus being the person concerned reduced “to the …” „… status of object”. However, both the “genuine right of legal ownership” and the “the status of object …”

Mark Bell Article 20 CFREU Equality before the law S. 200-203

„… The fact that Article 15(2) refers to the “right of establishment and to provide services” does …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Relationship to other provisions of the Charter of Fundamental Rights . . . . . . 3 III. Scope …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 I. Foreword The explanatory notes accompanying the Charter of Fundamental Rights provide the …”

Vania Brino ILO Convention 122 Employment Policy Convention, 1964 (No. 122) S. 383-387

„… the Annual Report of the United Nations High Commissioner for Human Rights, “Realization of the right …” „… interaction between employment policies and the guarantee of the right to work for all.11 II. Context and …” „… against unemployment” read Art. 26 of the Universal Declaration of Human Rights; and the Declaration of …”

Vania Brino ILO Convention 142 Human Resources Development Convention, 1975 (No. 142) S. 387-391

„… and regional legislative instruments (the Universal Declaration of Human Rights, the American …” „… Declaration of the Rights and Duties of Man as well as, at regional level, the Social and Labor Declaration of …” „… Mercosur and the Charter of Fundamental Rights of the European Union, to mention only a few) as well as …”

Franz Christian Ebert ILO Convention 182 Worst Forms of Child Labour Convention, 1999 (No. 182) S. 1165-1179

„… : – the Forced Labour Convention, 1930 (No. 29); – the Freedom of Association and Protection of the Right …” „… . General Survey on the Fundamental Conventions Concerning Rights at Work in Light of the ILO Declaration on …” „… Children’s Rights 73-146; Humbert, Franziska, The Challenge of Child Labour in International Law (CUP …”

Jean-Philippe Lhernould Directive 2008/104/EC on temporary agency work S. 894-906

„… inspired by Article 7 of the Community Charter of the Fundamental Social Rights of Workers which provides …” „… the provisions of the Treaty regarding the freedom to provide services and the freedom of …” „… grounds of general interest. Other justifications may be indeed invoked: the protection of the right to …”

Felix Welti ILO Convention 159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) S. 635-641

„… human rights and fundamental freedoms (Art 2 CRPD). Reasonable accommodation is a means of individual …” „… Rights of Persons with Disabilities (CRPD) has been adopted by the UN General Assembly in 2006 …” „… rights-oriented understanding of disability it might be another person than the worker himself who is impaired …”

David Fennelly International Covenant on Economic, Social and Cultural Rights: Articles 2 and 7 (ICESCR) S. 438-444

„… VII. List of cases Date Case no Court Parties 9 April 1987 172/84 UN Human Rights Committee Broeks …” „… ‘Covenant’) is the core United Nations instrument for the protection of economic, social and cultural rights …” „… . Alongside the International Covenant on Civil and Political Rights (‘ICCPR’), it gives effect in the form of …”

Claire La Hovary ILO Convention 131 The Minimum Wage Fixing Convention, 1970 (No. 131) S. 1120-1124

„… sanctions. 2. Subject to the provisions of paragraph 1 of this Article, the freedom of collective bargaining …” „… expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of …” „… Analysis of ILO Action (Ashgate, Aldershot 2008); Committee on the Rights of the Child, General comment No …”

Edoardo Ales ILO Convention 155 Occupational Safety and Health Convention, 1981 (No. 155) S. 1392-1413

„… . 29); Freedom of Association and Protection of the Right to Organise, 1948 (No. 87); Right to Organise …” „… Declaration of Fundamental Principles and Rights at Work’, IJCLLIR 2001, Vol. 17, No. 3, pp 269-287; Tee L …” „… the ILO Constitution1 and in the Declaration of Philadelphia,2 the right to a safe and healthy work …”

Martina Benecke ILO Conventions 3, 103 and 183 on Maternity Protection S. 1365-1370

„… and post-natal care and include freedom of choice concerning doctor and hospital.22 The aim of the …” „… nursing; the burden of proof shall rest on the employer.45 Furthermore, women are guaranteed the right to …” „… (a) the ratification by a Member of the new revising Convention shall ipso jure involve the …”

Sara Benedi Lahuerta Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin S. 495-520

„… Discrimination (ICERD) and the European Convention for the Protection of Human Rights and Fundamental Freedoms …” „… concerns about the spread of racism and extreme right movements across Europe, which could amount to an …” „… of EU law, recognised in article 21 of the Charter of Fundamental Rights of the EU (CFEU). For this …”

Laura Calafà ILO Convention 140 Paid Educational Leave Convention, 1974 (No 140) S. 1136-1142

„… , educational leave is considered as part of an employee’s right to education and recognised that “the need for …” „… the purpose of establishing claims to social benefits and other rights deriving from the employment …” „… purpose of establishing claims to social benefits and other rights deriving from the employment relation …”

Carla Spinelli ILO Convention 132 Holidays with Pay Convention (Revised), 1970 (No. 132) S. 1370-1381

„… right is mentioned in Article 24 of the Universal Declaration of Human Rights (1948),1 which confers on …” „… everyone “the right to rest and leisure, including reasonable limitation of working hours and periodic …” „… of Europe2 and in Article 7(d) of the International Covenant on Economic, Social and Cultural Rights …”

Elise Muir, Lisa Waddington Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation S. 520-547

„… protection of the rights and freedoms of others. Overview Together with the Racial Equality Directive, the …” „… offences, protection of health and protection of the rights and freedoms of others) that can be invoked in …” „… action, minimum requirements, defence of rights, burden of proof, dissemination of information, dialogue …”

Alexia Gardin Directive 1999/70/EC concerning the Framework Agreement on fixed-term work S. 882-894

„… to Point 7 of the Community Charter of the Fundamental Social Rights of Workers which provides, inter …” „… effect and create rights in favour of employees who may rely on before national Courts. Comparability of …” „… paragraph of Article 10 of the Community Charter of the Fundamental Social Rights of Workers to which …”

Hélène Tissandier Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employerOJ 2008 L 283/36-42. S. 1012-1026

„… consultation rights, which are only one part of the Transfer of Undertakings Directive. Some of the other …” „… aspect of the Directive could definitely be improved: the protection of the rights arising from …” „… the Community Charter of Fundamental Social Rights for Workers adopted on December the 9th of 1989 …”

Samantha Velluti Article 148 TFEU S. 138-142

„… EES, is thus ‘given the freedom to evolve and continues to supply a safety net for the creation of …” „… ployment.3 One of the most apposite is the Beveridge definition according to which full employment …” „… is a ‘situation where the number of vacancies exceeds the number of candidates for any given position …”

Orsola Razzolini Directive 2010/41/EU on the application of the principle of equal treatment between men and women S. 586-602

„… ”. Notably, the Council invites a revision of Council Directive 86/613/EEC in order to ensure rights related …” „… to the rights and duties of the persons concerned. The essential feature of an employment …” „… freedom as they are placed under the control and the direction of the employer.75 In some member states …”

Siska Dubbert, Franz Christian Ebert ILO Convention 81 Labour Inspection Convention, 1949 (No. 81) S. 1073-1093

„… fighting against violation of social fundamental rights. ILO Convention 81 Labour Inspection Convention …” „… international framework agreements signed have a provision to implement the Fundamental Rights of the 1998 …” „… an effective system for the protection of workers’ rights is present throughout its Articles, the …”

Sudabeh Kamanabrou, Anne Christin Wietfeld Directive 2010/18/EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC S. 1026-1049

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b) Maintenance of rights, clause 5 para 2 …” „… , Community Charter of the Fundamental Social Rights of Workers art 16, revised European Social Charter (ESC …” „… ) art 27 and European Charter of Fundamental Rights (CFREU) art 33 para 2. The latter is the primary …”

Iacopo Senatori Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees S. 1567-1592

„… rights, particularly in relation to economic dismissals and transfer of undertakings.55 At the time …” „… principle and stated aim of this Directive to secure employees’ acquired rights as regards involvement in …” „… company decisions. Employee rights in force before the establishment of SCEs should provide the basis for …”

Fabienne Jault-Seseke Regulation (EC) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast) S. 1643-1650

„… the dispute. On the other hand, there is a risk that the employer, using its freedom of establishment …” „… of judgments in civil and commercial matters (Brussels I Recast) Chapter II SECTION 5 Jurisdiction …” „… over individual contracts of employment Article 20 1. In matters relating to individual contracts of …”

Iacopo Senatori Directive 2009/38/EC on the establishment of a European Works Council S. 1601-1636

„… ensure that employees’ rights are protected in the event of subsequent domestic mergers. Measures …” „… , once this term has elapsed new domestic mergers can lead to a limitation of participation rights …” „… SE for the purpose of depriving employees of rights to employee involvement or withholding such …”

Vito Leccese Directive 2003/88/EC concerning certain aspects of the organisation of working time S. 1285-1321

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 1. Essential content of the right to weekly rest and its accumulation with daily rest …” „… and may not make subject to any condition the right of employees to have working periods and …” „… the practical effect of the rights conferred on workers by the said directives in order to ensure the …”

doi.org/10.5771/9783845266190

Stefan Lorenzmeier, Vasilka Sancin - Contemporary Issues of Human Rights Protection in International and National Settings

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Stefan Lorenzmeier (ed.), Vasilka Sancin (ed.)

Contemporary Issues of Human Rights Protection in International and National Settings

2018

Results in this title

Stefan Lorenzmeier The Procedural and Substantial Requirements of the European Union’s Accession to the European Convention of Human Rights and Fundamental Freedoms S. 193-214

„… Convention of Human Rights and Fundamental Freedoms Stefan Lorenzmeier1 Abstract This article deals with the …” „… Rights and Fundamental Freedoms. The analysis of Art. 218 TFEU shows that the Accession Agreement will …” „… treaties38. b. tection of Human Rights and Fundamental Freedoms’ (2009/2014 (INI)), accessible under …”

Mirjam Škrk International Human Rights in the Case Law of the Slovenian Constitutional Court S. 71-92

„… Abstract Basic human rights and freedoms form the central part of the Slovenian Constitution. The human …” „… understand fundamental human rights and freedoms that are part of the international human rights law. These …” „… Fundamental Freedoms (hereinafter: ECHR) and recognized the jurisdiction of the European Court of Human Rights …”

Stefan Lorenzmeier, Vasilka Sancin Introduction to Contemporary Issues of Human Rights in International, European and National Settings S. 11-24

„… of Human Rights and Fundamental Freedoms The European Convention on Human Rights and Fundamental …” „… Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom …” „… Introduction to Contemporary Issues of Human Rights in International, European and National …”

Jennifer Hölzlwimmer Federalism of Fundamental Rights Protection in Germany and the EU – Two Are Better Than One? S. 111-132

„… emphasizes this result in case of constitutional provisions guaranteeing fundamental rights and freedoms and …” „… fundamental rights and freedoms next to each other (parallel protection),23 the distribution of competences …” „… Constitutional Court of Hesse generally neglects the application of fundamental rights and freedoms of the …”

Rui Guerra da Fonseca Global Constitutionalism and Social Rights : A Few Notes on Human Rights in the Quest for a Substantive Rule of Law S. 235-252

„… international order in which the rights and freedoms set forth in the UDHR can be fully realized (Art. 28). Of …” „… case with social rights). Social rights bring objectiveness to the idea of peace through freedom from …” „… be said that American law disregards social rights. Also, freedom from want became an axiom of …”

Tina Korošec The Co-Respondent Mechanism before the European Court of Human Rights: An Adequate Procedural Solution or a Flawed Mechanism? S. 153-178

„… European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)1. In December 2014 …” „… . 1 European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended, 4 …” „… European Union to the European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR …”

Roman Petrov Human Rights in Association Agreements with Ukraine, Moldova and Georgia S. 215-234

„… EU-Ukraine AA on the rule of law and respect for human rights and fundamental freedoms “does not constitute …” „… This paper analyses the human rights dimension of the EU Association Agreements (AA) with Ukraine …” „… human rights. In addition, challenges for the effective legislative approximation in the field of human …”

Vibeke Blaker Strand, Kjetil Mujezinović Larsen The Role of the European Convention on Human Rights in the Norwegian Legal Order S. 25-44

„… freedom of expression.20 In addition, the Court has found one violation of Article 5 on the right to …” „… A. Human Rights and National Legal Orders The Role of the European Convention on Human Rights in …” „… Court of Human Rights (ECtHR) against Norway; and a presentation of current challenges, this article …”

Isabella Risini The Accession of the European Union to the ECHR and the Inter-State Application under Article 33 ECHR S. 179-192

„… the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention …” „… application under Article 33 of the Convention for the Protection of Human Rights and Fundamental Freedoms …” „… , 111. 4 Convention for the Protection of Human Rights and Fundamental Freedoms, 4 November 1950, ETS 5 …”

Dorota Miler The Role of the ECtHR in the Polish Legal Order S. 45-70

„… of Human Rights and Fundamental Freedoms (the European Convention of Human Rights, hereinafter as the …” „… Chapter II of the Constitution (containing a total of 56 articles) regulates freedoms, rights and …” „… discretion by public servants, including the right to marry of a detainee or a prisoner and the refusal to …”

Daniel Engel The Future of the Bosphorus-Presumption after the EU’s Accession to the European Convention on Human Rights S. 133-152

„… European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not …” „… protection formula which the European Court of Human Rights has established in its Bosphorus judgment will …” „… purpose, the article analyzes the European Court of Human Rights’ development of the equivalent protection …”

Maša Kovič Dine Right to Development: Driver for Extraterritorial Application of Economic, Social and Cultural Rights S. 253-266

„… fundamental freedoms can be fully realized.”3 The lack of a clear conceptual framework of the right to …” „… Right to Development: Driver for Extraterritorial Application of Economic, Social and Cultural …” „… third generation human right may foster the extraterritorial application of economic, social and …”

Index S. 313-316

„… and Fundamental Freedoms – ECHR 11 European Court of Human Rights 27 – ECtHR 12, 35 European …” „… Agreement 18 Basic Law – Grundgesetz 117 Bosphorus 16 Charter of Fundamental Rights of the European Union …” „… – CFR 12 co-respondent mechanism 16, 148 Commissioner for Human Rights – Council of Europe 54 Committee …”

Titelei/Inhaltsverzeichnis S. 1-9

„… Contemporary Issues of Human Rights Protection in International and National Settings Stefan …” „… Lorenzmeier/Vasilka Sancin (eds.) Nomos Stefan Lorenzmeier/Vasilka Sancin (eds.) Contemporary Issues of Human Rights …” „… subject to copyright. All rights reserved. No part of this publication may be reproduced or transmitted …”

Marina Žagar A Defendant's Right to a Fair Trial and Improvement of the Victim’s Status in the Proceedings before International Criminal Jurisdictions S. 289-308

„… for the Protection of Human Rights and Fundamental Freedoms. 23 R Cryer (n. 1), p 357. A Defendant …” „… addition, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and …” „… A Defendant's Right to a Fair Trial and Improvement of the Victim’s Status in the Proceedings …”

Désirée Hofmann International Human Rights and their Enforcement in the German Legal Order S. 93-110

„… , 1420). 7 Convention for the Protection of Human Rights and Fundamental Freedoms (Bekanntmachung über …” „… The contribution deals with the enforcement of international human rights in the German legal order …” „… the enforcement of human rights in Germany by focusing on social human rights and compares it to the …”

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