One step outside contractualism: the worker as a holder of human rights Cover Image
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Un pas în afara contractualismului: lucrătorul ca titular al drepturilor omului
One step outside contractualism: the worker as a holder of human rights

Author(s): Raluca Dimitriu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: workers’ rights; human rights; contractualism;

Summary/Abstract: The paper aims to analyze the extent to which the workers’ rights can be interpreted in the key of human rights, presenting the advantages and risks of such an approach. It carries out an examination of the human rights relevant to the worker and their main classifications. The paper also investigates the extent to which labor law courts could base their decisions, in some cases, on human rights sources. There are also discussed some ways of overcoming the traditional obstacles between workers’ rights and human rights. The alignment of the labor law of the human rights protection movement, beyond the real risks it entails, may also ensure a last normative resort for the employee to use – not as a contracting party, but as a human being

  • Issue Year: 2019
  • Issue No: 04
  • Page Range: 124-140
  • Page Count: 17
  • Language: Romanian