O perspectivă teoretică și jurisprudențială asupra lucrătorului, ca titular al drepturilor omului
A Theoretical and Jurisprudential Perspective on the Worker, as a Holder of Human Rights

Author(s): Raluca Dimitriu
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Labour and Social Security Law
Published by: Universul Juridic
Keywords: labor law; human rights; jurisprudence; Constitutional Court; worker;
Summary/Abstract: The paper addresses the controversial issue of interference between labor and human rights, bringing into question the possibility of protecting the worker not only as a contracting party, but as a person. From a structural point of view, the analysis is carried out on two levels: theoretically, by presenting doctrinal differences in the matter, and jurisprudentially, by referring to solutions of the ECHR, the Constitutional Court and labor courts in the matter. Somehow, we could say that the two approaches - the labor law and the human rights protection - meet in the jurisprudence in the middle of the road, no longer being differentiated by the purely collectivist character of the first and the purely individualizing of the second. The worker-citizen, as holder of the fundamental human rights, can claim, on this foundation, even specific rights, otherwise, to the labor relations. The problem remains open, but the reality is that human rights have enriched the figure of the employee-individual, by feeding the legal order by the rights and freedoms of the human person

• Details
• Contents