Elena Sychenko

The Value of Comparative Research and International Labour Standards for the Adjudication of Labour-Law-Related Cases by the European Court of Human Rights

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Abstract

The paper establishes the ways the European Court of Human Rights (ECtHR) applies international labour standards and refers to comparative research of national labour legislations when it adjudicates cases related to labour rights. In the first part, the author researches the meaning of the "living" character of the European Convention on Human Rights (ECHR) and the outcomes of an evolutionary interpretation of the Convention in cases related to labour law. The second part investigates the references to the international instruments other than the ECHR in the ECtHR's case law, and outlines the contributions of the ILO standards to the development of labour rights protection. The third part follows the use of comparative research of national labour legislations by the ECtHR and argues its particular impact on antidiscrimination protection and on the protection of the freedom of association.

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