ARTICLE: HUMAN RIGHTS FOR PRECARIOUS WORKERS: THE LEGISLATIVE PRECARIOUSNESS OF DOMESTIC LABOR Skip over navigation
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Copyright (c) 2012 Comparative Labor Law & Policy Journal
 Comparative Labor Law & Policy Journal

ARTICLE: HUMAN RIGHTS FOR PRECARIOUS WORKERS: THE LEGISLATIVE PRECARIOUSNESS OF DOMESTIC LABOR

Fall, 2012

Comparative Labor Law & Policy Journal

34 Comp. Lab. L. & Pol'y J. 133

Author

Virginia Mantouvalou+

Excerpt



I. Introduction
 
What is the role of human rights for the protection of precarious workers? In order to address the question this Article, first, looks at definitions of precarious work. According to the literature, precariousness at work may be due to political, social, legal, economic, or other factors. All jobs can become precarious in different circumstances, and every job may be characterized by different degrees of precariousness. This Article focuses on a specific normative problem, a special type of precariousness caused by legislation, "legislative precariousness." This is defined as the special vulnerability created by the explicit exclusion or lower degree of protection of certain categories of workers from protective laws. A group that is frequently made precarious by law in many jurisdictions are domestic workers, the situation of whom the second part of the article explores by using examples from national (United Kingdom mainly) and supranational legal orders. The intersection of numerous expressions of legislative precariousness of this category of workers disadvantages them in comparison to other workers, and also makes enforcement difficult. The legislative precariousness of domestic workers, therefore, places them in a uniquely vulnerable position.

Human rights as moral principles incorporate strong entitlements. They are based on important human interests. The legal protection of the human rights of precarious workers must be strong too. Is it sufficiently strong? Looking at the European human rights system, which is an influential and effective mechanism of protection, Part III first examines the legal protection of the rights of domestic ...
 
 
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