Research Handbook on Labour, Business and Human Rights Law
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Research Handbook on Labour, Business and Human Rights Law

Edited by Janice R. Bellace and Beryl ter Haar

Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
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Chapter 2: Fundamental rights and German labor law

Manfred Weiss

Abstract

Already the Weimar Constitution of 1919 contained fundamental rights which played an important role in labor law. However, there the fundamental rights only described a program to be implemented by legislation. The fundamental rights in the Constitution of Germany today automatically bind all three State branches and entitle individuals to enforce these rights in courts. The Constitution expressly only refers to the vertical application in the relationship between citizens and the State. Nevertheless, fundamental rights nowadays in Germany are considered to be the expression of values for the legal order as a whole. Therefore, horizontal application in the relationship between private actors has become important. The focus is not only the fundamental rights embedded in the German constitution but also on the very complex interplay with fundamental rights contained in European sources as the European Social Charter, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU.

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