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 18: Labor human rights and the jurisprudence of the Inter-American Court of Human Rights

Miguel F. Canessa Montejo

Abstract

The transformations brought about by the globalization of the world of work render insufficient the national efforts to face a cross-boundaries phenomenon. Similarly, the International Labour Organization efforts are praiseworthy but incomplete because its Members are reluctant to enter new international commitments. In this situation, labor human rights are in the best position to face the challenges of globalization. The Inter-American System of Human Rights has been playing an important role is protecting labor rights in the American hemisphere. However, labor lawyers usually favor the role of ILO supervisory bodies in the field of international labour law, therefore paying little attention to this system. This could, perhaps, be explained by the lack of knowledge among labor lawyers on how the system operates. This chapter tries to bridge this gap in order to integrate the Inter-American System into the international labour law analysis framework by analysing the judgments of Inter-American Court of Human Rights.

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