Virginia Mantouvalou

Email: V.Mantouvalou@lse.ac.uk

Virginia Mantouvalou holds a PhD and an LLM in Human Rights from the LSE, and an LLB from the University of Athens. For her doctoral thesis, she was awarded various scholarships, including the Wedderburn Scholarship and the Morris Finer Scholarship. In 2006 she was appointed Lecturer in Law at the University of Leicester, School of Law, and from 2008 she is also Deputy Director of the Centre for European Law and Integration. Virginia organises the Human Rights Lecture Series. She previously taught at UCL.
 

Research interests


Virginia’s main areas of research are human rights law and labour law – domestic, European and international – and human rights theory. She is particularly interested in social and labour rights, but also in civil liberties, such as the right to privacy. She is also interested in the protection of the rights of illegal immigrants. In addition, she explores various aspects of the interaction between human rights and labour law and the constitutionalisation of labour law. She is currently working on a book project, arguing for social rights in a debate with Conor Gearty (see below).

 
Books  

• Social Rights: For and Against, a debate with Conor Gearty,  Publishing in the new series Debating Law (Peter Cane, series editor). [FORTHCOMING]

 

Selected articles
and chapters in books
 

'N v UK: No Duty to Rescue the Nearby Needy?', Modern Law Review, [FORTHCOMING 2009]

'Private Life and Dismissal: Pay v UK', co-authored with Hugh Collins, in (2009) 38 Industrial Law Journal 133-138

'Review: Sandra Fredman, Human Rights Transformed, OUP 2008', (2008) European Human Rights Law Review 812-815

'Human Rights and Unfair Dismissal: Private Acts in Public Spaces', (2008) 71 (6) Modern Law Review, pp 912-939

This article addresses the termination of employment because of the conduct of the employee in her leisure time, in the light of the right to private life. It explores the impact on the retention of employment of activities taking place outside the workplace and outside working hours, and argues that the approach of UK courts and tribunals, which is based on a primarily spatial conceptualisation of privacy, is flawed. A fresh approach to privacy, resting on the idea of domination, is proposed, which is sensitive to the particularities of the employment relationship. Considering the fairness enquiry in dismissal, it argues that off-duty conduct may lead to lawful termination of employment only if there is a clear and present impact or a high likelihood of such impact on business interests; a speculative and marginal danger does not suffice. It further proposes that a particularly meticulous test is appropriate when certain suspect categories, such as the employees' sexual preferences, are at stake.

'The Council of Europe and the Protection of Human Rights: A System in Need of Reform', co-authored, in Research Handbook on International Human Rights Law, Joseph, S., (ed.), Edward Elgar Publishers [FORTHCOMING]

'Is There a Human Right not to Be a Trade Union Member?' in Workers' Rights as Human Rights, Novitz, T., Fenwick, C., (eds.) [FORTHCOMING] Also available at the LSE Working Paper Series, Working Paper No. 8/2007

This paper examines the protection of labour rights in the context of civil and political rights documents and explores the compatibility of closed shop arrangements with human rights law. It contributes to the relevant debates in two ways. First, it seeks to examine how the "integrated approach" to interpretation, a method increasingly preferred by the European Court of Human Rights when examining work-related complaints, affects the regulation of closed shops. Second, it attempts to resolve the apparent tension between individual rights and the collective interests of labour that is commonly articulated in both the case law and the academic literature. The paper suggests that, contrary to a widely held understanding, civil and labour rights share common values. Through the example of closed shops it is argued that the rights of workers and their unions can be enhanced rather than harmed by an effective and principled human rights regime.

'Servitude and Forced Labour in the 21st Century: The Human Rights of Domestic Workers', (2006) 35 Industrial Law Journal, pp 395-414

Organisations and scholars have recently drawn attention to what they call a modern form of slavery, 'domestic slavery'. Domestic workers in Europe and elsewhere live and work in appalling conditions and are vulnerable to abuse. This article describes the problem, presents the relevant legal instruments and analyses a decision of the European Court of Human Rights, Siliadin v France, where France was found in breach of the prohibition of slavery, servitude, forced and compulsory labour under the European Convention on Human Rights. The paper examines the growing interaction between international labour law and international human rights law. It argues that the decision in Siliadin and its legal implications constitute a positive first step towards addressing the problem of the coercion and vulnerability of migrant domestic workers. .

'Work and Private Life: Sidabras and Dziautas v Lithuania', (2005) 30 European Law Review, pp 573-585

The European Convention on Human Rights has traditionally been regarded as a civil and political rights instrument. Recently, a new method of interpretation, which came to be known also as the "integrated" approach to human rights, is reflected in decisions of the European Court of Human Rights. This approach is based on the idea that the enjoyment of civil and political rights is rendered meaningless if social rights are neglected and that social entitlements are as intrinsically valuable as the interests underlying civil and political rights. The present piece analyses a recent judgment of the Court, Sidabras and Dziautas v Lithuania, which is likely to be regarded as a paradigm example of the integrated approach, and explores its implications for the interpretation of the ECHR. It argues that the Court has to address the social rights implications of the Convention under a coherent theory of adjudication according to principles that lie behind the ECHR.

'Extending Judicial Control in International Law: Human Rights Treaties and Extraterritoriality', (2005) 9 International Journal of Human Rights, pp 147-163

This article examines the extraterritorial reach of international human rights treaties, as a way to hold accountable states that perform human rights violations outside of their national boundaries. In order to illustrate this, the case law of the European Court of Human Rights, the Inter-American Convention on Human Rights and the International Covenant on Civil and Political Rights are discussed. The final aim of the article is to show that the notion of jurisdiction in international human rights treaties is to be interpreted in light of their distinct purpose.

'Migrant Workers and Modern Slavery', (2006) Yearbook of Immigration and Refugee Law, United Nations Office of the High Commissioner in Human Rights, (in Greek), pp 397-419


Law Home Page