'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.
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'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.
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'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. .
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'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.
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'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.
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'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