Human Rights at Work (LAWS70391)

Human rights law is a subject of growing importance with wide implications, for governments, employers and business. This subject considers how human rights law can be used to regulate private power (the power of the employer) and a private law relationship (the contract of employment) in an era of globalisation and transnational corporations. It examines, in particular, the question whether labour rights can be regarded as human rights, and considers the main international instruments designed to regulate the workplace.

The focus will be on rights such as the right to freedom of association, the right to work, the elimination of forced labour, freedom of expression in the workplace, protection from discrimination, the right to private life at work, freedom of religion and other such rights. Consideration will be given to how these and related obligations can be enforced against governments, but also against corporations. Different instruments of corporate accountability are fully explored, and attention is paid to how states, business and employers can keep on the right side of human rights standards, and the risks of failing to do so, with reference to the law and practice of Australia and other jurisdictions.

What is the relevance of human rights at work for governments and corporations, whether doing business in Australia or overseas? What are the ‘risks’ of human rights at work, legal or otherwise? Conversely, how can trade unions mobilise around human rights at work to advance the interests of their members?

Indicative list of principal topics:

• The nature of protection of labour rights in international and domestic law
• The scope and relevance of international labour standards for domestic law
• The role of hard and soft law mechanisms and the collapse of the hard/soft law distinction
• The application of human rights principles to private law relationships in selected areas.