| Project/Area Number |
15530043
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Senshu University (2005)
Yamaguchi University (2003-2004) |
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Principal Investigator |
ARITA Kenji Senshu University, School of Law, Professor, 法学部, 教授 (50232062)
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| Co-Investigator(Kenkyū-buntansha) |
SUZUKI Masumi Ryukoku University, Faculty of Law, Professor, 法学部, 教授 (30314793)
FUJITA Tatsuro Shimane University, Graduate School of Law, Professor, 法務研究科, 教授 (10209059)
YANAI Kenichi Kwansei Gakuin University, Faculty of Law, Associate Professor, 法学部, 助教授 (30304471)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥3,100,000 (Direct Cost: ¥3,100,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2004: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2003: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | Human Rights / Charter of Fundamental Rights of the European Union / Labour Law / Regulatory Techniques / Contract of Employment / Legal Incidents / European Convention on Human Rights / 欧州憲法条約 / 1998年人権法 / 社会権論 / イギリス労働法学 / 人権法 / 言論の自由 / 内部告発者保護法制 / 雇用契約 / 表現の自由 / 公益開示法 / 内部告発者の保護 / 欧州基本権憲章 / 市民権 |
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| Research Abstract |
Considering the Charter of Fundamental Rights of the European Union 2000 which ends the dichotomy of traditional civil rights and modern social rights, and merges civil rights with social rights, the theories of human rights in labour law are developing in Britain. Restructuring fundamental rights, academic labour lawyers try to build the concepts of human rights which labour law needs, and use those concepts as bases for various regulatory techniques of labour law in Britain.
There also seems to be the development of theories of human rights in the theories of contract of employment in Britain. Opinion that the implied common law duty of maintaining mutual trust and confidence might be sufficiently flexible and open-ended to serve as host to some (not all) European Convention rights, is suggested by some leading academic labour lawyers. The above opinion uses the legal incident form to impose a duty to respect human rights on employers in contract of employment.
As stated above, this study makes clear that the development of the theories of human rights in labour law on mulititiered levels is needed to respond to the change of employment relations brought by the changes of social, economic and political situations.
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