Workers without rights as citizens at the margins

This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker. © 2013 Taylor and Francis Group, LLC

Structural Injustice and the Human Rights of Workers

An increasing number of jobs are precarious, making workers vulnerable to various forms of ill-treatment and exploitation. The UK Government’s main approach has been to criminalise the actions of unscrupulous employers who seek to exploit these. This approach, however, has been ineffective, partly because it ignores the broader socio-economic structures that place workers in conditions of vulnerability. This article develops an alternative solution, seeking to identify structures that force and trap workers in conditions of exploitation. It focuses specifically on what I call ‘state-mediated structural injustice', where legislative schemes that promote otherwise legitimate aims create vulnerabilities that force and trap workers in conditions of exploitation. I use examples such as restrictive visa regimes, prison work and work in immigration detention, welfare conditionality programmes, and zero-hour contracts to illustrate the unjust structures. I finally assess whether these legal structures are compatible with human rights, such as the right to private life, the prohibition of slavery, servitude, forced and compulsory labour, and the right to fair and just working conditions

Active Industrial Citizenship of Domestic Workers: Lessons Learned from Unionising Attempts in Israel and the United Kingdom

In this Article we offer a new conceptualization of industrial citizenship, which is sensitive to gender and migration status. Our conceptualization builds on the theoretical distinction between active and passive citizenship and the analyses of active industrial citizenship. We suggest that active industrial citizenship should be detached from the old and influential tradition of trade unionism that is connected with the public/private divide. Our proposed conceptualization leads to attaching value to activities related to ethics of care and to the pursuit of legal status, which should be seen as forms of activism. The discussion focuses on organizing domestic workers. We argue that this new conceptualization of active industrial citizenship leads to the recognition of domestic workers as active industrial citizens, rather than passive victims of abuse. It also transforms the way we view organizational forms within the labor market, making it possible to appreciate on an equal basis membership in trade unions and participation in NGOs and other civil society organizations, thereby building cooperation as well as taking part in other aspects of public life. We ground our argument on theoretical literature as well as a qualitative study and a series of interviews with key trade union and NGO actors with expertise in organizing and supporting domestic workers in Israel and the United Kingdom

Labour Law and Human Rights

This article examines the relationship between human rights and labour law. It first explores the reasons for the resistance to examining labour rights as human rights. Second, it turns to European human rights developments in order to assess the case law of the European Court of Human Rights in this context. It presents an interpretive technique adopted by the Court, the integrated approach, which takes note of social and labour rights in the interpretation of civil and political rights. The article argues that the integrated approach to interpretation needs firm theoretical grounding, and the third part suggests that the prohibition of workers’ exploitation is an important underlying principle that should guide our understanding of labour rights as human rights. It develops a definition of workplace exploitation on the basis of theoretical literature, and suggests some of its implications for the adoption of the integrated approach to interpretation

'Am I Free Now?' Overseas Domestic Workers in Slavery

This article examines United Kingdom overseas domestic worker and diplomatic domestic worker visas in place since 2012. These visas tie workers to an employer by making it unlawful for them to change employer, even when seriously exploited or abused. The article presents the findings of a qualitative study of overseas domestic workers, exploring how this vulnerable and difficult (for researchers) to reach group experience these visas in practice. Workers reported instances of exploitation and abuse by the employers with whom they arrived in the United Kingdom. Having escaped, they have become undocumented, and are trapped in ongoing cycles of exploitation. The article assesses what light this empirical exploration sheds on the question of whether the visa is contrary to the prohibition of slavery, servitude, forced and compulsory labour in article 4 of the European Convention on Human Rights and the UK Modern Slavery Act 2015

Scan Free GEXRF in the Soft X ray Range for the Investigation of Structured Nanosamples

Scan free grazing emission X ray fluorescence spectroscopy GEXRF is an established technique for the investigation of the elemental depth profiles of various samples. Recently it has been applied to investigating structured nanosamples in the tender X ray range. However, lighter elements such as oxygen, nitrogen or carbon cannot be efficiently investigated in this energy range, because of the ineffective excitation. Moreover, common CCD detectors are not able to discriminate between fluorescence lines below 1 keV. Oxygen and nitrogen are important components of insulation and passivation layers, for example, in silicon oxide or silicon nitride. In this work, scan free GEXRF is applied in proof of concept measurements for the investigation of lateral ordered 2D nanostructures in the soft X ray range. The sample investigated is a Si3N4 lamellar grating, which represents 2D periodic nanostructures as used in the semiconductor industry. The emerging two dimensional fluorescence patterns are recorded with a CMOS detector. To this end, energy dispersive spectra are obtained via single photon event evaluation. In this way, spatial and therefore angular information is obtained, while discrimination between different photon energies is enabled. The results are compared to calculations of the sample model performed by a Maxwell solver based on the finite elements method. A first measurement is carried out at the UE56 2 PGM 2 beamline at the BESSY II synchrotron radiation facility to demonstrate the feasibility of the method in the soft X ray range. Furthermore, a laser produced plasma source LPP is utilized to investigate the feasibility of this technique in the laboratory. The results from the BESSY II measurements are in good agreement with the simulations and prove the applicability of scan free GEXRF in the soft X ray range for quality control and process engineering of 2D nanostructures. The LPP results illustrate the chances and challenges concerning a transfer of the methodology to the laborator

Prox1 Regulates the Notch1-Mediated Inhibition of Neurogenesis

During development of the spinal cord, Prox1 controls the balance between proliferation and differentiation of neural progenitor cells via suppression of Notch1 gene expression

Modern Slavery, Unfree Labour and the Labour Market: The Social Dynamics of Legal Characterization

Treating the United Kingdom’s Modern Slavery Act as its focus, this article examines what the legal characterization of labour unfreedom reveals about the underlying conception of the labour market that informs contemporary approaches to labour law in the United Kingdom. It discusses how unfree labour is conceptualized within two key literatures – Marxist-inspired political economy and liberal approaches to modern slavery – and their underlying assumptions of the labour market and how it operates. As an alternative to these depictions of the labour market, it proposes a legal institutionalist or constitutive account. It develops an approach to legal characterization and jurisdiction that is attentive to modes of governing and the role of political and legal differentiation both in producing labour exploitation and unfree labour and in developing strategies for its elimination. It argues that the problem with the modern slavery approach to unfree labour is that it tends to displace labour law as the principal remedy to the problem of labour abuse and exploitation, while simultaneously reinforcing the idea that flexible labour markets of the type that prevails in the United Kingdom are realms of labour freedom