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A structural approach to the human right to just and favourable working conditions.

Kahn, Elizabeth (2019) 'A structural approach to the human right to just and favourable working conditions.', Critical review of international social and political philosophy., 22 (7). pp. 863-883.

Abstract

The human right to just and favourable working conditions offers a promising way of articulating the injustice suffered by workers who toil in substandard conditions. However, if we take seriously the objection that, for many workers living in poor countries, neither their employer nor their government can responsibly fulfil the right at this time, we may be tempted to reject the idea that there can be such a right. In response to this problem, this paper proposes a structural understanding of the right, according to which the right requires a social structure in which no person is vulnerable to accepting work under conditions that are not just and favourable. This approach takes the right as outlining how social structure must be as a matter of fundamental justice. This is in contrast to the standard claim-based understanding, which requires that for there to be a human right it must be the case that for every human we can identify an agent whom their claim is against, specify what the claim requires, and show that fulfilment of the claim constitutes the fulfilment of the right and is in fact owed to the right-holder.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1080/13698230.2018.1448152
Publisher statement:This is an Accepted Manuscript of an article published by Taylor & Francis in Critical Review of International Social and Political Philosophy on 25 March 2018, available online: http://www.tandfonline.com/10.1080/13698230.2018.1448152
Date accepted:01 March 2018
Date deposited:13 March 2018
Date of first online publication:25 March 2018
Date first made open access:25 March 2020

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