Cover image for Activation Policies for the Unemployed, the Right to Work and the Duty to Work.
Activation Policies for the Unemployed, the Right to Work and the Duty to Work.
Title:
Activation Policies for the Unemployed, the Right to Work and the Duty to Work.
Author:
Dermine, Elise.
ISBN:
9783035264951
Personal Author:
Physical Description:
1 online resource (284 pages)
Contents:
Cover -- Acknowledgements -- Table of Contents -- Introduction: Activation Policies for the Unemployed, the Right to Work and the Duty to Work: Which Interactions? -- Activation Policies Facing the Coupling of the Right and the Duty to Work -- A. Work in Modern Societies, a Duty as much as a Right -- B. The Construction of Social Protection Systems, or Achieving a Balance between the Right and the Duty to Work -- C. Activation Policies for the Unemployed: What Impact on the Relationship between the Right and the Duty to Work? -- I. Historical and Philosophical Approaches to the Right and the Duty to Work -- 1848 and the Question of the droit au travail: A Historical Retrospective -- I. Precursory Ideas -- II. Droit au travail Versus liberté du travail -- III. Work or Suitable Work? -- Political-Philosophical Perspectives on the Duty to Work in Activation Policies for the Unemployed -- Introduction -- I. Political Philosophies and Views on Citizenship -- A. Liberalism and Social Liberalism -- B. Communitarianism -- C. Republicanism -- II. Critical Analysis of Activation Policies for the Unemployed -- A. Conditionality -- B. Labour Market Participation -- C. Public Employment Services -- Conclusion -- II. National Activation Policies for the Unemployed and the Different Underlying Conceptions of the Right and the Duty to Work -- Activation Policies for the Unemployed in the United States: Work First -- Introduction -- I. Unemployment Insurance: Limited Benefits for the Involuntarily Unemployed -- II. Disability Insurance: Incapacity for Work Benefits -- III. Supplemental Security Income: Cash Aid to the Needy Elderly or Disabled -- IV. Temporary Assistance for Needy Families: "Reformed" Social Assistance to Families with Children -- V. General Assistance: The Endangered Social Assistance to Childless Adults.

VI. The Earned Income Tax Credit: Financial Support to Low-income Working Households -- Conclusion: Work First -- Activation Policies for the Unemployed in France: "Social Debt" or "Poor Laws"? -- I. The French Idea of Social Debt: The Historical Hesitation between Human Rights and Mutual Duty -- A. Social Protection as a Human Right -- B. Social Protection as a Mutual Duty -- 1. The Historical Affirmation of a Mutual Duty -- 2. Right and Duty to Work: An Asymmetric Relationship -- II. The Current Articulation of Social Activation Policies: Conditionality and Individual Support -- A. Conditionality for Social Protection and Individual Responsibility -- 1. The Increasing Control over Jobseekers: "An Offer You Can't Refuse" -- 2. The Reinforced Rights and Duties Approach: The Case of the revenu de solidarité active (RSA) -- B. Social Support and Autonomy, the New Motto of Activation Policies -- 1. Social Support for the Unemployed -- 2. Enforcing the Autonomy of the Unemployed, a Work in Progress -- Conclusion -- III. Activation Policies for the Unemployed and the Human Right to Work -- Activation Policies for the Unemployed and the International Human Rights Case Law on the Prohibition of Forced Labour -- Introduction -- I. The Material Scope of Application of the Provisions on the Prohibition of Forced Labour -- A. The Prohibition of Forced Labour in Convention No. 29 of the International Labour Organization -- 1. The Definition of Forced Labour -- 2. Exceptions to the Scope of Application of the Convention -- B. The Prohibition of Forced Labour in the International Covenant on Civil and Political Rights -- 1. The Definition of Forced Labour -- 2. The Exception to the Scope of Application of the Prohibition of Forced Labour and the Exclusions from this Notion -- C. The Prohibition of Forced Labour in the European Convention on Human Rights.

1. The ILO Definition of Forced Labour as a Starting Point for the Interpretation of Article 4 of the ECHR -- 2. Exclusions from the Notion of Forced Labour Providing Guidance for the Construction of Article 4 of the ECHR -- II. Activation Policies for the Unemployed in the International Case Law on Prohibition of Forced Labour -- A. The Faure v. Australia Case and Article 8, 3 of the ICCPR -- B. The X, Talmon and Schuitemaker v. The Netherlands Cases and Article 4, 3 of the ECHR -- Conclusion -- Activation Policies for the Unemployed and the International Human Rights Case Law on the Right to Freely Chosen Work -- Introduction -- I. The Right to Freely Chosen Work: Contours of an Unheralded Right -- A. The Right to Freely Chosen Work and the Right to Work -- B. The Right to Freely Chosen Work and the Prohibition of Forced Labour -- II. Activation Policies for the Unemployed in the International Case Law on the Right to Freely Chosen Work -- A. Activation Policies for the Unemployed and ILO Conventions No. 29 on Forced Labour and No. 122 on Employment Policy -- 1. The Mandatory Participation to a Work Programme -- 2. The General Availability for Work Condition -- B. Activation Policies for the Unemployed and Article 1, 2 of the European Social Charter -- 1. Analysis of Activation Measures from the Angle of the Prohibition of Forced Labour -- 2. Systematic Analysis of the Loss of Unemployment Benefits for Refusal to Take up Employment or Training from the Angle of the Right to Freely Chosen Work -- Conclusion -- Right to Work and Individual Responsibility in Contemporary Welfare States: A Capability Approach to Activation Policies for the Unemployed -- Introduction -- I. Capability Approach, Responsibility and the Right to work -- A. Ability or Power to Act -- B. Freedom of Choice.

C. The Individual-Institution Relationship at the Heart of the Active Welfare State -- II. Types of Active Welfare States and Approaches to Responsibility and the Right to Work -- A. The Liberal Model -- B. The Social-Democratic Model -- C. The Conservative Model -- Conclusion -- IV. Debating Ideas: The Basic Income Guarantee and the Employment Guarantee -- The Tensions of Welfare State Reform and the Potential of a Universal Basic Income -- Introduction -- I. The Tension Between Universalism and Selectivity -- A. Poverty -- B. Labour Supply and the Right to Work -- C. Resilience -- III. The Tension Between Conditionality and Unconditionality -- Conclusion -- Securing the Right to Work and Income Security -- Introduction -- I. Activation Policies for the Unemployed in a Job Short Economy -- II. The Right to Work and to Income Security -- III. The Basic Income Strategy as a Remedy for Unemployment -- IV. The Direct Job Creation Strategy for Securing the Right to Work and Income Security -- Conclusion: Providing for the Full and Free Development of the Human Personality -- Conclusion: Activation Policies for the Unemployed: Redefining a Human Rights Response -- I. Human Rights as Part of the Bretton-Woods Consensus -- II. Redefining a Human Rights Response -- A. Providing a Supportive Macro-economic Environment, Individualised Counselling and Support to the Unemployed -- B. Clarifying the Duties of Private Employers to Contribute to the "Employability" of Jobseekers -- C. Respecting the Choice of Alternative Lifestyles -- III. Conclusion -- Contributors.
Abstract:
Since the 1990s and the 2000s, Western social protection systems have experienced a turn towards activation. This turn consists of the multiplication of measures aimed at bringing those who are unemployed closer to participation in the labour market. These measures often induce a strengthening of the conditions that must be met in order to receive social benefits. It is in this well known context that the authors gathered in this book decided to take a closer look at the relationship between activation policies for the unemployed and the right and the duty to work. If activation measures are likely to increase transitions towards the labour market, we can also make the assumption that they may, particularly when they are marked with the seal of coercion, hinder or dramatically reduce the right to freely chosen work. In such circumstances, the realisation of the «right to work», which is often stated to be the aim of those who promote activation, tends in practice to be reduced to an increasing pressure being exerted on the unemployed. In this case, isn't it actually the duty to work that is particularly reinforced? After an historical and philosophical perspective on the issue, this assumption is confronted with the developments observed in the United States and in France, and then with the guidelines laid down in international human rights instruments. What follows is a discussion of two alternatives to the dominant activation model: the basic income guarantee and the employment guarantee.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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