
Contents
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I. Introduction I. Introduction
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II. The Structuring of the European Market Around Social Rights II. The Structuring of the European Market Around Social Rights
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III. The Response of Fundamental Social Rights to ‘Global’ Competition III. The Response of Fundamental Social Rights to ‘Global’ Competition
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A. The ‘Barrier’ Effect A. The ‘Barrier’ Effect
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B. The ‘dissemination’ Effect B. The ‘dissemination’ Effect
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IV. The Inadequacy of these Responses in Terms of Violations of Fundamental Social Rights IV. The Inadequacy of these Responses in Terms of Violations of Fundamental Social Rights
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A. The Inadequacy of Remedies in Cases of Violations of Fundamental Social Rights A. The Inadequacy of Remedies in Cases of Violations of Fundamental Social Rights
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B. The Inadequacy of the Transnational Media Profile B. The Inadequacy of the Transnational Media Profile
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17 European Fundamental Social Rights in the Context of Economic Globalization
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Published:October 2005
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Abstract
This chapter considers a rather different aspect of the question of whether Europe's protection for social rights is inappropriately territorially limited, arguing that the European legal regimes for social rights protection do not adequately address the reality of economic globalization and the contribution by multinational corporations and other private actors to the spread of social injustice. Indeed, an even more fundamental weakness of the limited ‘European’ focus of the two systems of social rights protection emerges from other contributions in the book, that is that both the European Union and the European Social Charter are at best ambivalent and at worst clearly exclusionary in relation to the protection of non-nationals. Social rights, given the redistributive fears they raise, are considerably less ‘universal’ than other human rights claim to be, and any extension from favoured Member State nationals to non-nationals tends to be marginal or slight.
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