Please find below the journal abstract of “Constitutionalizing Labour Rights: Informal Homeworkers in Global Value Chains” by Marlese von Broembsen, published in International Journal of Comparative Labour Law and Industrial Relations, Issue 3, Volume 34, 2018 edited by Guy Davidov.
This article analyses, from a constitutionalism perspective, the ubiquitous ‘due-diligence human rights framework’ that aims to hold multi-national corporations accountable for the decent work deficits in their supply chains. The analysis draws on the theories of three scholars: Gunther Teubner, Ruth Dukes and Nancy Fraser. The article’s objectives are three-fold. First, the analysis illustrates the value of Dukes’ idea of a global labour law constitution, augmented by Fraser’s theory of justice, as an analytic to identify who is excluded from participating, and the implications of their exclusion. Second, the article makes a theoretical contribution to debates on constitutionalizing labour rights in a post Wesphalian world, using outworkers/homeworkers to ground the discussion. Finally, it is hoped that the article will contribute to the social, and ultimately the legal recognition of homework as legitimate work.