Right to Rest and Leisure in European and International Law

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[...] The question of judicial qualification : Just as important, the contentious law gives the general practicality of a 'right', giving it the aura of a 'living' right and not purely speculative. Section 1. The opinion of the doctrine §1. Is there a contentious law on the right to rest and leisure? What would be its fundamental elements? §2. Between constraint and recommendation: how to situate the contentious law? Section 2. Defining the contentious law on the right to rest and leisure §1. The jurisprudential qualification of the right to rest and leisure in France a. The jurisprudential qualification in public law b. [...]

[...] The legitimacy of the instances promoting the right to rest and leisure and the more liberal or non-liberal judicial systems of certain zones of the world b. A subject that remains confidential compared to certain other rights of third or fourth generation (for example, the right to a healthy environment) § more measures aimed at international and national recognition of the right to rest and leisure a. The opinions of international instances (UN and Council of Europe) b. The opinions of the Defender of Rights Chapter 2. The right to rest and leisure: soft law or hard law? [...]

[...] The jurisprudential qualification of the right to rest and leisure in Europe and worldwide a. The jurisprudential qualification at the European level b. The jurisprudential qualification at the international level Chapter 2. The major judgments on the right to rest and leisure Section 1. International and European Jurisprudence §1. At the international level §2. At the European level Section 2. French Jurisprudence §1. In public law §2. In private law Conclusion Notable right of third and fourth generation (according to classifications), the right to rest is to leisure is a right that oscillates between intellectual, political and economic legitimacy, and lack of viability in the effectiveness of its legal contentiousness. [...]

[...] The conflict between norms: determining the place of the right to rest and leisure a. The hypothesis of a fundamental right at the top of the hierarchy of norms: protection by the Constitution b. The hypothesis of a 'minor right' and the conflict with regulatory and legislative sources: protection by law and regulation §2. Concrete examples of normative conflicts a. The right to rest and leisure and the Labour Code / Public Service Code b. The right to rest and leisure and the Public Health Code Title II. [...]

[...] Universal Declaration of Human Rights (Article 24: 'Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with International Convention on the Rights of the Child (Article 31: 'States parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the child's age and to participate freely in cultural life and in the artistic achievements of the community'). b. European Sources: Directive 2008/88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time. §2. National Sources of the Right to Rest and Leisure a. Constitutional and Fundamental Sources: Preamble to the Constitution of the IV Republice Republic (1946) (article 11: 'It guarantees to all, particularly to the child, to the mother and to the elderly workers, the protection of health, material security, rest and leisure'). [...]