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Lecture 3 - A Decent Future of Work and Human Rights at Work
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Notes from lecture 3 of the course International Labour law and Globalisation. A decent future of work and human rights at work
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ILL&G Lecture 3 || 19/02/2020Lecture 3 – A decent future of work and human rights at work
A decent work Agenda slide 68
Decent work in the 1998 declaration on fundamental principles and rights at work
Decent work in the 2008 declaration on social justice for a fair globalization
Decent and sustainable work? The 2019 centenary declaration
Labour rights in human rights law
Paper requirements
Decent work?
- 1999 under DG juan somavia
o Substantive norm
o Policy framework
Decent work agenda
- ‘Work’
- ‘Decent’
What would be the reason for the ILO to put so much emphasis on the fact that ‘work should be
decent’?
Work is not just an economic activity, but also a livelihood
It can influence what someone is like as a person, what their life is like
What is decent work?
o Good working hours
o Safety
o Participation, representation (feel like you are being heard)
o Equality, no discrimination
o Work-life balance
o Umbrella term for everything the ILO sees should be basic standards of work
Decent work agenda
4 pillars
1. Promoting jobs
2. Guaranteeing rights at work
a. Main focus for these lectures
3. Promoting social dialogue
4. Extending social protection
a. Social protection = social security, degree to which you have family healthcare etc.
b. Protection against certain risk
c. Health, compensation if you lose income
d. Perhaps also a bit about safety at work
, Decent Work Agenda: 4 pillars
Not exhaustive, but examples of what could be part of these 4 pillars
1988 declaration FPRW he will add articles in the slides
ILO declaration on fundamental principles and rights at work
- Third major statement of principles in service of social justice (after 1919 and 1944)
- 4 fundamental principles
- Universal character
- Follow-up mechanism
Article I
[The International Labour Conference]
1. Recalls:
(a) That in freely joining the ILO, all Members have endorsed the principles and rights set out
in its Constitution and in the Declaration of Philadelphia, and have undertaken to work
towards attaining the overall objectives of the Organization to the best of their resources
and fully in line with their specific circumstances;
(b) That these principles and rights have been expressed and developed in the form of
specific rights and obligations in Conventions recognized as fundamental both inside and
outside the Organization.
Article II
[The International Labour Conference]
Declares that all Members, even if they have not ratified the Conventions in question, have an
obligation arising from the very fact of membership in the Organization to respect, to promote
and to realize, in good faith and in accordance with the Constitution, the principles concerning
the fundamental rights which are the subject of those Conventions, namely:
(a) Freedom of association and the effective recognition of the right to collective bargaining;
(b) The elimination of all forms of forced or compulsory labour;
(c) The effective abolition of child labour;
(d) The elimination of discrimination in respect of employment and occupation.
What does this paragraph mean?
Even if you haven’t ratified a convention you have an obligation to respect and follow the
fact the principles which they are based on. You don’t have the same obligations you would
have had if you had ratified it, but still you have to realise the principles concerning these
conventions.
Considering its not implemented in the national legislation; is it still binding? In what instance?
They do have some legislative force but are not literally binding; grey area
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