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INTERNATIONAL LABOUR LAW SOURCES

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Presentation on theme: "INTERNATIONAL LABOUR LAW SOURCES"— Presentation transcript:

1 INTERNATIONAL LABOUR LAW SOURCES
UN CEDU, European Social Charter,

2 UNIVERSAL DECLARATION OF HUMAN RIGHTS
The UDHR was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 The Declaration does not have a legally binding character, but the rights therein have gradually been codified in a series of international human rights conventions (to be ratified). At least part of the rights enshrined in the Declaration represent customary international law and as such are universally binding. The UN General Assembly considers that all UN member states have an obligation to promote and protect human rights and fundamental freedoms as defined in the Declaration,

3 UNIVERSAL DECLARATION OF HUMAN RIGHTS
A significant number of social rights is present in the Declaration Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Art. 23 1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.

4 International Covenant on Economic, Social and Cultural Rights
Preamble «Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights». It indicates that social rights constitute the condition for enjoying freedom and for the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human kind

5 International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is an international Treaty signed in 1966 In Italy it has been ratified with the in law no of 1977 Art. 4 recognizes: The right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. Art. 8 recognizes: a)The right of everyone to form trade unions and join the trade union of his choice b)The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations; c) The right of trade unions to function freely d) The right to strike

6 International Covenant on Economic, Social and Cultural Rights
Article 7  The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:  (a) Remuneration which provides all workers, as a minimum, with:  (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;  (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;  (b) Safe and healthy working conditions;  (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;  (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays .

7 International Covenant on Economic, Social and Cultural Rights
Supervision mechanisms The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors the implementation of the International Covenant on Economic, Social and Cultural Rights All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years. The Committee examines each report and can addresses recommendations to the State party in the form of “concluding observations”. The CESR can receive complaints also from individuals.

8 European Convention for the Protection of Human Rights and
Fundamental Freedoms (1950) It’s am International Treaty signed in Rome in 1950 by the States of the Council of Europe (47) It’s content is basically is on ARTICLE 4 Prohibition of slavery and forced labour No one shall be held in slavery or servitude. ARTICLE 11 Freedom of assembly and association 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests Il divieto di ogni discriminazione nel godimento delle libertà e dei diritti riconosciuti nella Convenzione, fondata sul sesso, la razza, la lingua, la religione, le opinioni politiche o quelle di altro genere, l’origine nazionale o sociale, l’appartenenza a una minoranza nazionale, la ricchezza, la nascita od ogni altra condizione . L'Unione Europea con il Trattato di Lisbona (art. 6TUE) aderisce alla CEDU. Tale adesione non modifica le competenze dell'Unione definite nei trattati. I diritti fondamentali della CEDU fanno parte del diritto dell’Unione in quanto Principi generali

9 European Convention for the Protection of Human Rights and
Fundamental Freedoms (1950) ARTICLE 14 Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status Specific jurisdictional institution: The European Court of Human Rights is an international court set up in 1959 It rules on individual or state applications alleging violations of the civil and political rights enshrined in the ECHR Any person, group or non-governmental organization can submit a complaint (“the applicant”) aginst a State member on the Council of Europe, after the exhaustion of domestic remedies.

10 European Convention for the Protection of Human Rights and
Fundamental Freedoms (1950) Art. 6 Treaty of the European Union. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. However, when the negotiated agreement was put to the European Court of Justice for opinion, it ruled (in December 2015) that the agreement did not provide for sufficient protection of the EU's specific legal arrangements and the Court’s exclusive jurisdiction.  For the time being, no new accession agreement has been drafted, but both the Parliament and the Commission underline the need for EU accession. Scholars remain divided, some considering that accession would bring added value, whilst others express the view that accession would actually do more harm than good to EU citizens

11 European social charter
It’s an International Treaty signed in Turin in 1961 and amended in 1996 It has been signed by 43 (out of 47) of the States members of the Council of Europe Ratification procedure It guarantees fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. The European Social charte is binding for the States who signed it and therefore A supervisory mechanism is set up N.B.

12 European social charter
Working conditions Freedom of assciation right to bargain collectively. Non discrimnation and of treatemen equal opportunity Sufficient wages Rights of information and consultation Social cohesion Social security Family asssistance Elder people assistance Disabled persons have the right to independence, social integration Member states can choose and select which rights they will implement by ratification A core group of rights is mandatorily implemented N.B.

13 Governmental committe
European social charter Periodical reports by state Observations by NGO, unions and employer’s association Supervisory mechanisms European committe of social rigts The Committee reviews compliance with the Social Charter Governmental committe In case of on-compliance, it may propose that the Committee of Ministers address a Recommendation to the State concerned. Committee of MInisters Adopt resolutions at the endo of cycle and issues recommendation to the States

14 Social clause The social clause is a clause imposing the application of the core labour standard (typically those defined in 1998 ILO Declaration, or in the UN Covenant) that can be inserted in international trade Treaties. The signatory countries can have access to the condition set by the Treaties (like Preferential tariffs) only if they guarantee the application of the core labour standard Referred in the social clause. The aim is to guarantee (indirectly) the application of core labour standard in the Countries (often third world countries) that are signatory of the commercial Treaties. Questions about social causes: Effectiveness Sanctions Weakness of international labour law system

15 Social clause Many bilateral agreements – for instance, the trade agreements between EU and Canada, Japan and Singapore – include an explicit reference to the UN Declaration in their preamble. The standard human rights clause is included in many framework or trade agreements : eg. EU agreements with the Republic of Korea (2010), Central America (2012), Colombia and Peru (2012), Georgia (2013) and Moldova (2013)), contains an explicit reference to the UN Declaration as the normative framework of reference for respecting human rights.

16 Codes of conduct Codes of conduct are a set of rules that each enterprise (typically multinationals enterprises) voluntarily and autonomously defines as an expression of the Corporate Social Responsibility (CSR). In the codes of Conduct the enterprise or company declares to its stakeholders which social rights will be protected in each establishment. External Codes : they are freely adopted by the enterprise but are composed by subject external to the enterprise (Consumers associatio per orientarne i comportamenti Internal codes : they are defined by each enterprise and constitute a set of values and good practises that each enterprise has chosen.

17 OECD guidelines for multinational enterprises of 1976 (last rev. 2011)
The aim of the governments adhering to the Guidelines is to encourage the positive contributions that multinational enterprises can make to economic, environmental and social progress . The Guidelines are recommendations jointly addressed by governments to multinational enterprises.

18 UN Guiding Principles on Business and Human rights (2011)
GUIDELINES UN Guiding Principles on Business and Human rights (2011) It deals with the issue of human rights and transnational corporations and other business enterprises. States may breach their international human rights law obligations if they fail to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse, like enterprises.

19 Carta dei diritti sociali fondamentali dei lavoratori
E’ stata approvata nel 1989 da tutti gli Stati membri della Comunità ad esclusione del Regno Unito Ha la forma giuridica della risoluzione , cioè di un atto non vincolante L’art. 151 del Trattato sul funzionamento dell’Unione Europea (ex art. 136TUE) cita la Carta dei diritti sociali fondamentali: “La comunità e gli Stati membri, tenuti presenti i diritti sociali fondamentali quali quelli definiti dalla Carta sociale europea firmata a Torino il 18 ottobre 1961 e nella carta comunitaria dei diritti sociali fondamentali dei lavoratori del1989, hanno come obiettivi il miglioramento delle condizioni di vita e di lavoro”


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