A/HRC/34/57
Countries
concerned
Area of reform
Weakening of collective Suspension or reduction of extension procedures
bargaining
Limitation of the “after effect” of expired
collective agreements
EL
Interventions in
collective bargaining
Suspension of existing agreements
EL, PT
Limitation of the duration of agreements
EL
Weakening of trade
unions
Facilitating the conditions for non-union
employee representatives to conclude collective
agreements
EL, ES, PT
19.
Overall, the reforms have involved significant changes — sometimes even a
transformation — in domestic labour law. As a result, the level of protection of labour law
has been substantially reduced, while the possibility of trade unions protecting workers by
negotiating collective agreements has been weakened. This raises the question of the effects
of these reforms on the human rights of workers, which will be addressed in the following
section.
III. Impact of austerity-related labour law reforms on human
rights
20.
International human rights instruments contain several standards that may be
encroached upon through austerity-related labour law reforms. The International Covenant
on Civil and Political Rights, notably, embodies the rights to freedom from forced labour
and freedom of association, while the International Covenant on Economic, Social and
Cultural Rights protects the rights to work and just working conditions and contains more
detailed protections of workers’ freedom of association, including the right to strike. 15
Those rights are also protected by the fundamental conventions of the International Labour
Organisation (ILO) and the 1998 ILO Declaration of Fundamental Principles and Rights at
Work.16 Regional human rights instruments, including the African Charter on Human and
Peoples’ Rights, the American Convention on Human Rights, the Additional Protocol to the
American Convention on Human Rights in the Area of Economic, Social and Cultural
Rights “Protocol of San Salvador”, the European Convention on Human Rights and the
European Social Charter also contain relevant provisions.
21.
These standards have informed the approach of the Committee on Economic, Social
and Cultural Rights in defining the scope of States’ obligations, for example regarding the
16
8
EL, ES, PT
Limitation of arbitration
Country abbreviations: EL = Greece, ES = Spain, IE = Ireland, IT = Italy, PT = Portugal.
15
EL, PT
The Convention on the Rights of the Child (arts. 32 and 34), the Convention on the Elimination of All
Forms of Discrimination against Women (art. 11), the International Convention on the Elimination of
All Forms of Racial Discrimination (art. 5) and the Convention on the Rights of Persons with
Disabilities (art. 27) also contain work-related State obligations.
Furthermore, ILO has adopted close to 190 conventions and over 200 recommendations on labour
issues.
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