A/HRC/34/57
consultation between trade unions, employer organizations and the Government at
country level. Deference should be shown if these organizations voice significant
concerns, in particular regarding States’ international obligations in the area of
human rights and labour standards. These consultations should occur at an early
stage and substantiated objections by the competent organization should lead to the
reconsideration and redesign of the relevant policy proposal.
F.
Strengthen national and international mechanisms providing effective
remedies against labour rights violations
68.
Political mobilization and strategic litigation can serve as a local corrective to
austerity-related labour market reforms that infringe workers’ rights. Research
suggests that international financial institutions are more receptive to political
pressure by domestic trade unions than is often thought and are likely to make
concessions on labour market issues in the face of significant protest. 94 Similarly,
domestic courts, especially — but not only — constitutional courts, have been
successfully used in several countries to challenge austerity measures. Also, regional
human rights mechanism and courts are important for ensuring that economic reform
programmes remain compatible with labour rights. In the same vein, treaty bodies,
especially those vested with complaint mechanism, can provide an additional
safeguard for labour rights contained in international human rights instruments. A
step in this regard would be for States to ratify the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights so as to enable
individuals to submit complaints once domestic remedies have been exhausted.
94
22
See Teri L. Caraway, Stephanie J. Richard and Mark S. Anner, “International negotiations and
domestic politics: the case of IMF labor market conditionality”, International Organization, vol. 66,
No. 1 (2012), pp. 53-54.
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