A/HRC/34/57
right to work. In this regard, the Committee has adopted a holistic reading of the right to
work, which is informed, but not necessarily restricted, by the scope of related ILO
conventions and includes certain obligations that must be implemented immediately, such
as the adoption of an employment policy, and others that are progressive in nature. 17
22.
States do have some flexibility with regard to responding to financial crises and in
times of economic hardship. When necessary, international human rights law does not rule
out that States may have to take retrogressive measures contrary to their general obligations
in order to realize progressively economic, social and cultural rights. However, States must
always avoid taking deliberately retrogressive measures without carefully considering less
harmful alternatives and providing a justification. When a State seeks to introduce
retrogressive measures, it must demonstrate that such measures are temporary, necessary
and non-discriminatory, and that they respect at least its core obligations.18
23.
In other words, labour rights contained in international human rights treaties may be
encroached upon, but only under very strict conditions, and core obligations must always be
respected. For example, in relation to the right to just and favourable conditions of work
and the right to work, the Committee identified as core obligations that States should
establish minimum wages that are non-discriminatory and non-derogable and indexed to the
cost of living so as to ensure a decent living for workers and their families and ensure nondiscrimination and equal protection of employment and the right of access to employment,
especially for disadvantaged and marginalized individuals and groups. 19
24.
International financial institutions and national development banks must also respect
labour rights when providing loans to States and imposing the condition to implement
certain fiscal and macroeconomic reform policies. The Committee on Economic, Social and
Cultural Rights has explicitly stressed that international financial institutions should pay
greater attention to the protection of the right to work in their lending policies and credit
agreements and that particular efforts should be made to ensure that this right is protected in
all structural adjustment programmes.20
25.
If implemented, fiscal consolidation programmes must fully respect human rights
standards as must borrowing States and lenders, including lending international
organizations and States. Both lenders and borrowers have an obligation to carry out a
human rights impact assessment prior to the provision of a loan, in order to ensure that the
conditionalities do not disproportionately affect economic, social and cultural rights nor
lead to discrimination.21
A.
Driving States into conflict with their international obligations
26.
Austerity measures and economic reform programmes have often conflicted with the
human rights obligations of States. These range from minor interferences with to complete
negation of relevant rights and cover a number of issues.
27.
In several instances, the economic adjustment reforms undertaken by States have
created tension with regard to the right to fair remuneration. For example, the Committee
on Economic, Social and Cultural Rights has repeatedly expressed its concern that the
17
18
19
20
21
See Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right
to work.
See general comment No. 23 (2016) on the right to just and favourable conditions of work, para. 52.
Ibid., para 65; and general comment No. 18, para. 31 (a).
See general comments No. 18, para. 53; and No. 23, para. 71.
See A/HRC/20/23; E/C.12/2016/1, in particular para. 11; and A/HRC/21/39, para. 92.
9
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