A/HRC/20/15 subject to direct State remediation include the failure of the State to implement components of the right to occupational health and claims arising from prior State commitments to implement the right. For example, if States fail to implement components of the right to occupational health, such as the inclusion of informal workers in the national occupational health policy, an appropriate remedy would be to reformulate the policy to address the occupational health of informal workers. Alternatively, if States have established a national social health insurance scheme covering workers in the informal economy, informal workers must have a private right of action to ensure that they are covered and that they receive appropriate benefits under the scheme. V. Conclusion and recommendations 60. The right to occupational health is an integral part of the right to health. It complements existing occupational health approaches by addressing their deficits and responding to the new challenges posed by globalization. The Special Rapporteur recommends that States take the following steps in order to realize the right to occupational health: (a) Extend existing occupational health laws and policies to cover the informal workforce, and establish innovative laws and policies to support direct occupational health interventions in the informal economy, with special attention paid to its gendered aspects. This should include: • Social health insurance programmes that cover all informal workers, which, to the greatest extent possible, must be tailored to address the specific occupational health risks faced by informal workers in their respective sectors; • Occupational health services that are provided where informal workers work; • Primary healthcare interventions that are designed to educate and train informal workers about occupational health. (b) Ensure that in cases where work is contractualized or informalized that workers do not lose protections under existing occupational health laws and policies. (c) Ensure mechanisms are in place to facilitate the active and informed participation of workers, particularly informal workers, in the formulation and implementation of occupational health laws and policies in a fair and transparent process. These should include: • Direct and ongoing participation of existing workers’ groups, including trade unions and informal worker organizations, in law- and policymaking bodies at all levels of government; • Mechanisms by which workers may voice concerns and complaints regarding the content of occupational health laws and policies directly to relevant parties; • Mechanisms by which workers may communicate occupational health risks to the State and to other workers without risk of termination or prosecution; • Laws and policies that prioritize workers’ right to information affecting their occupational health over employers’ rights to protect commercial 19

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