A/HRC/20/15
detection, prevention and treatment of occupational disease and the control or prohibition of
harmful substance in the work place; pay special attention to the situation of vulnerable and
marginalized workers; and ensure adequate accountability mechanisms are in place and
remedies are available to workers.
II. Conceptual framework
6.
The right to occupational health is an integral component of the right to health. The
International Covenant on Economic, Social and Cultural Rights addresses occupational
health in article 12.2(b) and (c) and establishes that States must take steps towards the full
realization of the right to health, including the improvement of all aspects of industrial
hygiene and the prevention, treatment and control of occupational and other diseases.
General comment No. 14 of the Committee on Economic, Social and Cultural Rights
interprets article 12.2(b) of the Covenant to include safe and hygienic working conditions,
preventive measures in respect of occupational accidents and diseases and the
minimization, so far as is reasonably practicable, of the causes of health hazards inherent in
the working environment (para. 15). General comment No. 14 states that article 12.2(c) of
the Covenant requires States to make available relevant technologies, using and improving
epidemiological surveillance and data collection on a disaggregated basis (para. 16).
7.
A number of international human rights instruments address the right to
occupational health in a variety of contexts. The Universal Declaration of Human Rights
provides for the right of everyone to “just and favourable conditions of work” (art. 23).1
The Convention on the Elimination of All Forms of Discrimination against Women
establishes women‟s “right to protection of health and to safety in working conditions,
including the safeguarding of the function of reproduction” (art. 11.1(f)) and requires States
to “provide special protection to women during pregnancy in types of work proved to be
harmful to them” (art. 11.2 (d)). The International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families obliges States to “take
measures not less favourable than those applied to nationals to ensure that working and
living conditions of migrant workers and members of their families in a regular situation
are in keeping with the standards of fitness, safety, health and principles of human dignity”
(art. 70).
8.
The ILO recognizes both the right to a safe and healthy working environment and
the protection of the worker against sickness, disease and injury arising out of his
employment to be fundamental human rights. 2 The ILO defines its Decent Work agenda to
require safe and healthy work that does not expose workers to health hazards. 3 The ILO has
adopted numerous instruments ratified by varying numbers of member States that directly
address occupational health. These include the Convention on Occupational Safety and
Health, the Occupational Health Services Convention, the Working Environment (Air
Pollution, Noise and Vibration) Convention, as well as the Protection of Workers‟ Health
Recommendations. The ILO defines “health” broadly in the context of work to indicate not
merely the absence of disease or infirmity but also the physical and mental elements
1
2
3
4
See also International Covenant on Economic, Social and Cultural Rights, art. 7.
International Labour Organization (ILO), Health and life at work: A basic human right, World Day
for Safety and Health at Work, 28 April 2009, (Geneva, 2009), p. 5; ILO, ILO Introductory Report:
Global trends and challenges on occupational safety and health, XIX World Congress on Safety and
Health at Work, Istanbul, Turkey, September 2011(Geneva, 2011), p. 42; “Seoul Declaration on
Safety and Health at Work,” adopted on 29 June 2008 at the XVIII World Congress on Safety and
Health at Work.
ILO, Health and life at work: A basic human right, p. 11.
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