A/HRC/31/32
ensure that everyone benefits from a protection system that promotes equal access to
employment under just and favourable conditions and that no one is unfairly deprived of
work.13
16.
The ILO Committee of Experts on the Application of Conventions and
Recommendations, in its 2010 General Survey, recommended that States adopt the
following approach: (a) a policy commitment to obtaining full employment, reflected in
legislation; (b) the establishment of institutions focused on full employment, such as job
services, social dialogue mechanisms and professional and technical training, and initiatives
to foster small and medium enterprises and cooperatives; (c) deploying the best possible
efforts of these institutions and structures in macroeconomic, trade, investment and
industrial promotion policies, with regular monitoring. In the light of article 3 of
Convention No. 122, the Committee stressed the importance for representatives of those
affected, especially representatives of employers and workers, to be consulted prior to the
formulation and during the application of these policies, including representatives of the
rural sector and of the informal economy.
17.
Although international law does not prescribe any particular economic model,
policies towards full and productive employment should meet the qualitative requirements
of just and favourable conditions14 or conditions safeguarding fundamental political and
economic freedoms to the individual 15 so that individuals can develop and update the
necessary capacities and skills they need to enable them to be productively occupied for
their personal fulfilment and the common well-being.16
18.
Consequently, policies that result in the proliferation of precarious jobs would not be
in line with the right to work. 17 The mere reduction of unemployment does not always fulfil
the right to work, as policies need to meet qualitative requirements in relation to just and
favourable conditions and content of work.18 The Committee on Economic, Social and
Cultural Rights has stressed that the State should ensure that measures aimed at increasing
the flexibility of the market do not undermine workers’ rights.19 Human rights norms
proscribe the adoption of retrogressive measures on labour protection under the guise of
creating jobs, the effectiveness of which has been persuasively discredited by recent ILO
studies.20 States have a duty to take into account their legal obligations when concluding
bilateral or multilateral agreements with other States, international organizations and
multinational entities.21 Full employment must include non-salaried forms of employment
13
14
15
16
17
18
19
20
21
Ibid., paras. 4, 6 and 20.
Universal Declaration of Human Rights, art. 23.
International Covenant on Economic, Social and Cultural Rights, art. 6 (2).
ILO Declaration on Social Justice for a Fair Globalization.
ILO, World Employment and Social Outlook 2015: The Changing Nature of Jobs (Geneva, 2015),
preface.
See, for example, Committee on Economic, Social and Cultural Rights, concluding observations on
the Plurinational State of Bolivia (E/C.12/BOL/CO/2) and Ethiopia (E/C.12/ETH/CO/1-3), stating
that economic growth had not been used to create decent jobs and recommending the adoption of firm
and sustained measures to tackle precarious employment. The Committee recommended that Spain
avoid any step backwards in the field of employment, including with regard to the protection of
labour rights (E/C.12/ESP/CO/5). It also recommended that the Czech Republic assess the impact of
the economic and fiscal measures taken during the financial and economic crisis on the labour market
and on the enjoyment of the right to work (E/C.12/CZE/CO/2).
General comment No. 18, para. 25. In its submission Brazil emphasizes the integration of
macroeconomic employment policies with labour, social and educational policies around the Decent
Work Agenda, while Mexico incorporated the concept of decent work into its labour law.
ILO, World Employment and Social Outlook, pp. 118-129.
General comment No. 18, para. 33.
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