A/HRC/42/41 sustainable development achieved, rights holders must be involved and participation by workers throughout the system should be upheld. 62 66. States are obliged to protect, promote, respect and fulfil the rights to freedom of association, to organize and to collective bargaining through effective legislation, regulation and policies. They must ensure that everyone can exercise the right to freedom of association in the workplace without discrimination. 63 It is worth noting that according to the interpretation of the Inter-American Court of Human Rights, the right of assembly, relevant to the right to organize, does not necessarily involve the creation of or participation in an entity or organization, but can be expressed in a sporadic meeting or assembly for very diverse purposes, as long as it is peaceful and in keeping with the Convention.64 67. Businesses should equally meet their obligations to respect the rights of workers to freedom of association, to organize and to collective bargaining. In addition, States should fulfil their role in preventing or halting violations of these rights by businesses and other parties. Businesses should make arrangements at the level of the enterprise for workers or their representatives and, as the case may be, their representative organizations to inquire into, and be consulted by the employer on, all aspects of occupational safety and health associated with their work; for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking. 65 68. Special attention should be paid by States to address the limited ability of female workers and other classes of workers at heightened risk to take action to defend their rights. For example, in certain contexts unions may not adequately address women’s specific concerns. Unions may face difficulties in recruiting women or women may feel disinclined to engage in debates about working condition due to cultural stigmatization of outspoken women. Principle 11 – Workers, representatives of workers, whistle-blowers and rights defenders must all be protected from intimidation, threats and other forms of reprisals. Commentary 69. Empowering rights holders, particularly those most at risk, to defend their rights helps States meet their obligations under human rights law and upholds the principle of accountability and the rights to information and an effective remedy, among others. Workers should be encouraged to raise concerns in order to ensure that they themselves and their co-workers are protected. 70. For workers to enjoy their right to safe and healthy work, workers or their representatives must be able to raise their concerns with employers, their co-workers, the press, the public and government agencies without fear of retaliation. Workers, whistleblowers and human rights defenders must be free from intimidation, threats and other reprisals for exercising their rights and defending the rights of those who are, or may be, victims of occupational exposures to toxic and otherwise hazardous substances. However, numerous campaigns have sought to exploit the financial insecurity of workers by threatening that job losses would result from the competitive disadvantage of providing greater protection from exposure. 71. The threat of loss of employment or income should never be used to gain an advantage when trying to reach an agreement on protecting the rights of workers to safe and healthy work. This includes threats by employers to move jobs abroad. 62 63 64 65 Promotional Framework for Occupational Safety and Health Convention. For example, on the grounds of type of work or employment, nature of the workplace, enterprise or sector, or immigration or other status. American Convention on Human Rights, arts. 15 and 16; and Inter-American Court of Human Rights, Escher et al. v. Brazil, Judgment of 6 July 2009. Convention concerning Occupational Safety and Health and the Working Environment, arts. 19 (e) and 20. 15