A/HRC/4/37
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work […]” (art. 7) and the right of everyone to “form trade unions and join the trade union of his
choice, subject only to the rules of the organization concerned, for the promotion and protection
of his economic and social interests […]” (art. 8).
49.
The question of labour rights is the most prevalent issue when it comes to alleged
violations against defenders working on ESCR (115 cases). The alleged violations are very
serious and include summary executions, torture, violent repressions and death threats.
50.
Repression of defenders working on labour rights, especially to those working on this
issue through trade unions, is prevalent in a large number of countries. During each of her
official country visits, the Special Representative has met with trade union activists who have
reported violations of the rights recognized by the Declaration on Human Rights Defenders.
However, with respect to cases reported to the Special Representative, it is in Latin America that
most threats to the physical integrity of trade union activists have been reported.
51.
Defenders working on labour rights remain the most vulnerable group and 190
communications have been sent concerning defenders who have been killed because of their
work in this field. Over a period of 10 months from January through October 2001, the Special
Representative has received reports of 112 trade union activists assassinated in Colombia alone.
She was also informed of 11 cases of assassinations in the Philippines in 2006. These figures do
not include unsuccessful assassination attempts or death threats.
52.
The majority of the defenders who work on labour rights do so within the framework of
trade union work. Many Governments are not willing to view trade union activists as defenders
of the right to work and all the rights connected to it, such as the right to form trade unions and
the right to strike. In the majority of the cases where the Special Representative has sent
communications to Governments on attacks or threats against trade union members, the
authorities are alleged to have been behind these threats and attacks. After her visit to Nigeria
in 2005, the Special Representative reported that raids by security forces against unions appeared
to be a common practice (see E/CN.4/2006/95/Add.2).
53.
The Special Representative has addressed cases where journalists are working to promote
the rights of workers through investigative journalism. One example is the case of a
correspondent for the newspaper La Tribune in Lumumbashi, Democratic Republic of
the Congo, who reportedly published an article on 5 June 2003 on the poor working conditions
of miners in Likasi. Subsequently, the journalist was sentenced to five years in prison for
“criminal defamation”.
3. Marriage, mothers and children
54.
Article 10 of the ICESCR is primarily concerned with protecting children and affords the
widest possible protection and assistance to the family particularly while it is responsible for the
care and education of independent children. It also provides protection to children and young
persons from economic and social exploitation. Children’s rights are most comprehensively set
forth in the Convention on the Rights of the Child (CRC), which enjoys almost universal
ratification.
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