A/HRC/45/8
Employment Promotion and Protection against Unemployment Convention 1988 (No. 168)
complements the Covenant, as it provides detailed guidance on a wider range of measures
to be taken by States parties to tackle unemployment. Other relevant instruments include
the Convention on the Elimination of All Forms of Discrimination against Women (art. 11),
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (art. 54) and the Convention on the Rights of Persons with
Disabilities (art. 27).
75.
In devising a strategy or policy on unemployment, the principle of nondiscrimination must be respected. In practical terms, States must ensure that mechanisms
such as income support, tax credit, debts relief and social security benefits can be accessed
by all workers, regardless of their status.
76.
Not all States are able to provide such assistance, given the complex economic
challenges and uncertain future they face. Nevertheless, the progressive realization of
economic and social rights, including the right to work, is recognized in article 2 of the
International Covenant on Economic, Social and Cultural Rights. States parties therefore
have an obligation to take steps107 to fully realize the right to work, which includes taking
measures to combat unemployment caused by the COVID-19 pandemic. Such steps should
be ���deliberate, concrete and targeted as clearly as possible”.108 As noted above, one way to
address States’ lack of resources to take appropriate measures to mitigate the impacts of
COVID-19 is to make proactive use of the criminal assets confiscated from individuals and
legal persons prosecuted for crimes related to contemporary forms of slavery.
77.
For those businesses which are still operating during COVID-19, States should
secure equal access to employment opportunities. They should also ensure that employers
pay fair wages for the work rendered, in accordance with relevant international and regional
instruments. In addition, just and favourable conditions of work, 109 including measures to
protect workers from exposure to COVID-19, rest, leisure and paid holidays, should be
implemented without discrimination. Imposing dissuasive penalties for breaching criminal
and labour legislation, and self-reporting by businesses, particularly those in the same
supply chains, of steps being taken to tackle contemporary forms of slavery, 110 are useful
ways to discourage businesses and employers from violating labour laws and standards and
engaging in practices that could amount to contemporary forms of slavery.
78.
It is encouraging that some good practices are emerging globally at the national
level. As at June 2020, 190 States and territories had planned, introduced or adopted 937
protection measures in response to COVID-19.111 In Europe, among those brought to the
attention of the Special Rapporteur were steps taken by Italy and Portugal, as well as other
European Union States, to regularize the situation of non-residents and provide access to
health services, social security and stability in employment and housing. 112 In Africa, Cabo
Verde and Togo reportedly granted financial assistance to informal workers, 113 and in
Senegal, civil society organizations collaborated with the Government to ensure that the
needs of talibe subjected to forced child begging were included in national response
programmes to COVID-19.114 In Latin America, Mexico is developing a strategy to offer
support to small business owners and the most marginalized individuals living in poverty, 115
and Peru has created a bond to protect 3 million vulnerable families and is advancing
107
108
109
110
111
112
113
114
115
16
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of
States parties’ obligations, para. 2.
Ibid.
International Covenant on Economic, Social and Cultural Rights, art. 7.
Guiding Principles on Business and Human Rights, principles 1 and 3.
Information received from ILO.
European Union, COVID-19’s impact on migrant communities, 24 June 2020. Available at
https://ec.europa.eu/migrant-integration/news/covid-19s-impact-on-migrant-communities.
ILO, “Social protection responses to COVID-19 crisis around the world”. Available at www.socialprotection.org/gimi/ShowWiki.action?id=3417.
Submission from Anti-Slavery International.
Submission from Mexico.
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