A/HRC/34/57
(c)
Be based on a solid methodology, involving both quantitative and
qualitative analysis;
(d)
Involve a procedure that ensures the independence of the actors
conducting the assessment;
(e)
Involve consultation with all stakeholders, in particular trade unions and
employers’ organizations, as well as relevant international organizations with relevant
expertise, such as ILO;
(f)
Contain follow-up mechanisms to ensure that the result of the
assessment effectively informs policymaking.
Furthermore, the human rights impact of larger reforms should be monitored
periodically and measures should be reconsidered if they produce adverse effects on
human rights that cannot be adequately prevented or mitigated.
B.
Cushion adverse effects through a robust social security net
60.
Economic adjustment programmes typically entail negative effects on workers’
economic situation that need to be mitigated through a robust social security net. It is
all the more problematic that the downscaling of employment protection legislation
has often been accompanied by austerity measures that have weakened employment
and the benefits of social security nets. In order to comprehensively address the needs
of workers, including the unemployed, States should adopt a comprehensive social
security policy and, despite fiscal constraints, allocate the necessary budget for this
purpose. There is increasing evidence that such strategies not only have a key role in
terms of protecting workers, but are also conducive to sustainable economic
recovery. 91 Some international and regional financial institutions have increasingly
developed programmes to assist States in strengthening their social protection
systems. This should become a more coherent practice, not only for countries
undergoing economic adjustments.
C.
Ensure consultation with social partners and civil society
61.
Employers and trade union organizations have particular knowledge of the
workplace reality and have a key role to play in realizing human rights at work. In a
number of countries, they play an important role in terms of mitigating the adverse
effects of economic and financial crises by agreeing on flexible and tailor-made
temporary workplace arrangements, while facilitating the protection of workers and
giving a voice to those affected by the measures. The importance of national and
sectoral collective bargaining cannot be understated here. They can often also detect
problems relating to labour market reform proposals, including those that may have
possible adverse impacts on workers’ human rights, in practice. Borrowing States and
lending financial institutions should therefore consult with relevant and
representative trade unions and employers’ organizations about any reforms prior to
their implementation.
62.
Governments should respect all collective agreements that have been concluded
and, in particular, avoid derogating from them in a unilateral manner. Also, national
91
20
See Isabel Ortiz and others, “The decade of adjustment: a review of austerity trends 2010-2020 in 187
ountries”, Extension of Social Security Working Paper, No. 53 (ILO, Columbia University and The
South Centre, 2015), pp. 44-46.
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