A/HRC/20/15
subject to direct State remediation include the failure of the State to implement components
of the right to occupational health and claims arising from prior State commitments to
implement the right. For example, if States fail to implement components of the right to
occupational health, such as the inclusion of informal workers in the national occupational
health policy, an appropriate remedy would be to reformulate the policy to address the
occupational health of informal workers. Alternatively, if States have established a national
social health insurance scheme covering workers in the informal economy, informal
workers must have a private right of action to ensure that they are covered and that they
receive appropriate benefits under the scheme.
V. Conclusion and recommendations
60.
The right to occupational health is an integral part of the right to health. It
complements existing occupational health approaches by addressing their deficits and
responding to the new challenges posed by globalization. The Special Rapporteur
recommends that States take the following steps in order to realize the right to
occupational health:
(a)
Extend existing occupational health laws and policies to cover the
informal workforce, and establish innovative laws and policies to support direct
occupational health interventions in the informal economy, with special attention paid
to its gendered aspects. This should include:
•
Social health insurance programmes that cover all informal workers,
which, to the greatest extent possible, must be tailored to address the
specific occupational health risks faced by informal workers in their
respective sectors;
•
Occupational health services that are provided where informal workers
work;
•
Primary healthcare interventions that are designed to educate and train
informal workers about occupational health.
(b)
Ensure that in cases where work is contractualized or informalized that
workers do not lose protections under existing occupational health laws and policies.
(c)
Ensure mechanisms are in place to facilitate the active and informed
participation of workers, particularly informal workers, in the formulation and
implementation of occupational health laws and policies in a fair and transparent
process. These should include:
•
Direct and ongoing participation of existing workers’ groups, including
trade unions and informal worker organizations, in law- and
policymaking bodies at all levels of government;
•
Mechanisms by which workers may voice concerns and complaints
regarding the content of occupational health laws and policies directly to
relevant parties;
•
Mechanisms by which workers may communicate occupational health
risks to the State and to other workers without risk of termination or
prosecution;
•
Laws and policies that prioritize workers’ right to information affecting
their occupational health over employers’ rights to protect commercial
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