A/HRC/20/15
temporary, self-employed or contingent workers. While such workers are not technically
part of the informal economy because their work and workplaces are likely to be still
regulated, they may face difficulties similar to those faced by informal workers. For
example, in many developed economies, employers are not required to provide health
benefits to part-time and temporary employees. Both contractualization and the trend
towards replacing standard work with atypical work often represent attempts by employers
to evade their responsibility under existing occupational health regimes.
15.
The right to health requires States to pay special attention to the needs of vulnerable
and marginalized groups. Most workers in the informal economy face significant social and
economic difficulties. These include lack of legal protection, lack of access to formal
financial services, lack of social protection or social health insurance afforded to formal
sector employees, exposure to harsh law enforcement, lack of job security, discrimination
and others. Moreover, many workers in the informal economy often face increased risk of
occupational disease and injury as compared to formal workers. In some cases when
informal workers are injured, they are not granted compensation for their injuries. 18 As a
result, informal workers are amongst the least secure and most vulnerable of all workers,
and thus require special attention under the right to occupational health.
16.
Though there are regional variations, women are more likely than men to work
within the informal economy than in the formal economy.19 And, like the formal economy,
the informal economy is highly segmented in terms of gender. Approximately two-thirds of
all female workers in the developing world work in the informal economy (not including
agriculture). Moreover, women earn less than men, and are in lower paid and less skilled
jobs.20
17.
More research about the informal economy and informal workforce is needed at the
local and national levels. The lack of disaggregated data, in particular, prevents States from
understanding the demographic landscape of the informal economy and the particular
vulnerabilities faced by informal workers. States must systematically engage informal
workers in order to effectively conduct human rights and health impact assessments and
risk surveillance, with a view to identifying and controlling known risks, as well as
epidemiological and disease surveillance to detect and manage disease and prevent long
term risks.
18.
Informal work and workplaces do not fall under the purview of existing national
occupational health laws therefore the employer-employee relationship in the informal
economy goes unregulated. States have an obligation to fulfil workers‟ right to health
through direct occupational health interventions in the informal economy. In some
instances, this may require formalization through the introduction or extension of
occupational health regulations into the informal economy. The ILO and other
organizations have attempted to address the occupational health vulnerability of informal
workers by implementing programmes in coordination with national governments aimed at
reaching informal workers. These include the integration of occupational health services
into primary health-care services;21 participatory health and safety training programmes for
18
19
20
21
Rene Loewenson, “Health impact of occupational risks in the informal sector in Zimbabwe,”
International Journal of Occupational and Environmental Health, vol. 4, No. 4 (1998), pp. 264-274.
ILO, Women and men in the informal economy, p. 8.
Mary Cornish, “Realizing the right of women to safe work – Building gender equality into
occupational safety and health governance,” ILO concept note, XVIII World Congress on
Occupational Safety and Health, Seoul, 29 June-2 July 2008, p.10.
ILO, “Report on the thirteenth session of the joint ILO/WHO Committee on Occupational Health,”
Geneva, 9-12 December 2003 (GB.289/STM/7); Tsuyoshi Kawakami, “Participatory approaches to
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