A/79/159 marginalized groups, 5 and in introducing and maintaining just and favourable conditions of work 6 for all workers. Their work therefore must be respected and protected rigorously. This means, inter alia, that States should ensure an environment free from arbitrary or undue interference, intimidation and harassment, discrimination and/or retaliatory actions, 7 including from employers and their associations. 8 They must also investigate breaches of relevant rights, punish perpetrators 9 and provide remedies for victims. 10 The wider roles of workers’ organizations, for instance, in developing and implementing a national employment strategy, 11 setting wages, 12 and addressing employment discrimination 13 should also be recognized. 5. These rights are interlinked with other human rights stipulated in the International Covenant on Civil and Political Rights. The freedom of association is a case in point as the right to form or join workers’ organizations is clearly recognized in article 22. The freedom of opinion and expression and the right of peaceful assembly are an integral part of trade union rights, 14 and the right to liberty and security of person is also pertinent in order to prevent instances of arbitrary arrest and detention, as well as enforced disappearances of workers and their representatives. 15 All of these underscore indivisibility and interdependence of human rights with regard to trade union rights, and relevant obligations emphasised by the Committee on Economic, Social and Cultural Rights above are indeed echoed by the Human Rights Committee. 16 Further, the principle of non-discrimination enshrined in both the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights means that all relevant rights must be guaranteed for all workers in all sectors, including those in the informal economy 17 and the public sector, 18 as well as foreign or migrant workers. 19 The Special Rapporteur on the rights to freedom of peaceful assembly and of association has also stressed the importance of non-discrimination on grounds such as “gender, immigration or residency status, language, social opinion, race, religion or sexual orientation”.20 6. However, trade union rights may be restricted in accordance with the law, when such restrictions are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others. 21 Similarly, the freedom of association under article 22 of the International Covenant on Civil and Political Rights can be limited on those grounds as well as the protection __________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4/21 Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), paras. 48, 51 and 54. Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 1. E/C.12/IRQ/CO/5, para. 31; E/C.12/MRT/CO/2, para. 29; E/C.12/PSE/CO/1, para. 36; E/C.12/TJK/CO/4, para. 41; and E/C.12/UKR/CO/7, para. 28. E/C.12/YEM/CO/3, para. 39; and A/71/385, para. 73. E/C.12/BRA/CO/3, para. 38; E/C.12/FRA/CO/5, para. 29; E/C.12/MNG/CO/5, para. 27; and E/C.12/MUS/CO/5, para. 35. E/C.12/CHE/CO/4, para. 37; and A/71/385, para. 73. Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 42. E/C.12/IDN/CO/2, para. 33; and E/C.12/ECU/CO/4, para. 34. E/C.12/SWE/CO/7, para. 23. E/C.12/66/5-CCPR/C127/4, para. 2. Human Rights Committee, general comment No. 35 (2014), para. 17. For instance, CCPR/C/IRN/CO/4, para. 54; CCPR/C/KOR/CO/5, para. 58; CCPR/C/BRA/CO/3, para. 60; CCPR/C/LSO/CO/2, para. 28; CCPR/C/LKA/CO/6, para. 29; and CCPR/C/QAT/CO/1, para. 41. E/C.12/BRA/CO/3, para. 30. E/C.12/IDN/CO/2, para. 39; E/C.12/SLV/CO/6, para. 37; E/C.12/CZE/CO/3, para. 27; and E/C.12/COD/CO/6, para. 40. E/C.12/IRL/CO/4, para. 33; E/C.12/QAT/CO/1, para. 43; and E/C.12/KWT/CO/3, para. 25. A/71/385, para. 63. International Covenant on Economic, Social and Cultural Rights, art. 8 (1) (a). 24-13043

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