E/C.12/GC/23
United Nations
Economic and Social Council
Distr.: General
27 April 2016
Original: English
Committee on Economic, Social and Cultural Rights
General comment No. 23 (2016) on the right to just and
favourable conditions of work (article 7 of the International
Covenant on Economic, Social and Cultural Rights)
I.
Introduction
1.
The right of everyone to the enjoyment of just and favourable conditions of work is
recognized in the International Covenant on Economic, Social and Cultural Rights and
other international and regional human rights treaties,1 as well as related international legal
instruments, including conventions and recommendations of the International Labour
Organization (ILO).2 It is an important component of other labour rights enshrined in the
1
2
See Universal Declaration of Human Rights, arts. 23 and 24; International Convention on the
Elimination of All Forms of Racial Discrimination, art. 5; Convention on the Elimination of All
Forms of Discrimination against Women, art. 11; Convention on the Rights of the Child, art. 32;
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, art. 25; Convention on the Rights of Persons with Disabilities, art. 27; European
Social Charter (Revised), Part I, paras. 2, 3, 4, 7 and 8; and Part II, arts. 2, 3 and 4; Charter of
Fundamental Rights of the European Union, arts. 14, 23, 31 and 32; Additional Protocol to the
American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, art. 7;
and African Charter on Human and Peoples’ Rights, art. 15. The wording of the provisions in the
various treaties differs. The European instruments are broader in the protections offered, while the
African Charter includes the narrower requirement of “equal pay for equal work”.
Although many ILO conventions relate directly and indirectly to just and favourable conditions of
work, for the present general comment, the Committee has identified the following as relevant: Hours
of Work (Industry) Convention, 1919 (No. 1); Weekly Rest (Industry) Convention, 1921 (No. 14);
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26); Hours of Work (Commerce and
Offices) Convention, 1930 (No. 30); Forty-Hour Week Convention, 1935 (No. 47); Protection of
Wages Convention, 1949 (No. 95); Minimum Wage Fixing Machinery (Agriculture) Convention,
1951 (No. 99); Equal Remuneration Convention, 1951 (No. 100); Weekly Rest (Commerce and
Offices) Convention, 1957 (No. 106); Discrimination (Employment and Occupation) Convention,
1958 (No. 111); Minimum Wage Fixing Convention, 1970 (No. 131); Holidays with Pay Convention
(Revised), 1970 (No. 132); Minimum Age Convention, 1973 (No. 138); Hours of Work and Rest
Periods (Road Transport) Convention, 1979 (No. 153); Occupational Safety and Health Convention,
1981 (No. 155); Protocol of 2002 to the Occupational Safety and Health Convention, 1981; Workers
with Family Responsibilities Convention, 1981 (No. 156); Night Work Convention, 1990 (No. 171);
Part-Time Work Convention, 1994 (No. 175); Maternity Protection Convention, 2000 (No. 183);
GE.16-05357(E)