E/C.12/GC/23 II. Normative content 5. The right to just and favourable conditions of work is a right of everyone, without distinction of any kind. The reference to “everyone” highlights the fact that the right applies to all workers in all settings, regardless of gender, as well as young and older workers, workers with disabilities, workers in the informal sector, migrant workers, workers from ethnic and other minorities, domestic workers, self-employed workers, agricultural workers, refugee workers and unpaid workers. The reference to “everyone” reinforces the general prohibition on discrimination in article 2 (2) and the equality provision in article 3 of the Covenant, and is supplemented by the various references to equality and freedom from distinctions of any kind in sub-articles 7 (a) (i) and (c). 6. Article 7 identifies a non-exhaustive list of fundamental elements to guarantee just and favourable conditions of work. The reference to the term “in particular” indicates that other elements, not explicitly referred to, are also relevant. In this context, the Committee has systematically underlined factors such as the following: prohibition of forced labour and social and economic exploitation of children and young persons; freedom from violence and harassment, including sexual harassment; and paid maternity, paternity and parental leave. A. Article 7 (a): remuneration which provides all workers, as a minimum, with: 1. Remuneration 7. The term “remuneration” goes beyond the more restricted notion of “wage” or “salary” to include additional direct or indirect allowances in cash or in kind paid by the employer to the employee that should be of a fair and reasonable amount, such as grants, contributions to health insurance, housing and food allowances, and on-site affordable childcare facilities.6 8. It is clear that the reference to “a minimum” in article 7 (a) is designed to ensure that the article should in no case limit efforts to improve remuneration to a level above those standards.7 This minimum applies to “all workers”, reflecting the term “everyone” in the chapeau. 9. The minimum criteria for remuneration are: fair wages, equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work (art. 7 (a) (i)); and a decent living for workers and their families (art. 7 (a) (ii)). 2. Fair wages 10. All workers have the right to a fair wage. The notion of a fair wage is not static, since it depends on a range of non-exhaustive objective criteria, reflecting not only the output of the work but also the responsibilities of the worker, the level of skill and education required to perform the work, the impact of the work on the health and safety of the worker, specific hardships related to the work and the impact on the worker’s personal 6 7 This understanding is supported by article 1 (a) of the ILO Equal Remuneration Convention, 1951 (No. 100), which has been ratified by 171 States. See Travaux Préparatoires A/2929 (1955), para. 5. See also Matthew Craven, The International Covenant on Economic, Social, and Cultural Rights: A Perspective on Its Development (Oxford, Clarendon Press, 1995), chap. 6, sect. II.B. 3