A/79/159
of public health and morals. Article 8 (2) of the International Covenant on Economic,
Social and Cultural Rights further allows for certain lawful restrictions to be imposed
by members of the armed forces or of the police or of the administration of the St ate,
which may be extended to those providing other essential services such as fire, prison,
public health or transport services. 22 While recognizing the need for some limitations,
the Committee on Economic, Social and Cultural Rights has expressed its view that
the scope of “essential work” should be narrow, 23 and that absolute prohibition or
excessive limitations are to be avoided. 24 The exceptional nature of restrictions has
also been stressed by the Special Rapporteur on freedom of peaceful assembly and of
association. 25
7.
Other human rights instruments complement the International Convention on
Economic, Social and Cultural Rights and the International Convention on Civil and
Political Rights. Articles 5 (e) (ii) of the International Convention on the Elimination
of All Forms of Racial Discrimination, article 26 of the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families,
and article 27(1)(c) of the Convention on the Rights of Persons with Disabilities set
out clear obligations on States to recognize and respect t rade union rights for
minorities, documented and undocumented migrant workers and persons with
disabilities. Similarly, while the Convention on the Elimination of All Forms of
Discrimination against Women does not clearly recognize those rights, the Commit tee
on the Elimination of Discrimination against Women has clarified in the past that
those rights are interlinked to women’s right to take part in political and public life. 26
8.
These international human rights treaties strengthen the existing international
labour standards. Of particular importance are the ILO Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87) and the ILO Right to
Organise and Collective Bargaining Convention, 1949 (No. 98) which are regarded
as fundamental instruments, whereby all States members of ILO are expected to ratify
and implement them in accordance with the 1998 ILO Declaration on Fundamental
Principles and Rights at Work. 27 ILO has recognized trade union rights prior to the
adoption of the International Covenants on Human Rights and touches upon
additional obligations such as recognition of workers’ organizations without previous
authorization, protection from arbitrary suspension or dissolution of workers’
organizations, prohibition on anti-union discrimination, and protection from
dismissal by reason of union membership. The Committee of Experts on the
Application of Conventions and Recommendations (CEACR), which monitors the
implementation of international labour standards developed by ILO, has expressly
stated that Conventions Nos. 87 and 98 cover all workers and employers unless
__________________
22
23
24
25
26
27
24-13043
The Committee on Economic, Social and Cultural Rights defined “essential services” to mean
“services where interruption would endanger the life, personal safety or health of the whole or
part of the population”. E/C.12/VNM/CO/2-4, para. 20; and E/C.12/LKA/CO/2-4, para. 22. This
is the same definition adopted by the International Labour Organization Committee of Experts on
the Application of Conventions and Recommendations (CEACR) much earlier (see below).
Ibid.
E/C.12/CZE/CO/3, para. 26; E/C.12/BOL/CO/3, paras. 34–35; E/C.12/AZE/CO/4, para. 31; and
E/C.12/BEN/CO/3, para. 30.
A/71/385, para. 68.
Committee on the Elimination of Discrimination against Women general recommendation No. 23
(1997), para. 5.
There are additional instruments, including ILO Workers’ Representatives Convention, 1971
(No. 135) and the ILO Collective Bargaining Convention, 1981 (No. 154) as well as others
covering pertinent issues such as agriculture (ILO Right of Association (Agriculture)
Convention, 1921 (No. 11), non-metropolitan territories (ILO Right of Association
(Non-Metropolitan Territories) Convention, 1947 (No. 84), rural workers’ organizations (Rural
Workers’ Organisations Convention, 1975 (No. 141) and public employment (Labour Relations
(Public Service) Convention, 1978 (No. 151).
5/21
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