Professional Documents
Culture Documents
8.1
8.2
8.3
Targeted Reading
8.1
This marked a split between civil and political rights and socioeconomic rights
Others, like the right to a fair wage would fall into the second
category
7
socioeconomic
less
categorical
funds
Court
s?
I LO
UN
agenc
y
At the European
level, 1950 marked
the creation of the
European
Convention of
Human Rights (civil
and political rights
only)
Both instruments
promulgated under
the auspices of the
Council of Europe
(a completely
different
organization from
the EU).
11
0.25
12
8.2
8.2.1
8.21
Socio-Economic Rights
13
8.2
Freedom of
Association
The two relevant rights
are the right not to be
discriminated against
and the right to freedom
of association
Guarantee
The UN Declaration
contains a guarantee of
the right to freedom of
association (Art 23(4));
the ICCPR (Art 22) and
the ECHR (Art 11).
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disconnected
The right to freedom of
association is the right to
leave as well as the right to
join a trade union for
example
15
16
8.2.2
The various
socioeconomic
human rights
instruments
usually
contain the
following
rights
guarantees:-
Socio-Economic Rights
Art 26 contains a
right to dignity at
work applies to
sexual harassment
and bullying
18
8.3
8.3.1
8.3.2
8.3.3
19
20
3 Institutions
The ILO
consists of
three principal
institutions: the
International
Labour
Conference
(ILC), the
Governing
Body and the
International
Labour Office
Annual
The
International
Labour
Conference
normally
meets once a
year
Composition
It consists of
delegates
from Member
States
consisting of
two
government
representative
s and a
representative
each of
employers
and workers
associations
21
Member states
individually ratify
these conventions
Although it is open to
member states to
denounce a
Convention which
they have previously
adopted
22
23
25
26
27
28
29
30
31
32
8.3.3
33
According to this
approach
Adequate funding
provided to realize the
commitment to
workers rights
Essentially, with
increased funding and
more enforcement
powers
34
35
0.75
36
It is therefore in
states interests
to pursue market
building and
social policies
simultaneously
37
The idea of
tripartite
organization which
stresses the
importance of
procedural rights
associated with
collective
bargaining in
improving labour
standards
of procedural rights
persuasive function
Langille
accordingly
supports a model
of the ILO which
stresses its
persuasive
function and the
fact that it must
work with states to
promote
consensus on
labour standards
38
It should be
noted that these
are nevertheless
two distinct
functions
He disagrees
with the way in
which Langaille
presents his
views of the
older ILO system
39
In turn Alston
criticizes
Langilles view of
the ILO
He rejects Langilles
argument used to
support the current
arrangements on the
grounds that there is no
reason to think that
promoting social rights is
necessarily in individual
states self-interest.
Alston also
argues that
Langilles faith in
the pragmatic
capability of the
Declarations
process centred
rights is also
overstated
40
Francis Maupain
The Persuasive
Function
Maupain shares
Langilles adherence
to the persuasive
functions of the ILO
and its adherence to
the tripartite model
both in its own
internal structures
and in terms of the
rights it seeks to
vindicate
41
42
Certification