INTERNATIONAL LABOUR LAW SOURCES

1. INTERNATIONAL LABOUR LAW SOURCES UN CEDU, European Social Charter,

2. UNIVERSAL DECLARATION OF HUMAN RIGHTS The UDHR wasproclaimed by the United Nations General Assembly in Paris on 10 December 1948 The Declarationdoesnothave a legallybindingcharacter, but the rightsthereinhave graduallybeencodified in a series of international human rightsconventions (to be ratified). At least part of the rightsenshrined in the Declarationrepresentcustomaryinternational law and assuch are universallybinding. The UN General Assembly considersthatall UN memberstateshave an obligation to promote and protect human rights and fundamental freedomsasdefined in the Declaration,

3. UNIVERSAL DECLARATION OF HUMAN RIGHTS • A significantnumber of social rightsispresent in the Declaration • Article 4. • No oneshall be held in slavery or servitude; slavery and the slave tradeshall be • prohibited in alltheirforms. • Art. 23 • 1) Everyonehas the right to work, to free choice of employment, to just and • favourableconditions of work and to protectionagainstunemployment.(2) Everyone, withoutanydiscrimination, has the right to equalpay for equal work.(3) Everyonewhoworkshas the right to just and favourableremunerationensuring • for himself and his family an existenceworthy of human dignity, and supplemented, • ifnecessary, by othermeans of social protection.(4) Everyonehas the right to form and to join tradeunions for the protection of hisinterests.

4. International Covenant on Economic, Social and Cultural Rights • Preamble • «Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights». • It indicates that social rights constitute the condition for enjoying freedom and for the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human kind

5. International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rightsis an internationalTreatysigned in 1966 In Italyithasbeenratified with the in law no. 881 of 1977 Art. 4 recognizes: The right to work, whichincludes the right of everyone to the opportunity to gain his living by work which he freelychooses or accepts, and will take appropriate steps to safeguardthis right. Art. 8 recognizes: a)The right of everyone to formtradeunions and join the trade union of hischoice b)The right of tradeunions to establishnationalfederations or confederations and the right of the latter to form or join internationaltrade-union organizations; c) The right of tradeunions to functionfreely d) The right to strike

6. International Covenant on Economic, Social and Cultural Rights Article 7  The States Parties to the presentCovenantrecognize the right of everyone to the enjoyment of just and favourableconditions of work whichensure, in particular:  (a) Remunerationwhichprovidesallworkers, as a minimum, with:  (i) Fair wages and equalremuneration for work of equalvaluewithoutdistinction of anykind, in particularwomenbeingguaranteedconditions of work notinferior to thoseenjoyed by men, with equalpay for equal work;  (ii) A decent living for themselves and their families in accordance with the provisions of the presentCovenant;  (b) Safe and healthyworkingconditions;  (c) Equalopportunity for everyone to be promoted in hisemployment to an appropriate higherlevel, subject to no considerationsotherthanthose of seniority and competence;  (d ) Rest, leisure and reasonablelimitation of working hours and periodicholidays with pay, aswellasremuneration for public holidays .

7. International Covenant on Economic, Social and Cultural Rights Supervision mechanisms The Committee on Economic, Social and Cultural Rights(CESCR) is the body of independentexpertsthatmonitors the implementation of the International Covenant on Economic, Social and Cultural Rights AllStates parties are obliged to submit regular reports to the Committee on how the rights are beingimplemented. States must report initiallywithintwoyears of accepting the Covenant and thereaftereveryfiveyears. The Committeeexamineseach report and can addressesrecommendations to the State party in the form of “concludingobservations”. The CESR can receivecomplaintsalso from individuals.

8. European Convention for the Protection of Human Rights and FundamentalFreedoms (1950) It’sam International Treatysigned in Rome in 1950 by the States of the Council of Europe (47) It’scontentisbasicallyis on ARTICLE 4 Prohibition of slavery and forcedlabour No oneshall be held in slavery or servitude. ARTICLE 11 Freedom of assembly and association 1. Everyonehas the right to freedom of peacefulassembly and to freedom of association with others, including the right to form and to join tradeunions for the protection of hisinterests Il divieto di ogni discriminazione nel godimento delle libertà e dei diritti riconosciuti nella Convenzione, fondata sul sesso, la razza, la lingua, la religione, le opinioni politiche o quelle di altro genere, l’origine nazionale o sociale, l’appartenenza a una minoranza nazionale, la ricchezza, la nascita od ogni altra condizione . L'Unione Europea con il Trattato di Lisbona (art. 6TUE) aderisce alla CEDU. Tale adesione non modifica le competenze dell'Unione definite nei trattati. I diritti fondamentali della CEDU fanno parte del diritto dell’Unione in quanto Principi generali

9. European Convention for the Protection of Human Rights and FundamentalFreedoms (1950) ARTICLE 14 Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be securedwithoutdiscrimination on anygroundsuchas sex, race, colour, language, religion, political or other opinion, national or social origin, association with a nationalminority, property, birth or other status Specificjurisdictionalinstitution: The European Court of Human Rightsis an international court set up in 1959 Itrules on individual or state applicationsallegingviolations of the civil and politicalrightsenshrined in the ECHR Anyperson, group or non-governmentalorganization can submit a complaint (“the applicant”) aginst a State member on the Council of Europe, after the exhaustion of domesticremedies.

10. European Convention for the Protection of Human Rights and FundamentalFreedoms (1950) Art. 6 Treaty of the European Union. The Union shallrespectfundamentalrights, asguaranteed by the European Convention for the Protection of Human Rights and FundamentalFreedomssigned in Rome on 4 November 1950 and astheyresult from the constitutionaltraditions common to the MemberStates, as general principles of Community law. However, when the negotiatedagreementwas put to the European Court of Justice for opinion, itruled (in December 2015) that the agreementdidnotprovide for sufficientprotection of the EU'sspecificlegalarrangements and the Court’s exclusivejurisdiction.  For the time being, no new accessionagreementhasbeendrafted, butboth the Parliament and the Commissionunderline the need for EU accession. Scholarsremaindivided, some consideringthataccession wouldbringaddedvalue, whilstothers express the viewthataccessionwouldactually do more harmthangood to EU citizens

11. European social charter • It’s an International Treatysigned in Turin in 1961 and amended in 1996 • Ithasbeensigned by 43 (out of 47) of the Statesmembers of the Council of Europe • Ratification procedure • Itguaranteesfundamental social and economicrightsas a counterpart to the European Convention on Human Rights, whichrefers to civil and politicalrights. The European Social charteisbinding for the Stateswhosignedit and therefore A supervisorymechanismis set up N.B.

12. European social charter • Social cohesion • Social security • Family asssistance • Elderpeopleassistance • Disabledpersonshave the right • to independence, social integration • Workingconditions • Freedom of assciation • right to bargaincollectively. • Non discrimnation and • of treatemenequalopportunity • Sufficientwages • Rights of information and • consultation Memberstates can choose and selectwhichrightstheywillimplement by ratification A core group of rightsismandatorilyimplemented N.B.

13. European social charter Periodical reports by state Observations by NGO, unions and employer’s association Supervisorymechanisms Europeancommitte of social rigts The Committeereviewscompliance with the Social Charter Governmentalcommitte In case of on-compliance, itmay propose that the Committee of Ministersaddress a Recommendation to the State concerned. Committee of MInisters Adoptresolutionsat the endo of cycle and issuesrecommendation to the States

14. Social clause The social clause is a clause imposing the application of the core labour standard (typically those defined in 1998 ILO Declaration, or in the UN Covenant) that can be inserted in international trade Treaties. The signatory countries can have access to the condition set by the Treaties (like Preferential tariffs) only if they guarantee the application of the core labour standard Referred in the social clause. The aim is to guarantee (indirectly) the application of core labour standard in the Countries (often third world countries) that are signatory of the commercial Treaties. Questionsabout social causes: Effectiveness Sanctions Weakness of internationallabour law system

15. Social clause Many bilateral agreements – for instance, the trade agreements between EU and Canada, Japan and Singapore – include an explicit reference to the UN Declaration in their preamble. The standard human rights clause is included in many framework or trade agreements : eg. EU agreements with the Republic of Korea (2010), Central America (2012), Colombia and Peru (2012), Georgia (2013) and Moldova (2013)), contains an explicit reference to the UN Declaration as the normative framework of reference for respecting human rights.

16. Codes of conduct Codes of conduct are a set of rules that each enterprise (typically multinationals enterprises) voluntarily and autonomously defines as an expression of the Corporate Social Responsibility (CSR). In the codes of Conduct the enterprise or company declares to its stakeholders which social rights will be protected in each establishment. External Codes : they are freely adopted by the enterprise but are composed by subject external to the enterprise (Consumers associatio per orientarne i comportamenti Internalcodes: they are defined by eachenterprise and constitute a set of values and goodpractisesthateachenterprisehaschosen.

17. GUIDELINES OECD guidelines for multinational enterprises of 1976 (last rev. 2011) The aim of the governments adhering to the Guidelines is to encourage the positive contributions that multinational enterprises can make to economic, environmental and social progress . The Guidelines are recommendationsjointlyaddressed by governments to multinationalenterprises.

18. GUIDELINES UN Guiding Principles on Business and Human rights (2011) Itdeals with the issue of human rights and transnationalcorporations and other business enterprises. Statesmaybreachtheirinternational human rights law obligationsiftheyfail to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse, likeenterprises.

19. Carta dei diritti sociali fondamentali dei lavoratori E’ stata approvata nel 1989 da tutti gli Stati membri della Comunità ad esclusione del Regno Unito Ha la forma giuridica della risoluzione , cioè di un atto non vincolante L’art. 151 del Trattato sul funzionamento dell’Unione Europea (ex art. 136TUE) cita la Carta dei diritti sociali fondamentali: “La comunità e gli Stati membri, tenuti presenti i diritti sociali fondamentali quali quelli definiti dalla Carta sociale europea firmata a Torino il 18 ottobre 1961 e nella carta comunitaria dei diritti sociali fondamentali dei lavoratori del1989, hanno come obiettivi il miglioramento delle condizioni di vita e di lavoro”