E/C.12/GC/23 (OHCHR) lists of illustrative indicators with respect to articles 6 and 7 of the Covenant and ILO indicators.46 56. The Committee underlines the importance of consultation in formulating, implementing, reviewing and monitoring laws and policies related to the right to just and favourable conditions of work, not only with traditional social partners such as workers and employers and their representative organizations, but also with other relevant organizations, such as those representing persons with disabilities, younger and older persons, women, workers in the informal economy, migrants and lesbian, gay, bisexual, transgender and intersex persons, as well as representatives of ethnic groups and indigenous communities. 57. Any person who has experienced a violation of the right to just and favourable conditions of work should have access to effective judicial or other appropriate remedies, including adequate reparation, restitution, compensation, satisfaction or guarantees of non-repetition. Access to remedy should not be denied on the grounds that the affected person is an irregular migrant. Not only courts, but also national human rights institutions, labour inspectorates and other relevant mechanisms, should have authority to address such violations. States should review and, if necessary, reform their legislation and codes of procedure to ensure access to remedies, as well as procedural fairness. Legal assistance for obtaining remedies should be available and it should be free for those who are unable to pay. B. Specific legal obligations 58. The right to just and favourable conditions of work imposes three levels of obligations on States parties. First, State parties have an obligation to respect the right by refraining from interfering directly or indirectly with its enjoyment. This is particularly important when the State is the employer, including in State-owned or State-controlled enterprises. For example, States parties should not introduce salary scales that discriminate, directly or indirectly, against female workers, or maintain a promotion system in the public sector that favours, directly or indirectly, the overrepresented gender at higher levels. States parties should take measures to prevent and remedy occupational accidents and disease resulting from their acts or omissions. States parties should also respect collective agreements aimed at introducing and maintaining just and favourable conditions of work and review legislation, including corporate laws and regulations, to ensure that it does not constrain that right.47 59. The obligation to protect requires States parties to take measures to ensure that third parties, such as private sector employers and enterprises, do not interfere with the enjoyment of the right to just and favourable conditions of work and comply with their obligations. This includes taking steps to prevent, investigate, punish and redress abuse through effective laws and policies and adjudication. For example, States should ensure that laws, policies and regulations governing the right to just and favourable conditions of work, such as a national occupational safety and health policy, or legislation on minimum wage and minimum standards for working conditions, are adequate and effectively enforced.48 States parties should impose sanctions and appropriate penalties on third parties, including adequate reparation, criminal penalties, pecuniary measures such as damages, and 46 47 48 16 OHCHR, Human Rights Indicators: A Guide to Measurement and Implementation (Geneva, 2012) (HR/PUB/12/5); see p. 95 of that report for an illustrative list of indicators relating to articles 6 and 7 of the Covenant. See also ILO Labour Statistics Convention, 1985 (No. 160). See Guiding Principles on Business and Human Rights, principle 3 (b). Ibid., principle 3.

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