E/C.12/GC/23
C.
Core obligations
65.
States parties have a core obligation to ensure the satisfaction of, at the very least,
minimum essential levels of the right to just and favourable conditions of work.
Specifically, this requires States parties to:
(a)
Guarantee through law the exercise of the right without discrimination of any
kind as to race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth, disability, age, sexual orientation, gender identity, intersex status,
health, nationality or any other status;
(b)
Put in place a comprehensive system to combat gender discrimination at
work, including with regard to remuneration;
(c)
Establish in legislation and in consultation with workers and employers, their
representative organizations and other relevant partners, minimum wages that are
non-discriminatory and non-derogable, fixed by taking into consideration relevant
economic factors and indexed to the cost of living so as to ensure a decent living for
workers and their families;
(d)
Adopt and implement a comprehensive national policy on occupational
safety and health;
(e)
Define and prohibit harassment, including sexual harassment, at work
through law, ensure appropriate complaints procedures and mechanisms and establish
criminal sanctions for sexual harassment;
(f)
Introduce and enforce minimum standards in relation to rest, leisure,
reasonable limitation of working hours, paid leave and public holidays.
D.
International assistance and cooperation
66.
All States must take steps individually and through international assistance and
cooperation, especially economic and technical, with a view to achieving progressively the
full realization of the right to just and favourable conditions of work. This is particularly
incumbent upon those States which are in a position to assist others in this regard.
International assistance and cooperation is a means of transferring knowledge and
technology and a tool for States to maximize available resources for the full realization of
Covenant rights.
67.
When a State party is not in a position to meet its obligations to realize the right to
just and favourable conditions of work, it must seek international assistance. Depending on
the availability of resources, States parties should respond to such requests by providing
economic and technical assistance and technology transfer and by promoting transnational
dialogue between employer and worker organizations, among other measures. Such
assistance should be sustainable, culturally appropriate and provided in a manner consistent
with human rights standards. Economically developed States parties have a special
responsibility for, and interest in, assisting developing countries in this regard.
68.
States parties should avail themselves of the technical assistance and cooperation of
international organizations, in particular ILO. When preparing reports, States parties should
use the extensive information and advisory services provided by ILO for data collection and
disaggregation.
69.
States parties must refrain from acts or omissions that interfere, either directly or
indirectly, with the realization of the right to just and favourable conditions of work in other
countries. This is particularly relevant when a State party owns or controls an enterprise or
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