A/HRC/17/34
73.
Any form of discrimination, such as that based on sex, race, ethnicity or
religion, against workers must be prohibited.46 Workers’ remuneration must be fair,
allowing for a decent living for workers and their family. Equal remuneration for
work of equal value must also be ensured without discrimination of any kind; in
particular, women must enjoy equal pay with men.47 Special protection for women
during pregnancy, and for persons with disabilities, must also be put in place.48 To
ensure the implementation of these obligations, States must regulate labour markets
and establish mechanisms to strengthen the accountability of private actors. A greater
number of avenues for dialogue between employers and workers, and the opportunity
for workers to participate in the design and implementation of employment policies,
will further assist States in meeting their human rights obligations.
74.
Considering that the majority of people living in poverty earn their livelihoods
in the informal sector, under difficult conditions and receive low and irregular wages,
policies should prioritize improving their working conditions and extending formal
social protection to them. To this end, policymakers should consider encouraging the
formalization of informal firms, and specifically of employment relations. These
measures have the potential to reduce labour market inequality and to extend the
coverage of labour institutions to groups that were previously excluded.49 States
should ensure, however, that such measures are taken without increasing poverty and
vulnerability.
75.
The obligations of non-discrimination and equality oblige States to ensure that
employment creation policies benefit all sectors of society equally. Policies that
increase the employability (for example, through demand-driven skills development
and vocational training) of groups that face specific barriers in their access to
employment, such as women, persons with disabilities, young people and indigenous
populations, will assist States in fulfilling their human rights obligations. To remove
obstacles to employment for women, States should ensure the availability of care
services (from the State, the community and the market), the redistribution of paid
and unpaid work from a gender perspective and the elimination of all forms of gender
discrimination. States are not only obliged to undertake effective legislation to this
end, but also to take measures to modify social and cultural patterns of conduct of
men and women.50
76.
Job-creation initiatives and improvements in working conditions should be
complemented by investments in social protection systems, particularly noncontributory benefits and public services, in order to provide comprehensive support
for those most affected by the crises while also promoting long-term recovery. The
State must ensure that recovery measures do not discriminate against any segment of
society, including those who are unable to work or who face greater barriers in their
access to employment.
46
47
48
49
50
See for example Convention on the Elimination of All Forms of Discrimination against Women, art.
11; and International Convention on the Elimination of All Forms of Racial Discrimination, art. 5.
International Covenant on Economic, Social and Cultural Rights, art. 7, and Convention on the
Elimination of All Forms of Discrimination against Women, art. 11.
See International Covenant on Economic, Social and Cultural Rights, art. 10, Convention on the
Elimination of All Forms of Discrimination against Women, art. 11, and Convention on the Rights of
Persons with Disabilities, art. 27.
Economic Commission for Latin America and the Caribbean, “Time for equality: closing gaps,
opening trails”, 2010, p. 166.
See Convention on the Elimination of All Forms of Discrimination against Women, arts. 3 and 5(2).
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