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.