E/C.12/GC/18
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Indicators and benchmarks
46.
A national employment strategy must define indicators on the right to work. The
indicators should be designed to monitor effectively, at the national level, the compliance by
States parties with their obligations under article 6 and should be based on ILO indicators such
as the rate of unemployment, underemployment and the ratio of formal to informal work.
Indicators developed by the ILO that apply to the preparation of labour statistics may be useful
in the preparation of a national employment plan.22
47.
Having identified appropriate right to work indicators, States parties are invited to set
appropriate national benchmarks in relation to each indicator. During the periodic reporting
procedure the Committee will engage in a process of “scoping” with the State party. Scoping
involves the joint consideration by the State party and the Committee of the indicators and
national benchmarks which will then provide the targets to be achieved during the next reporting
period. During the following five years the State party will use these national benchmarks to
help monitor its implementation of the right to work. Thereafter, in the subsequent reporting
process, the State party and the Committee will consider whether or not the benchmarks have
been achieved and the reasons for any difficulties that may have been encountered. Further,
when setting benchmarks and preparing their reports States parties should utilize the extensive
information and advisory services of specialized agencies with regard to data collection and
disaggregation.
Remedies and accountability
48.
Any person or group who is a victim of a violation of the right to work should have
access to effective judicial or other appropriate remedies at the national level. At the national
level trade unions and human rights commissions should play an important role in defending the
right to work. All victims of such violations are entitled to adequate reparation, which may take
the form of restitution, compensation, satisfaction or a guarantee of non-repetition.
49.
Incorporation of international instruments setting forth the right to work into the domestic
legal order, in particular the relevant ILO conventions, should strengthen the effectiveness of
measures taken to guarantee the right to work and is encouraged. The incorporation of
international instruments recognizing the right to work into the domestic legal order, or the
recognition of their direct applicability, significantly enhances the scope and effectiveness of
remedial measures and is encouraged in all cases. Courts would then be empowered to
adjudicate violations of the core content of the right to work by directly applying obligations
under the Covenant.
50.
Judges and other law enforcement authorities are invited to pay greater attention to
violations of the right to work in the exercise of their functions.
51.
States parties should respect and protect the work of human rights defenders and other
members of civil society, in particular the trade unions, who assist disadvantaged and
marginalized individuals and groups in the realization of their right to work.