Eliminate the provisions of domestic law that exclude persons employed in the public sector from the right to organize. Guarantee the right of public sector workers to protection against any act of anti-union discrimination. Guarantee the right of public sector workers' representatives to be provided with appropriate facilities to carry out the activities necessary for their representative work. Promote the exercise of the right to collective bargaining for the determination and improvement of the conditions of employment of persons employed in the public sector, including in a context of economic stabilization. Labour dispute resolution bodies and procedures should be designed in such a way as to help promote collective bargaining. Guarantee the exercise of the civil and political rights of public sector workers, which are essential for the normal exercise of freedom of association.
13.2. Procedure for the incorporation of international standards into domestic law The incorporation of international labor standards into domestic law is a procedure for the reception of international law into the national legal system. There are two predominant models for this procedure: dualism and monism. Dualism implies that international law and national law are two distinct and separate legal orders that are not confused with each other and therefore, in addition to ratification, an additional act (usually a post-ratification law) is necessary to transform the international standard into national law.64 In contrast, monism assumes that international law and national law form a unity, and therefore the
ratification and implementation of the international standard is sufficient for it to become part of the national legal system. The legal systems of most Latin American and Caribbean countries belong to the monist model. In other words, ratification of the ILO Convention (or Protocol) and its entry into force are sufficient for it to be integrated into the national legal system. No law additional to ratification is needed to make the Convention binding. Most of the region's constitutions contain provisions to incorporate the provisions of international law into domestic law, to integrate them into national law or to have the
64. SALMÓN, Elizabeth. 2014, pp. 269-277.
PRACTICAL GUIDE TO TRADE UNION ACTION AT THE ILO
147
