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7.1. What are the characteristics of the international instruments of the ILO?
The raison d'être and structure of the ILO are reflected in the nature and special characteristics of the labor standards instruments that the ILO adopts, including their tripartite nature, their univer-sality, their protective nature (minimum floor of protection), and their flexibility. The following table presents some comments on these special characteristics of ILO instruments.
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CHARACTERISTICS OF THE INTERNATIONAL INSTRUMENTS OF THE ILO
Tripartite nature
Universality Tripartism is the main source of the content of ILO international instruments. These instruments are endowed with a special political value and legal nature that gives far-reaching legitimacy to the content of the rights of individuals and protected groups and to the scope of States' obligations. The ILO Declaration on Social Justice for a Fair Globalization states that the promotion of tripartism is a strategic axis of decent work and the ILO Centenary Declaration for the Future of Work, 2019 has reaffirmed that tripartism is the essential foundation of all ILO activities. The universality of its instruments reflects the ILO's structure. The creation of the ILO is the result of the political conviction that unjust working conditions, the miseries and deprivations of the working class, and social discontent constitute "a threat to universal peace and harmony" and that "if any nation failed to adopt a truly humane system of labour, that failure would constitute an obstacle to the efforts of other nations which desire to improve the lot of workers in their own countries.”
This universality underpins the promotion of the universal ratification of international labor standards and the need to take into account, in their elaboration, the special circumstances of countries (Article 19.3 of the Constitution). In view of the social consequences of economic globalization, the Declaration on Fundamental Principles and Rights at Work (1998) affirms the urgency of promoting the universal application of fundamental principles and rights at work and the commitment of all Member States, derived from their membership to the ILO, to respect, promote, and implement the Conventions where such principles have been expressed, even if they have not ratified them.
