13.2.Procedure for the incorporation of international standards into domestic law

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.

force of national law, or provisions recognizing the immediate and direct application by national courts of the provisions of ratified international human rights treaties. The following are some examples of constitutional provisions relating to the incorporation of the international standard into domestic law in accordance with the monist model:

CONSTITUTIONAL PROVISIONS ON THE INCORPORATION OF INTERNATIONAL LAW

• Article 8 of the Constitution of Cuba "The provisions of international treaties in force for the Republic of Cuba form part or are integrated, as appropriate, into the national legal system.”

• Article 417 of the Constitution of Ecuador "In the case of treaties and other international human rights instruments, the principles of direct applicability”.

• Article 144 of the Constitution of El Salvador

“International treaties concluded by El Salvador with other states or with international organizations constitute laws of the Republic when they enter into force”.

• Article 137 of the Constitution of Paraguay

“[...] international treaties, conventions and agreements approved and ratified [...] are part of national positive law [...].”

• Article 55 of the Constitution of Peru

“Treaties concluded by the State and in force form part of national law”.

• Article 74.3 of the Constitution of the Dominican Republic

“Treaties, covenants and conventions relating to human rights, signed and ratified by the Dominican State [...] are of direct and immediate application by the courts and other organs of the State”.

• Article 23 of the Constitution of Venezuela

“The treaties, pacts, and conventions relating to human rights signed and ratified by Venezuela [...] are of immediate and direct application by the courts and other organs of the Public Power".

Under this type of constitutional provision, no legislation additional to ratification is required to make the ILO Convention binding at the national level. Additional measures may be useful to eliminate any contradiction between the provisions of the Convention and national law and practice or to ensure that all authorities and persons concerned are aware of the incorporation of the Convention into national law and, if necessary, to provide guidance.