The politicisation of human rights: how to enforce them
Professor Sonia McKay
Working Lives Research Institute, London Metropolitan University
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9.00 – 9.30 Short introduction to human rights in the context of the workplace 9.30- 9.40 Presentation of its context and of the group work 9.40 short break 9.45-10.30 Group work discussion 10.30-10.40 group presentations 10.40-10.45 Summary
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Focus on rights at work: ◦ ◦ ◦ ◦
Universal Declaration of Human Rights: non-binding European Convention on human rights: legal framework EU Charter of Fundamental Rights: legal reference National laws: eg. In the UK - Human Rights Act 1999 ILO Conventions: no framework but application of standards:
REPRESENTATION (article 24) - UNITED KINGDOM - C029 - 2014 Representation alleging non-observance by the United Kingdom of the Forced Labour Convention, 1930 (No. 29), submitted under article 24 of the ILO Constitution, by the trade unions UNISON, GMB and Napo (GB.320/INS/15/5) REPRESENTATION (article 24) - UNITED KINGDOM - C111 - 2005 Representation made by the National Union of Rail, Maritime and Transport Workers under article 24 of the ILO Constitution alleging non-observance by United Kingdom of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
The workplace: Universal declaration Rights to equality; prohibition on slavery and forced labour; freedom of thought; right of association; right to health through income Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection
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European Convention Art 4: prohibits slavery and forced labour Art. 11 European Convention: freedom of assembly and right to form trade unions 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.12 13 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Art 14: Prohibition on discrimination
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Art 5: slavery and forced labour Art 12: freedom of assembly Art 21: Non-discrimination Arts 27 & 28: information and collective bargaining Art 30: protection against discrimination Art 31: fair and just working conditions
The key instruments
Article 15 Freedom to choose an occupation and right to engage in work 1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation. 2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State. 3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the
A right to work 6
A right to life A right to liberty A right to family life A right to a fair trial Freedom of speech Freedom of movement A right to freedom from torture
Human rights beyond work
A right to health? A right to healthcare? Is this a fundamental right? If so how is it acquired and accessed? How is it enforced?
Human rights and health 7
In preparation for the visit on Saturday to a quarantine centre students will be divided into three groups: A, B, C (as yesterday). The task is to: Examine one of the key fundamental rights’ documents (to be distributed) Select those rights that could impact on the issue of quarantine Investigate the issue of human rights and restrictions on movement and their contradictions from the perspectives of: ◦ Those whose right to movement has been restricted: ◦ Those who work in areas so restricted; ◦ Wider public policy issues on health.
The task should be carried out as follows: Each group selects two persons to report back who have not already done so (max 5 mins). Divide up the document and break into pairs to examine the detailed section (20 mins); Whole group reconvenes (20 mins) to bring together the various points identified in the pair discussion. Report back (3 mins each group) on the key issues. Lecturer will indicate end of each of the times above. 8