BACKGROUND MATERIAL

Labour, whether paid or unpaid, is a core component of the life of every person, no matter what form that work might take. It takes up a very large portion of time in the life of most people, as it is essential for generating the goods, services and income necessary to feed, clothe, house, educate and support each individual, family or community. It is one of the ways by which we as citizens may contribute to and participate in the economic life of our community.

Since it involves such a large portion of our lives, it becomes one of the ways by which we gain a sense of personal worth and fulfilment, therefore requiring conditions and activities that strengthen and reinforce our human dignity and do not diminish it.

The nature of human labour has changed and varied significantly over the centuries. Whilst the trend from primarily agrarian production, manual labour and handcrafting, through industrial manufacturing and commercial activities, towards information or knowledge-based activities and the provision of services is generally true, the specific form of any given society may be at any point of that continuum.

Globalization has in the past two decades dramatically changed the nature of work for many people who previously may have worked in rural or industrial economies. This may have led to improvements in work conditions and quality of life for some, but may have led to unemployment, homelessness, extreme poverty and hunger for others.

This has often been accompanied by an erosion in work-related values and ethics, individual responsibility, workers’ rights and sustainable work practices. One contributing factor may be the modern distance and separation between the work location and one’s immediate home environment, where work traditionally took place.

The opening lines of the Universal Declaration of Human Rights (UDHR) state: “Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

In its preamble, the Universal Declaration of Human Rights affirms the dignity of each human being everywhere and gives expression to the universality and interlinked nature of human rights, with the interdependence of civil and political rights on the one hand, and social, economic and cultural rights on the other.

Articles 23 and 24 of the Declaration relate specifically to Labour and the workplace (see below).

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

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

The Universal Declaration of Human Rights (UDHR) comprehensively covers a broad range of human rights that are then elaborated further in other related international treaties, covenants and documents listed at the beginning of this module.

One may see from the list of international documents pertaining to human rights that these concern themselves either with the specific rights of vulnerable groups such as children, women and the disabled or with specific areas of rights whether civil, political, economic, social or cultural.

With respect to the rights of children, child labour and the economic exploitation of children is considered one of the most serious violations of children’s rights in the world today. These rights are clearly stipulated in the International Labour Organization (ILO) Conventions concerning child labour, the UN Convention on the Rights of the Child and the Universal Declaration of Human Rights. Latest ILO estimates indicate that there are 250 million working children in the world aged between 5 and 14 years, of which at least 120 million are working full time. At least one-third of the total are performing dangerous work. Ever since its creation in 1919, the ILO has devoted most of its efforts to the elimination of child labour as one of the essential elements in the pursuit of social justice and universal peace. Many of the based-based rights issues relate to non-discrimination on any grounds. The ILO Global Report, Time for Equality at Work, (Geneva 2003) states that,” literally millions of people are denied jobs, confined to certain occupations or offered lower pay, simply because of their sex, religion, or skin colour, irrespective of their capabilities or the requirements of the job.” (p.ix)With respect to the rights of women, the key issues relate to forced based, equal pay for equal work, sexual harassment and other forms of exploitation. The report argues however, that we need to go beyond equality and that, “affirmative action measures are necessary to ensure that everyone can start on an equal footing.”(p.xii)

With respect to the rights of people who have physical or mental disabilities, there is as yet no agreed Convention. However, there is a set of Standard Rules or Guidelines and there is pressure from many quarters to develop this further towards a formal Convention. One of the key principles relevant to the workplace is that of “Reasonable Accommodation”. This would involve the introduction of appropriate and affordable measures by the employer, to facilitate movement and to remove any potential barriers that might prevent people with disabilities from working.

List of Potential Workplace Issues:

— The right to meaningful work — Non-discrimination on any grounds — Child Labour and economic exploitation

— Abuse, violence, bullying, harassment or threats of any kind

— Economic exploitation of women, migrants, displaced persons or other vulnerable or disadvantaged minorities

— Sweatshops

— Fair work for fair pay

— Equality of economic opportunity — Full participation in economic life

— Unemployment

— Work for alleviating poverty

— Working conditions—occupational health, safety, security and emotional well-being

— Nature of the work—non repetitive, varied — Ethical work practices

— Work time—balance work, family and leisure time

— Training and development opportunities to reach full potential — Opportunities for advancement and promotion

— Equal treatment in the workplace—non-favouritism — Self-fulfilment and playing a productive role in society — Privacy

— Unfair dismissal

The most comprehensive guiding document relevant specifically to labour rights is the Constitution of the International Labour Organization (ILO). The ILO was created in 1919 to promote social justice and recognize human and labour rights, through international standards designed to improve labour standards related to “injustice, hardship and privation.”(see Preamble, following).

Preamble to the ILO Constitution

Whereas universal and lasting peace can be established only if it is based upon social justice; And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and as improvement of those conditions is urgently required; as, for example, by the regulation of the hours of work including the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of freedom of association, the organization of vocational and technical education and other measures; Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries;

The High Contracting Parties, moved by sentiments of justice and humanity, as well as by the desire to secure the permanent peace of the world, and with a view to attaining the objectives set forth in this Preamble, agree to the Constitution of the International Labour Organization.

With the incorporation of the Declaration of Philadelphia into its Constitution in 1944 the Organization’s standard setting mandate was broadened to include other social policy and human and civil rights matters.

The ILO Conventions and Recommendations set out guidelines that guide national policy and action, to have a concrete impact on working conditions and practices in every country of the world. The ILO sets minimum standards of basic labour rights such as: freedom of

association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating work conditions.

The ILO Global Report, Time for Equality at Work, (Geneva 2003) follows up the ILO Declaration on Fundamental Principles and Rights at Work and states that:

“The elimination of discrimination is essential if individuals, irrespective of their physical or cultural traits and beliefs, are able to choose freely the direction of their professional paths and working lives, to develop fully their talents and capabilities and to be rewarded according to merit…it is an indispensable component of any strategy for poverty reduction and sustainable development. It lies at the heart of ILO’s mandate and the notion of decent work.”(pp.ix x)

The ILO reinforces the view that the nature and conditions of labour must contribute to human dignity, by providing opportunities for workers to choose their true vocation based on their interests and talents in order to reach their full potential. For their efforts they are to be financially remunerated at appropriate levels, but also to receive the intrinsic rewards of self- fulfilment.

No matter what form the work may take, every worker is entitled to respect and appreciation for the role that they fulfil, as they are contributing in their own way, to their local economy and community, and are taking responsibility for themselves and for their family needs. Work is not the only purpose in life. Pressures from an increasingly competitive work environment, combined with lack of support for family responsibilities, are leading to conflicts and stresses for workers, particularly women, trying to “juggle” family with work responsibilities. In this context, there is even less time left for leisure, sport and health-giving activities in nature or with friends. The ILO Convention on Workers with Family Responsibilities 1981 (No.156) is the key international labour standard concerning conflicts between work and family responsibilities, and its implications for equality of opportunity in the labour market.

Module 4: