Social issues
Child Labour
Any form of employment of individuals under the age of 15 is child labour. For certain types of work, such as heavy construction, hazardous work, etc the international minimum age is set to 18 years. In general, such forms of employment for young workers (aged 16-18) should prevent from long working hours, hard physical work, unhealthy and dangerous activities, and schedules that leave too little time for education and leisure.
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Forced Labour
Any work or service which is exacted from any person under the menace of any penalty or threat, and for which the said person has not offered him- or herself voluntarily, is to be considered as forced labour. Working relations should be free from slavery or servitude, nor should there be made use of bonded labour, debt bondage, forced prison labour or human trafficking.
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Discrimination
Discrimination occurs when distinction, exclusion or preference is made on the basis of race, colour, national extraction, sex, gender, religion, political opinion, real or perceived HIV/AIDs status, ability or social origin. As such, discrimination has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Individuals should be free of pursuing their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunities. Discrimination constitutes a violation of the rights enunciated by the Universal Declaration of Human Rights.
Based on:
- Universal Declaration of Human Rights (1948), Art. 1, 2, and 23.2
- ILO Equal Remuneration Convention (C100, 1951), Art. 1 and 2
- ILO Discrimination (Employment and Occupation) Convention (C111, 1958), Art. 2
- Convention on the Elimination of All Forms of Discrimination Against Women (1979), Art. 1, 11 and 13
- PR13A Recommendation Concerning HIV AIDS and the World of Work Art. III.3 (c)
Unhealthy and Unsafe Working Conditions
Working conditions in which the safety and health of employees are put at risk can occur by working without adequate training, with old machines without security equipment, and/or using pesticides or harmful substances or in absence of safety instructions and safety gears. Working conditions should ensure that the safest possible technologies and practices are being employed, that workers receive adequate training, and that appropriate emergency response systems and proper services, that are clean and hygienic. Unsafe working circumstances can lead to substantial and irreversible damages to the health of the employees.
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Lack of Freedom of Association
The right to freedom of association is not guaranteed when workers’ union activities are prohibited or when companies interfere with union activities. For workers who are not allowed to negotiate or voice grievances collectively, their limited bargaining power can bring about fewer benefits. Prohibitions on organised strikes and collective negotiations, as well as interference with union activities may leave workers unable to defend their personal interests due to an asymmetrical distribution of power.
Based on:
- Universal Declaration of Human Rights (1948), Art. 20(1) and 23(4)
- ILO Freedom of Association and Protection of the Right to Organise Convention (C87, 1948), Art. 2 and 11
- ILO Right to Organise and Collective Bargaining Convention (C98, 1949), Art. 1 and 2
- ILO Tripartite declaration of principles concerning Multinational enterprises and social policy (2006), Art. 42, 43 and 44
Unreasonable Working Hours
When working hours exceed 8 hours per day and 48 hours a week, worker’s physical and mental well-being can be at risk. Excessive working hours can lead to impossibility of fulfilling basic needs of workers. Decent working conditions should entail a reasonable amount of working hours.
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Insufficient Income and Income Security
Income and income security allows workers to satisfy their basic needs, i.e. those sufficient for survival. The needs of workers and their families are measured by taking into account the general level of wages in the country, the cost of living, social security benefits, and the relative living standards of other social groups. Payments and wages should be in a form that allows individuals to decide for themselves how to best allocate the resources. Insufficient income (and security) leaves workers unable to satisfy fundamental needs in the present as well as in the foreseeable future.
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Violation of Land Rights
Violations of land rights occur when marginalised groups within societies, such as indigenous peoples, women, smallholder farmers and local communities, are deprived of land which they hold formal or customary rights to. If this deprivation of land occurs without adequate compensation, already marginalised farmers can become landless and their access to communal resources is endangered. When this happens, those who have already lost property without adequate compensation may also lose the security of their tenancy and/or access to agricultural extension services or marketing opportunities.
Based on:
- International Covenant on Economic, Social and Cultural Rights (1966), Art. 11, General Comment 4
- ILO Indigenous and Tribal Peoples Convention (C169, 1989)
- Convention on the Elimination of All Forms of Discrimination Against Women (1979), Art. 14
- UN Declaration on the Rights of Indigenous Peoples (2008), Art. 8, 10, 25 and 26
- FAO Voluntary Guidelines to Support the Right to Food (2004), Guidelines 8.10
