scholarly journals Human Rights and Workers: Limits to the International Labor Law

2021 ◽  
Vol 4 (3) ◽  
pp. 219
Author(s):  
Luciane Cardoso Barzotto
2014 ◽  
Vol 53 (1) ◽  
pp. 250-266 ◽  
Author(s):  
Adelle Blackett

The International Labour Organization (ILO) adopted the Decent Work for Domestic Workers Convention, 2011 (No. 189) (the Domestic Workers Convention or Convention), as supplemented by an accompanying non-binding Recommendation (No. 201), on June 16, 2011. Both instruments were immediately hailed as historic. Two years later, on September 5, 2013, the Domestic Workers Convention entered into force, thus bringing the fifty-three to 100 million predominantly women workers—many of whom are migrants—squarely within the corpus of international labor law, with due attention paid to the specificity of their human rights claims.


2018 ◽  
Vol 1 (1) ◽  
pp. 109-133
Author(s):  
Kartika Dewi Mulyanto

The existence of domestic workers or better known as domestic workers is no stranger to the life of Indonesian society. Domestic worker is a job that provides services to a family to do homework such as cooking, cleaning house, washing clothes and others. However, because there is no regulation that regulates domestic workers maximally, and there are often different degrees between employers and workers, there is a lot of violence against domestic workers. In 2011, the International Labor Organization issued an ILO Convention No. 189 on Decent Work for Domestic Workers. This Convention as evidence that domestic workers need to be legally protected as human beings with human rights. Based on the result of the research, it can be concluded that the act of ratification of ILO Convention No. 189 of 2011 on Decent Work for Domestic Workers needs to be done, in an effort to increase the protection of domestic workers' rights law, to increase the economy of domestic workers, and to raise the social status of domestic workers Indonesia. Abstrak Keberadaan pekerja rumah tangga atau yang lebih dikenal sebagai pembantu rumah tangga sudah tidak asing lagi dalam kehidupan masyarakat Indonesia. Pekerja rumah tangga merupakan suatu pekerjaan yang memberikan jasa kepada suatu keluarga untuk mengerjakan pekerjaan rumah seperti memasak, membersihakan rumah, mencuci baju dan yang lainnya. Namun karena belum ada regulasi yang mengatur pekerja rumah tangga secara maksimal, dan sering terjadi perbedaan derajat antara majikan dan pekerja, maka banyak terjadi kekerasan terhadap pekerja rumah tangga. Pada tahun 2011, International Labour Organization mengeluarkan suatu Konvensi ILO Nomor 189 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga. Konvensi ini sebagai bukti bahwa pekerja rumah tangga perlu mendapat perlindungan secara hukum sebagai manusia yang memiliki hak asasi manusia. Berdasarkan hasil penelitian dapat disimpulkan bahwa tindakan ratifikasi Konvensi ILO Nomor 189 tahun 2011 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga perlu dilakukan, sebagai upaya peningkatan perlindungan hukum hak-hak pekerja rumah tangga, peningkatkan ekonomi pekerja rumah tangga, serta menaikkan status sosial pekerja rumah tangga Indonesia.


2020 ◽  
Vol 28 ◽  
pp. 160
Author(s):  
Juliane Sachser Angnes ◽  
Elisa Yoshie Ichikawa ◽  
Marcel Luciano Klozovski ◽  
Maria De Fátima Quintal de Freitas

This theoretical essay proposes to understand how the contemporary conception of Human Rights is configured, and from that, to articulate the affirmative actions for Indigenous peoples inserted in this conception. In other words, it reflects on how this process took place in Latin America, that is, whether these actions proposed in Latin America for Indigenous peoples adopt a perspective constituted by the “subject of law” being seen in its particularity and peculiarity, and whether there have been advances or setbacks. The results showed that, specifically, from the conceptions presented at the International Labor Organization (OIT) there was a break in the integrationist paradigm, showing a real advance in the expressions of these conceptions and the ways in which indigenous societies are understood, at least in the applied legislation in Latin America. However, there is still much to reflect on and fight for.


Author(s):  
Samir Amine ◽  
Wilner Predelus

The merit of employment regulations in a market economy is often measured by their effectiveness in facilitating job creation without jeopardizing the notion of “decent work,” as defined by the International Labor Organization (ILO). Consequently, the recent literature on employment legislation has extensively focused on the flexibility of the labor market, as a fair middle ground is always necessary to avoid undue distortions that can negatively impact the economy and worker's wellbeing. This chapter analyzes the provisions of the labor law in Haiti and how it affects job security and flexibility to observe a flexible structure that rather benefits employers. Notably, labor law in Haiti may have in fact rendered workers more vulnerable because these labor legislations were enacted on the assumption that employers and workers are on the same footing when it comes to industrial relations, while historic facts do not support such an assumption.


Author(s):  
Diller Janelle M

This article examines the issues of social justice, social rights, and the international labour movement in relation to international human rights. It traces the history of the emergence of international labour law and describes the action and innovation of the International Labor Organization (ILO). It suggests that the ILO�s structural machinery and guiding principles served as the global reference point for setting and supervising standards on workers� rights, freedoms, and entitlements.


Author(s):  
Jeffrey Hilgert ◽  
◽  

The Ontario Network of Injured Workers’ Groups in Canada is leading a multiyear campaign called Workers’ Comp is a Right to reform the provincial workers’ injury compensation system and to fight back against regressive changes made to the system over several decades. At their Annual General Meeting in Toronto held in June 2019, delegates voted unanimously to make this submission to the United Nations Committee on the Rights of Persons with Disabilities as a part of the regular supervisory process under the United Nations Convention on the Rights of Persons with Disabilities. The subject is income deeming “phantom jobs” to injured worker claimants with income replacement benefits. The document illustrates how Canadian injured worker groups have activated a human rights lens and references international labor and human rights standards concerning social insurance and income replacement benefits for work-related injury and illness.


Author(s):  
Izolda Takács

This study outlines the rules that have created full gender equality, starting from the first generation of human rights to equal treatment and then positive discrimination, also briefly referring to the theoretical foundations. The study also points out areas where, besides ius cogens, the disadvantages of women in everyday practice have remained particularly significant. Thus, the second part of the study addresses the main issues of criminal law and workplace discrimination, supported by examples. It is deemed necessary due to issues of labour law and criminal justice practice illustrating most clearly why ensuring equality before the law does not suffice. At the same time, the need for much more gender-sensitive legislation and legal redress is being formulated, especially in the areas mentioned above.


Author(s):  
James A. Gross

This book makes four important contributions to our understanding of U.S. labor law and policy. First, given my previous three volume study of the work of the NLRB, this book is able to discuss the Board’s path under Chairmen Gould, Truesdale, Battista and Liebman in historical context. Second, this book demonstrates the consequences of applying different and conflicting values to real world issues of labor law. Third, the book’s inward assessment of U.S. labor law and policy using international human rights principles as standards for judgment constitutes new perspectives on old issues. These new perspectives challenge the commonly held view among practitioners and academics that workers’ organizing and collective bargaining are merely tests of economic power by adversarial interest groups exercising commercial rights not human rights. Finally, rather than joining those writing obituaries for the Act and the NLRB, this book maintains, despite the unrelenting pounding of hostile forces, that the core of the Act remains a solid foundation for the realization of workers’ rights–but calls for a new more creative vision because more is needed than merely fine tuning for marginal adjustments.


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