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)

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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

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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

The key instruments A right to work

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

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

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Human rights beyond work

Human rights and health

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

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?

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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.

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