| |
|
|
| Specific
Instruments |
|
Right to Organize and Collective Bargaining Convention |
 |
| Date of adoption:
18/8/1949 |
Entry into
force:
18/7/1951 |
| System of protection:
Universal |
|
Workers' Representatives Convention |
|
| Date of adoption:
23/6/1971 |
Entry into
force:
3/6/1973 |
| System of protection:
Universal |
|
Convention concerning the Promotion of Collective Bargaining (No. 154) |
|
| Date of adoption:
19/6/1981 |
Entry into
force:
11/8/1983 |
| System of protection:
Universal |
|
Labour Relations (Public Service) Convention |
|
| Date of adoption:
27/6/1978 |
Entry into
force:
25/2/1981 |
| System of protection:
Universal |
|
Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour |
|
| Date of adoption:
17/6/1999 |
Entry into
force:
19/11/2000 |
| System of protection:
Universal |
|
Freedom of Association and Protection of the Right to Organize Convention |
|
| Date of adoption:
9/7/1948 |
Entry into
force:
4/7/1950 |
| System of protection:
Universal |
|
Equal Remuneration Convention |
|
| Date of adoption:
29/6/1951 |
Entry into
force:
23/5/1953 |
| System of protection:
Universal |
|
Employment Promotion and Protection against Unemployment Convention |
|
| Date of adoption:
21/6/1988 |
Entry into
force:
17/10/1991 |
| System of protection:
Universal |
|
Employment Policy Convention |
|
| Date of adoption:
9/7/1964 |
Entry into
force:
15/7/1966 |
| System of protection:
Universal |
|
Occupational Safety and Health Convention |
|
| Date of adoption:
22/6/1981 |
Entry into
force:
11/6/1983 |
| System of protection:
Universal |
|
European Convention on the Legal Status of Migrant Workers |
|
| Date of adoption:
24/11/1977 |
Entry into
force:
1/5/1983 |
| System of protection:
Council of Europe |
|
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery |
|
| Date of adoption:
7/9/1956 |
Entry into
force:
30/4/1957 |
| System of protection:
Universal |
|
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families |
|
| Date of adoption:
18/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others |
|
| Date of adoption:
2/12/1949 |
Entry into
force:
25/7/1951 |
| System of protection:
Universal |
|
Additional Protocol to the European Social Charter |
|
| Date of adoption:
5/5/1988 |
Entry into
force:
4/9/1992 |
| System of protection:
Council of Europe |
|
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights: "Protocol of San Salvador" |
|
| Date of adoption:
17/11/1988 |
Entry into
force:
16/11/1999 |
| System of protection:
Organization of American States |
|
Discrimination (Employment and Occupation) Convention |
|
| Date of adoption:
25/6/1958 |
Entry into
force:
15/6/1960 |
| System of protection:
Universal |
| |
|
|
| General
Instruments |
 |
|
The Cairo Declaration on Human Rights in Islam |
|
| Date of adoption:
5/8/1990 |
Entry into
force:
- |
| System of protection:
Organization of the Islamic Conference |
|
European Social Charter |
|
| Date of adoption:
18/10/1961 |
Entry into
force:
26/2/1965 |
| System of protection:
Council of Europe |
|
European Social Charter (revised) |
|
| Date of adoption:
3/5/1996 |
Entry into
force:
1/7/1999 |
| System of protection:
Council of Europe |
|
Charter of Fundamental Rights of the European Union |
|
| Date of adoption:
7/12/2000 |
Entry into
force:
- |
| System of protection:
European Union |
|
International Covenant on Economic, Social and Cultural Rights (ICESCR) |
|
| Date of adoption:
16/12/1966 |
Entry into
force:
3/1/1976 |
| System of protection:
Universal |
|
Universal Declaration of Human Rights (UDHR) |
|
| Date of adoption:
10/12/1948 |
Entry into
force:
- |
| System of protection:
Universal |
|
American Declaration of the Rights and Duties of Man |
|
| Date of adoption:
2/5/1948 |
Entry into
force:
- |
| System of protection:
Organization of American States |
|
African Charter on Human and Peoples' Rights (Banjul Charter) |
|
| Date of adoption:
27/6/1981 |
Entry into
force:
21/10/1986 |
| System of protection:
Organization of African Unity |
|
ILO Declaration on Fundamental Principles and Rights at Work |
|
| Date of adoption:
18/6/1998 |
Entry into
force:
- |
| System of protection:
Other |
| |
|
|
| Articles |
|
|
El principio de igualdad de trato y la prohibición de discriminación por razón de sexo a la luz de la jurisprudencia del T.J.C.E. |
|
|
Amaya UBEDA DE TORRES |
| Latest update:
08/07/2002 |
First published:
8/7/2002 |
| Reference:
HRNi |
|
The Principle of Discrimination in the Case Law of the Court of Justice of the European Union |
|
Analysis of Paralysis or Paralysis by Analysis? Implementing Economic Social and Cultural Rights Under the African Charter on Human and People's Rights |
|
|
Chidi ODINKALU ANSELM |
| Latest update:
28/06/2002 |
First published:
2001 |
| Reference:
HRQ Vol 23, p. 327 |
|
Outlines the human rights protection agenda that the African Charter enunciates. |
| |
|
|
| Websites |
|
|
International Network for Economic, Social and Cultural Rights (ESCR-Net) |
| Languages:
English Spanish |
 |
|
Contains four interactive, searchable databases (or directories) of organizations and individuals, project and activities, regional and domestic case law, and events. |
|
OHCHR - Freedom of Association |
| Languages:
English French Spanish |
|
|
The UNHCHR's standard information page on Freedom of Association. Documents - Newsroom - Conventions - Related issues. |
|
European Social Charter |
| Languages:
English French |
|
|
Introduction -News -Access to documents and publications -Access to the case law of the European Social Committee |
| |
|
|
| Selected
Case Law |
|
|
S.O.S.-Esclaves v. Mauritania |
|
| Date:
5/5/1999 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 198/97, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
|
Slavery - Alleged violations of Articles 2, 3, 4, 5, 6, 7, 9, 11 and 15 - Inadmissible due to non-exhaustion of domestic remedies. |
|
Annette Pagnoulle (on behalf of Abdoulaye Mazou) v. Cameroon |
|
| Date:
4/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 39/90, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
|
Arbitrary detention - Military trial - No reinstatement of victim in his position as a magistrate following amnesty - Violations of Articles 6 (Liberty and security), 7.1(b), 7.1(d) (Due process) and 15 (Right to work). |
|
Young, James and Webster v. the United Kingdom |
|
| Date:
13/8/1981 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 13 August 1981, A 44. n° 00007601/76 and 00007806/77. |
|
"Closed shop": obligation to belong to a particular trade union - Freedom of association - Negative aspect: right not to be compelled to belong to an association - Disproportionate interference - Violation of Article 11. |
|
Schräder v. Hauptzollamt Gronau |
|
| Date:
11/7/1989 |
| Decision-making body:
European Court of Justice |
| Legal reference:
C 265/87 |
|
Fundamental rights are not absolute but must be viewed in the light of the social function of the activities they protect. However, restrictions must correspond to objectives of general interest and must not infringe upon the substance of the rights. |
|
Jong-Kyu Sohn v. Republic of Korea |
|
| Date:
3/8/1995 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/54/D/518/1992 |
|
Conviction of a striker - Freedom of expression - Legal and necessary restrictions (Article 19(3)) - Violation of Article 19(2) - Restrictive approach to the notion of national security. |
|
Sergio Ruben Lopez Burgos v. Uruguay |
|
| Date:
29/7/1981 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 52/1979 : Uruguay. 29/07/81. CCPR/C/13/D/52/1979 |
|
Arbitrary arrest and detention -
Kidnapping carried out in the territory of another State - Torture - Judicial guarantees - Trade union activities - Violation of Articles 7, 9, 14, 19 and 22. |
|
Ricardo Baena Case (No. 72) |
|
| Date:
3/2/2001 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Ricardo Baena, Decision and Judgement. IACHR Series C. N° 72. February 3, 2001. (See also No. 61) |
|
Dismissal of 270 public officials - Right to strike and freedom of association - Retroactive legislation - Violation of articles 9 (Freedom from ex post facto laws), 8 and 25 (Judicial guarantees and protection). |
| |
|
|
| Case Law
Websites |
|
|
Council of Europe - Human Rights Web |
| Languages:
English French |
|
|
Search the case-law of the European Convention on Human Rights control bodies. |
|
ILOLEX Database of International Labour Standards |
| Languages:
English French Spanish |
|
|
Database of International Labour Standards |
|
International Human Rights Law Database (The) |
| Languages:
English |
|
|
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database. |
| |
|
|
| Reports |
|
|
The Rights of Migrant Workers |
|
|
HCDH / OHCHR |
Date:
inconnue |
| Reference:
Fact Sheet No.24 |
| Source:
Office of the United Nations High Commissioner for Human Rights |
|
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
| |
|
|
| Books |
|
|
Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment |
|
|
Ryszard CHOLEWINSKI |
| Reference:
Oxford, Clarendon Press, 1997 |
| Languages:
English |
|
A broad definition of migrant workers and an expansive approach to their rights. The author analyses general international legal standards, the work of the ILO and the UN Convention, and the Council of Europe and EU standards and policies. |
|
The International Covenant on Economic, Social, and Cultural Rights |
|
|
Matthew CRAVEN |
| Reference:
New York, Oxford University Press, 1995 |
| Languages:
English |
|
A review of the 17 years since the Covenant's entry into force and the first 7 years of existence of the ESCR Committee. The book deals only with a selection of the rights recognized in the Covenant. |
|
Droits sociaux et droit européen : bilan et prospective de la protection normative |
|
|
J.-F. Flauss Ed. - Jean-François FLAUSS |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2002 |
| Languages:
French |
|
In the Council of Europe and in the European Union, social rights are the object of a growing protection, both in quality and quantity. Questions raised : problems of coexistence and reciprocal influences - unicity of the standards of protection |
| |
|
|
| Periodicals |
|
|
Revue trimestrielle des droits de l'homme |
|
| Reference:
Bruxelles, Nemesis |
| Contact:
vf@lambert.be |
http://www.revtrdrh.be |
| Languages:
French |
|
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues. |
| |
|
|
| Human Rights
Actors |
|
|
Comité des droits économiques, sociaux et culturels (CESCR) |
|
|
http://www.unhchr.ch/html/menu2/6/cescr.htm |
Type:United Nations System |
|
Treaty body created in 1985 by the ECOSOC (not by the ICESCR itself). Convenes twice a year to monitor the implementation of the Covenant by States parties, assist them in fulfilling their obligations. Writes General Comments on Covenant rights. |
|
Education International (EI) |
|
|
http://www.ei-ie.org/ |
Type:NGO (Non-Governmental Organization) |
|
A world-wide trade union organisation seeking to promote for all peoples in all nations peace, democracy, social justice and equality through the development of quality public education for all. |
|
Human Rights at Work Foundation () |
|
|
http://www.fdht.org |
Type:NGO (Non-Governmental Organization) |
|
The Foundation supports initiatives for the advancement of fundamental human rights in work situations. The general framework of action: safety and health of workers, freedom of association and negociation, struggle against discrimination... |
|
ILO - Committee on Freedom of Association (CFA) |
|
|
http://www.ilo.org/public/english/standards/norm/ |
Type:United Nations System |
|
The CFA is set up to receive and review complaints
alleging violation of freedom of association principles. |
|
International Center for Trade Union Rights (ICTUR) |
|
|
http://www.ictur.labournet.org/ |
Type:Other |
|
Trade union and labour rights -Fact finding missions -Publication of reports and studies. Its National Committes have appeared before Senates, given submissions to Public Inquiries and organised lobbies in protest at abuses of trade union rights. |
|
International Confederation of Free Trade Unions (ICFTU) |
|
|
http://www.icftu.org |
Type:Other |
|
Confederation of national trade union centres, each of which links together the trade unions of that country. Membership is open to bone fide trade union organisations, that are independent of outside influence, and have a democratic structure. |
|
International Labor Organization (ILO) |
|
|
http://www.ilo.org/ |
Type:United Nations System |
|
UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. Formulates international labour standards in the form of Conventions and Recommendations. |
|
International Labour Rights Fund (ILRF) |
|
|
http://www.laborrights.org |
Type:NGO (Non-Governmental Organization) |
|
ILRF is an advocacy organization dedicated to achieving just and humane treatment for workers worldwide. Public education and mobilization, research, litigation, legislation, and collaboration with labor, government and business groups. |
|
SOLIDAR (SOLIDAR) |
|
|
http://www.solidar.org/ |
Type:NGO (Non-Governmental Organization) |
|
SOLIDAR is an independent international alliance of non-governmental organisations (NGOs) who are involved in social service provision, international co-operation, humanitarian aid and life-long learning, and are historically linked to the free and democr |
|
Special Rapporteur of the Commission on Human Rights on the human rights of migrants () |
|
|
http://www.unhchr.ch/html/menu2/7/b/mmig.htm |
Type:United Nations System |
|
Mandate established in 1999, by E/CN.4/RES/1999/44 of 26 April 1999. |
|
University of Iowa Center for Human Rights (UICHR) |
|
|
http://www.uichr.org/ |
Type:Research / Education |
|
Cross-disciplinary activities designed to consider the problems and prospects of human rights in the US and abroad, with particular attention given to economic, social, and cultural rights. |
| |
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