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ILO Fundamental Conventions

ILO International Training Centre
International Labour Standards and Human
Rights Programme
25th November 2003

The 4 Fundamental Rights
• FOA and the effective recognition of the
right to collective bargaining
• Elimination of forced or compulsory
labour
• Abolition of child labour
• Elimination of discrimination

98 on the Right to Organise and Collective Bargaining • Elimination of forced or compulsory labour: – C.The 8 Fundamental Conventions • FOA and collective bargaining: – C. 29 on Forced Labour – C. 87 on Freedom of Association and Protection of the Right to Organise – C. 105 on Abolition of Forced Labour .

• Abolition of child labour – C. 111 on Discrimination (Employment and Occupation) . 100 on Equal Remuneration – C. 182 on the Worst Forms of Child Labour • Elimination of discrimination – C. 138 on Minimum Age – C.

• FOA and the effective recognition of the right to collective bargaining .

to establish and join organizations of their own choosing (art. without distinction whatsoever. 2) – exceptions: police and armed forces (art. 9) • Right to establish organizations without previous authorization (art. 2) .C. 87 on Freedom of Association and Protection of the Right to Organise • Adoption: 1948 • Right of workers and employers.

• Right to elect representatives in full freedom (art. 3(1)) • Trade unions cannot be dissolved or suspended by administrative authority (art.4) • Ratifications: 142 .

2) • Promotion of collective bargaining (art. 4) . 1) • Protection of workers’ and employers’ organizations against acts of interference by each other (art.C.98 on the Right to Organise and Collective Bargaining • Adoption: 1949 • Protection of workers against acts of antidiscrimination from employers (art.

5) – civil servants engaged in the administration of the State (art.• All workers are covered except: – armed forces and the police (art. 6) • Ratifications: 153 .

Committee on FOA .

on FOA. regardless of whether or not the States concerned have ratified these conventions • Consent of the State concerned is not necessary • No necessity for national remedies to be exhausted .Committee on FOA • Creation: 1951 • Examines complaints containing allegations of violation on the Conv.

• Elimination of forced or compulsory labour .

29 on Forced Labour • Adoption: 1930 • Ratifications: 163 • General obligation: general suppression of forced or compulsory labour • Forced or compulsory labour: “All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily” (art.C. 2(1)) .

2 (2): – compulsory military service – civic obligations – work or service exacted from any person as a consequence of a conviction in a court of law – work or service exacted in cases of emergency – minor communal services .• Forced or compulsory labour do not include (art.

1): . 105 on Abolition of Forced Labour • Adoption: 1957 • Ratification: 161 • Suppression of forced or compulsory labour in 5 specific cases (art.C.

• 1) as a means of political coercion or education or as a punishment for holding or expressing political views ideologically opposed to the established political. social or economic system • 2) as a method of mobilising and using labour for purposes of economic development • 3) as a means of labour discipline .

national or religious discrimination .• 4) as a punishment for having participated in strikes • 5) as a means of racial. social.

• Abolition of child labour .

C. 138 on Minimum Age • • • • Adoption: 1973 Ratifications: 131 Aims at all forms of child labour Principle: the minimum age for admission to employment or work should not be less than the age for completing compulsory schooling .

• Coverage: all economic sectors • Obligations of States: – ensure the effective abolition of child labour – raise progressively the minimum age for admission to employment or work – fix a minimum age for admission to employment or work .

C. 182 on the Worst Forms of Child Labour • • • • Adoption: 1998 Ratifications: 147 Coverage: worst forms of child labour Principle: immediate and effective measures to prohibit and eliminate the worst forms of child labour should be taken as a matter of priority .

debt bondage. …). – 2) prostitutioin and pornography. including forced or compulsory recruitment of children for use in armed conflict). – 4) hazardous work (likely to harm the health. – 3) use of a child for illicit activities (drugs. safety or morals of children). . forced or compulsory labour.• Worst forms of child labour: – 1) slavery or similar practices (such as sale and trafficking of children.

• Elimination of discrimination .

C. 100 on Equal Remuneration • Adoption: 1951 • Ratifications: 161 • Equal remuneration for men and women workers for work of equal value • Applicable to: – public sector workers – private sector workers .

C. 111 on Discrimination (Employment and Occupation) • Adoption: 1958 • Ratifications: 159 • Promotion of equal opportunities and treatment regarding employment and occupation without distinction .

exclusion or preference – based on: • • • • • race and colour national extraction gender social origin political opinion – nullifying or impairing equality of treatment or opportunity .• Discrimination: – distinction.

• Employment or occupation: – access to vocational training – access to employment and particular occupations – terms and conditions of employment • Not discrimination: – inherent to job – warranted by security of state – measures of protection or assistance .

International law as regards national jurisdictions .