CONVENTIONS RELATING TO BASIC HUMAN

RIGHTS

INTRODUCTION
• Basic Human Rights
• Although the ILO Conventions relate to variety
of subjects, it is proposed to discuss some of
the most imp. Conventions or
Recommendations dealing with basic and
fundamental aspects of working class having a
direct bearing on the cause of social justice
and everlasting universal peace which is one
of the most focussed objectives of the
establishment of the ILO .
• While making a study of ILO’s Conventions or
Recommendations relating to basic human
rights. Many ILO Conventions or
Recommendations deal with similar rights that
are recognised under other ICCPR and ICESCR.
• It may be noted that Convention C.No.87 deal
with Freedom of Association and protection of
right to organise was adopted by the ILO on
the request of the UNO, to adopt such
Conventions endorsing various principles
contemplated in the International Covenants.
• The International Labour Organization (ILO) deals
with the whole range of labour issues. 
• It attaches particular importance to basic economic
and social as well as civil and political rights, as an
essential element to improve the conditions of
workers.
• These ILO standards help States to implement their
human rights obligations, including – but not limited
to – rights relating to employment under fair
conditions of work, and rights to social security and
maternity protection, as well as fundamental
freedoms, including from forced or compulsory
labour and child labour.
• The Conventions and Recommendations
relating to Human Rights are discussed under
the following heads:
- Freedom of Association
- Forced Labour
- Equality of Opportunity and Treatment
Conventions concerning Employment of Women:
• In the history of mankind woman has been subject to
various constraints and compulsions in the man
dominated society.
• The problem for her suppression has not been confined to
any particular region, religion or any socio-cultural
relationship and it has travelled beyond all these
boundaries.
• Basically, it appears that sex-discrimination has been a
root-cause of her sub-ordinated position. This
discrimination is also prevalent in the field of industrial
workers ever since the world became industrialised. Thus,
it attracted the attention of the ILO to discharge its
commitment to the cause of social justice.
• The ILO has taken several steps to eradicate
the menace of sex discrimination in the matter
of Equal Remuneration for work of equal value
through C.No. 100 of 1951 and by C.No. 111
concerning Discrimination (Employment and
Occupation) 1958, prohibiting discrimination
in the matter of employment opportunities.
• Some of the Conventions relating to basic
Human Rights adopted by ILO contained
certain Articles in favour of weaker sex.
• Convention No.1 of 1919 – concerning Maternity Protection (12
Articles)
• Provide protection to the women workers who are on their family-
way, to stay at home with appropriate health care, away from the
work place.
• Art. 3 lays down that in any public or private industrial or
commercial undertaking or in any branch thereof, a woman shall not
be permitted to work during 6 weeks following her confinement.
• Art.4 deals with the cases of illness arising out of her pregnancy or
confinement.
- where a women is absent from her work on account of her
confinement in accordance with Art.3, due to illness medically
certified to arise out of pregnancy or confinement and which renders
her unfit for work, the concerned employer shall not give her, notice
of dismissal during such absence and such notice shall not be lawful.
• Convention No. 183 of 2000 – concerning
revised Maternity Protection: (21 Articles)
• It gives to protection to the Pregnant Women
including breastfeeding mother and the child.
• Under Art. 10 – the breastfeeding mother is
given a right to one or more daily breaks or
reduction of hours of work to breastfeed her
child. Such breaks and duration shall be
determined by the National Law.
• Convention No.4 – Concerning night work
(women) convention:
• This convention prohibits the employment of
women, without the distinction of age, during
night in any public or private undertaking or in
any branch thereof, other than those
undertakings where only the members of the
same family are employed.
• Conventions concerning Social Security:
• The very idea of social security is based on the
ideals of humanity and social justice to which
every civilised society is committed.
• In a civilised society, every one is concerned with
the welfare and well-being of his fellow country-
men and has some social obligation to discharge.
• The social security measures are considered
effective means of establishing social justice.
• The ILO has been committed to the cause of social
justice being one of its most thrusted aims to be
achieved.
• In 1919, in its first session, ILO adopted
conventions relating to social security
concerning maternity protection, and
subsequently, ILO contributed very effectively
through its conventions relating to
employment injury benefit, unemployment
benefits, old-age, invalidity and survivor’s
benefits, protection in the various social
security branches.
Conventions concerning Employment Injury Benefit :
• Convention No.17 of 1925 – concerning Workmen’s
Compensation for Accidents:
• It has adopted by ILO at 7th Session held at Geneva on
19-05-1925. (19 Articles)
• This Convention made exhaustive provisions for the
application and coverage of the compensation benefit
to all the workman, employees including apprentices
employed by any enterprise, undertaking or
establishment whether public or private.
• The compensation is also payable to the dependents
of the workmen who suffers any personal injury due
to industrial accident.
• Convention No.19 of 1925 – concerning equality
of treatment (Accident Compensation): (12
Articles)
• It contemplates that each Member of ILO which
ratifies this convention shall undertake to grant
to the national of any other member-country
which has ratified the Convention who suffer
personal injury due to industrial accidents
happening in its territory, or to their
dependents, the same treatment in respect of
workmen’s compensation as it grants to its own
nationals.
• Convention No. 42 of 1934 – concerning workmen’s
compensation for Occupational Diseases : (9
Articles)
• The main contribution of this convention is the
addition of certain other diseases and toxic
substances.
• The schedule is enlarged to include additional
diseases and toxic substances like Silicosis,
Phosphorous poisoning, Arsenic poisoning,
poisoning by Benzene, or by Halogen derivative and
Pathological manifestations due to radium and other
radio-active substances or X-rays and primary
epitheliomatous cancer of the skin.
• UNEMPLOYMENT BENEFITS:
• The ILO has not only been rendering its services for the
protection and amelioration of the working class, but its
aims also include the disposal of social justice.
• Freedom from want is one of the main objectives relevant
to the social justice.
• Service employment is the main source of earning
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livelihood, the unemployment is considered as major
problem in the way of dispersing social justice.
• The ILO has taken note of the wide spread unemployment
affecting the development of its member-countries,
particularly the young and able-bodied persons who are
left in search of their livelihood.
• Convention No.44 – concerning Unemployment provision:
• It contemplates that each Member-country of the ILO which
ratifies this convention shall undertake to maintain a scheme
for the payment of benefit of the persons who are voluntarily
unemployed.
• This convention applies to all persons habitually employed for
wages or salary.
• The national law of the ratifying member-country may
provide for the payment of benefit or allowance and also the
conditions under which a person passes from benefit to
allowance.
• The Convention also prescribed that the right to receive
benefit or allowance shall not be normally less than 156
working days per year and shall in no case be less than 78
working days per year.
 Medical Care and Sickness Benefit
• Convention No. 24 of 1927 – concerning sickness Insurance
(industry):
• The Convention requires the member-countries which ratify
this convention to set-up a compulsory sickness insurance
system which shall apply to manual and non-manual workers
including apprentices employed by industrial undertakings,
commercial undertakings, out-workers and even domestic
servants.
• The Sickness benefit shall be payable in cash to an insured
person who is rendered incapable of work by reason of
abnormal bodily or mental health.
• The sickness benefits granted under this convention shall not
affect the obligations arising out of the Convention relating to
employment of women before and after the child birth.
• Convention No. 130 of 1969- concerning medical
care and sickness benefits: (45 Articles)
• The contingencies to be covered for sickness benefit
or medical care shall include medical care of curative
nature as well as medical care of preventive nature.
• Article 12 clarifies that persons who are in receipt of
a social security benefit for invalidity, old age, death
of the bread winner or unemployment and wherever
appropriate, the wives and children of such persons,
shall continue to be protected under prescribed
conditions.
• Articles 28 to 34 deals with common provisions
and specifies the conditions under which a
protected person is not entitled to any benefits
if he is absent from the territory of the
member-country, or he is already indemnified
for the contingency by the third party, or he is
made a fraudulent claim, or the contingency is
caused by a criminal offence committed by him
or he willfully neglects the medical advice or he
is maintained at public expense or he is in
receipt of any other social security benefit in
respect of the contingency.
• Convention No. 35 concerning Old-Age Insurance (Industry
etc.,) (30 Articles)
• It deals with compulsory old-age insurance for persons
employed in Industrial or Commercial Undertakings in the
liberal professions, and for out-workers and domestic servants.
• This Convention imposes an obligation on the ratifying
member-countries to maintain a scheme of compulsory old-
age insurance which apply to manual and non-manual
workers, including apprentices employed in industrial or
commercial undertakings or in the liberal professions, and also
to outworkers and domestic servants.
• The insurance scheme is to be administered by the institutions
established by the public authorities on a non-profit basis, and
it may be administered by State Insurance funds.
• It provides for an exception to the insurance
scheme if any member country already has a
non-contributory pension scheme which
guarantees an individual right to a pension.
• This convention deal with the ratification and its
binding effects, and also the procedure for its
denunciation.
• The ratification is binding for an initial period of
10 years and continues to bind thereafter also if
it is not denounced by the member-country
within one year following the expiration of the
period of every 10 years.