Abstract
This article intends to provide an overview of the role of International Labor Law in the defense of Labor rights. In short, the present paper aims to analyze the meaning of the International Labor Law and the social rights stated as fundamental rights by International Labor Organization - ILO within the human rights and globalization context. The constitutionalization of social rights represented a normative advance in the social rights. Adopting the historical perspective of evaluation, one defends the relevancy of the human rights notion to the social rights notion. From a globalization perspective, in which the national states lose power, a worldwide social declaration rekindles debates over the value of labor in the society, the theories of justice that justify it, and over the effectiveness and financing of these social rights. This study is divided into two chapters. The first one views an overall notion of human and social rights, the evolution of the international labor law and its linkage to the human rights. From the premises it is important to define which fundamental human rights model is implied in the ILO declaration of 1998. The second chapter points out the political, economical, juridical e cultural limits to the connection between the International Labor Law and the human rights over a critical view.
Highlights
The Labor Law, as a social right, as man’s rights, is born locally and becomes universal in subsequent declarations, contrary to freedom rights, which are born universally and adhere to the internal plan of the States as fundamental rights
Social rights viewed as human rights and subjective rights contrast with the proper essence of social rights, which are collective by nature
The 88th ILO Conference that ended in early June, 2000, re-examined new information based on the ILO Declaration regarding the principles and fundamental rights at work, pointing out a general discussion on the formation and development of human resources in which education constitutes a right for all and the Governments, along with the social agents, should do their best to make it a universal access, creating “a general economic environment and incentives for individual investment or overall education” for the permanent qualification of companies and workers
Summary
The Labor Law, as a social right, as man’s rights, is born locally and becomes universal in subsequent declarations, contrary to freedom rights, which are born universally and adhere to the internal plan of the States as fundamental rights. The ILO, as a privileged forum for labor discussions at an international level, intends to define the role of international labor rules in a globalized society and proposes in 1998 a declaration on the “Fundamental Principles and Rights at Work”. With such a declaration, the ILO expressly links the discussion on labor rules to the human rights. Besides the sovereignty crisis of the State-nation involved in a growing neoliberal globalization there are economic limits to the International Labor Law, which, on the one hand, is obliged to limit the fury of developing countries, and on the other hand, needs to positively support actions showing efforts from developing countries to promote the workers’ dignity, with responsibility and equity. From the premises it is important to define which fundamental human rights model is implied in the ILO declaration of 1998
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