Workers rights and human rights: toward a new fundamental principle?

Abstract

This chapter explores the protection of workers' rights as human rights. Our specific focus is the current discussion within the International Labour Organization about whether a right to safe and healthy working conditions will be recognized as among the ILO's fundamental principles and rights at work. The most recent catalyst for the discussion lies in the report of the ILO's Global Commission on the Future of Work, which recommended creation of a Universal Labour Guarantee that would add "a set of basic working conditions" to the existing fundamental principles and rights at work. After reviewing the debate over labour rights as human rights, and the ILO's 1998 Declaration on Fundamental Principles and Rights at Work, we consider the basic working conditions proposed as part of the Universal Labour Guarantee. We then chart the fate of the Universal Labour Guarantee from the ILO's Centenary Declaration to current proposals before the ILO Governing Body to acknowledge a right to safe and healthy working conditions as a fundamental right. We conclude with observations about the potential impact of the Centenary Declaration and some of the implications of expanding the definition of fundamental rights.