经济、社会与文化权利委员会讨论有关公正和合适的工作条件权问题的一般性意见草案（部分翻译）

经济、社会与文化权利委员会

2015年6月16日

经济、社会与文化权利委员会今天就《经济、社会与文化权利国际公约》有关公正和合适的工作条件权问题的第七条规定的一般性意见草案举行了一场半日一般性讨论。

此次讨论重点关注一般性意见草案的多个部分，特别是关于：1）规范内容，2）义务，3）违反。

委员会主席瓦利德·萨迪（Waleed Sadi）在开启一般性讨论时强调称，第七条讨论了《公约》的一个非常重要的方面，即公正和合适的工作条件。

第七条指出：“本公约缔约各国承认人人有权享受公正和良好的工作条件，特别要保证：（甲）最低限度给予所有工人以下列报酬：（１）公平的工资和同值工作同酬而没有任何歧视，特别是保证妇女享受不差于男子所享受的工作条件，并享受同工同酬；（２）保证他们自己和他们的家庭得有符合本公约规定的过得去的生活。（乙）安全和卫生的工作条件；（丙）人人在其行业中有适当的提级的同等机会，除资历和能力的考虑外，不受其他考虑的限制；（丁）休息、闲暇和工作时间的合理限制，定期给薪休假以及公共假日报酬。”

一般性讨论由两名委员会报告员玛利亚-弗吉尼亚·布拉斯·戈麦斯（Maria-Virginia Bras-Gomes）和雷纳托·泽比尼·里贝奥·雷奥（Renato Zerbini Ribeiro Leao）引领，他们还介绍了一般性意见草案。随后进行的讨论包括各国、非政府组织、国际组织和其他相关利益攸关方提交的信息。

此次讨论的结果将汇总为一般性意见草案第二稿，并将在2015年9月举行的委员会下届会议上宣读。

委员会将于6月19日星期五下午3点再次召开公开会议，届时将于第五十五届会议闭幕前通过有关吉尔吉斯斯坦、委内瑞拉、蒙古、泰国、爱尔兰、智利和乌干达报告的结论性意见，这些国家的报告将在本届会议上接受审议。 

General Discussion

MARIA VIRGINIA-BRAS GOMES, Co-rapporteur of the Committee for the Consideration of the Draft General Comment on the right to just and favourable conditions of work (Article 7), stressed that the economic crisis was not favourable to the creation of employment and growth and recent years had seen the just and favourable conditions of work undermined, due to the austerity and the general weakening of working conditions, including labour contracts. Therefore, it was suggested to draft a General Comment on the right to just and favourable conditions of work (Article 7). Ms. Gomes drew attention to the gender implications of Article 7 of the Covenant. The aim of the discussion was to gather specific observations and proposals on the General Comment as currently drafted. The Comment would then be reviewed during a second or third reading, if necessary, before being adopted the following year.

RENATO ZERBINI RIBEIRO LEÃO, Co-rapporteur of the Committee for the Consideration of the Draft General Comment, stated that the draft General Comment at this stage contained four parts dedicated to the introduction, the normative content (which covered specific implementation issues), obligations and violations (of the rights contained in Article 7).

International Trade Union Confederation congratulated the two Co-rapporteurs for the draft General Comment, and asked for a clarification of some of the text. He particularly referred to the minimum wage issue, where it ought to be clarified that what was meant by it was a minimum living wage which allowed workers to enjoy a standard of living, in line with the International Labour Organization Convention 131. The General Comment should also clarify what was meant by "fair wages"; such wages should be subject to collective bargaining. Instead of “realistic wage,” it was suggested that the General Comment talk about “adequate salary”.

Autistic Minority International indicated that he represented the first organization of autistic defense led by people with autism. Autism was a neurological condition, both genetic and hereditary, he stated, adding that it affected one percent of the world’s population. Autistic individuals spent their lives overcoming obstacles that non-autistic people could not even perceive. The fear of discrimination in the workplace was the first reason why autistic individuals did not speak of their illness. He then expressed satisfaction that the draft General Comment, as currently drafted, stated that disabled people were discriminated against. He drew attention to the fact that many autistic individuals were not paid, or received lower wages.

Clean Clothes Campaign said that the non-governmental organization was an international network aimed at improving the working conditions in the garment industry. Over the previous 26 years, they had found that working conditions in that industry were increasingly difficult and that workers' rights were violated. While the Draft General Comment presented by the Committee was good, a clarification should be made regarding the issues of salary, building safety (safety at work), and corporate responsibility (including when supply chain companies were concerned). In particular, the minimum wage should provide a worker with an income on which he could live.

Greece emphasized that it would be a mistake to think that progress in terms of respect for international labour standards had been reached. That was why that discussion was particularly relevant and why the promotion of each of the provisions of Article 7 of the Covenant was needed. In the view of the current Greek Government, the promotion of the labour law was a prerequisite for any sustainable growth.

International Commission of Jurists urged the Committee to revise the wording of the first paragraph of the draft General Comment, in order to emphasize that the text did not only aim to assist States in preparing their periodic reports. The General Comment should also emphasize that the enjoyment of the right to just and favourable conditions of work did not depend on whether the worker was employed in the public sector or the private sector.

Office of the High Commissioner for Human Rights endorsed paragraph 3 of the draft General Comment regarding the existing wage gap between men and women. The text should nonetheless refer to the general trend of inadequate salaries, including for the working poor, even before talking about wage differences. It should also have a specific paragraph on the working conditions of migrant workers, she added.

Programme on Women’s Economic, Social and Cultural Rights stated that all women engaged in various economic activities contributed not only to their household income but also to the national wealth. They spent much of their time and energy to ensure food security (subsistence) for the members of their family, but those vital contributions were undervalued and unrecognized, and considered insignificant from an economic point of view. It had to be ensured that the majority of women with a minimum wage were entitled to minimum living conditions. Beyond the “de jure,” there was also the question of “de facto” equality in the enjoyment by women of their economic, social and cultural rights.

International Disability Alliance said that the organization represented about one billion persons with disabilities worldwide and stressed the importance of the draft General Comment for the inclusion of those people into the labour market. Too often, persons with disabilities were granted merely a subsistence wage because they were considered less productive than others. There should be an awareness campaign aimed at employers so that they would become aware of all their duties towards persons with disabilities. Workers should not be discriminated against because of their proximity to persons with disabilities, such as disabled children.

Make Mothers Matter drew attention to the penalties suffered by women due to maternity in particular. The family choices that women made (such as maternity leave, career breaks part time jobs, self-employment) were often not real choices, and hindered their financial income. It was therefore appropriate to allow men and women to have career breaks, especially in order to be able to care for their children. Those issues should be addressed in the text of the draft General Comment.

United Nations Research Institute for Social Development called attention to the problem of sexual harassment at work and suggested that that problem be stressed in the draft General Comment, so that it would influence the adoption of international norms on the question. Another representative suggested that the Draft General Comment refer to lesbian, gay, bisexual, transgender and intersex persons and the question of sexual identity and related discrimination.

A Committee Expert stressed the importance of ensuring equal pay for equal work for women and men; that was an immediate right rather than a progressive realization right, she observed.

Greece said that in Greece the minimum salary had been reduced by more than 20 percent, and was today below the poverty line, so that it did not constitute a decent salary.

In their concluding comments, the Committee Co-rapporteurs stated that the draft General Comment had its own contribution to mitigating socio-economic inequality. As for the issue of obligations of States and private actors, there was always a difference in the language used for States vis-à-vis that used for private parties. Regarding the suggestion to review the wording of the first paragraph of the draft General Comment as currently drafted, Ms. Bras Gomes emphasized that that was the usual wording of the first paragraph of any General Comment of the Committee. The Co-rapporteurs assured participants that all contributions would be taken very seriously.
____________
For use of the information media; not an official record

Follow UNIS Geneva on: Website | Facebook | Twitter | YouTube |Flickr