Privilegios Relativos al Derecho al Dividendo

62

example, with regard to rights to participation, and the principle that in all decisions concerning the child, the child’s best interests must come first. It also created for the first time an international body responsible for overseeing respect for the rights of the child, the Committee on the Rights of the Child (UNICEF and Inter Parliamentary Union, 2004: 10).

Children’s right to be heard and to be taken seriously is a crucial and also visionary provision of the Convention on the Rights of the Child. It has helped to see childhood through a new lens and gain a renewed understanding of citizenship and democracy (Willow, 2010: vii). Child protection work aims to prevent, respond to, and resolve the abuse, neglect, exploitation and violence experienced by children in all settings (International Save the Children Alliance, 2007: 7). Recognition of the child’s right to protection is not limited to the Convention on the Rights of the Child. There are a number of other instruments, both those of the United Nations and those of other international and regional bodies, which also lay out these rights. These instruments include:

• The African Charter on the Rights and Welfare of the Child of the Organisation for African Unity (now African Union) of 1990

• The Geneva Conventions on International Humanitarian Law (1949) and their Additional Protocols (1977)

• International Labour Convention No. 138 (1973), which states that, in general, persons under the age of 18 may not be employed in jobs that are dangerous to their health or development, and International Labour Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

• The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children to the UN Convention on Transnational Organized Crime (UNICEF and Inter Parliamentary Union, 2004: 10).

63

workers as individuals or in groups against exploitation, taxation and other forms of oppression as well as during famines and political crises are part of global history (Apsel, ND: 2 ). Part of the history of workers’ oppression has been a range of violations of “bodily integrity.” Lack of decent working conditions resulted in serious health issues such as tuberculosis, asbestosis and increased mortality rates. Long hours of work under hazardous conditions led to workers living with debilitating and painful health conditions world-wide. The repercussions of such exploitation have long-lasting physical and mental effects on people’s lives and those of their families and communities (Apsel, ND: 2). “The protection of the worker against sickness, disease and injury arising out of his employment” is not only a labour right but a fundamental human right and is one of the main objectives of the ILO as stated in its Constitution. Therefore, the ILO contribution to the recognition of human rights in the world of work is clearly reflected in the fundamental principles of its labour standards (ILO, 2009: 5). Our workplaces should protect us from harm. If we work in risky environments, then we go to work every day with a high chance of coming home injured, sick - or not coming back home at all (ILO, 2009: 5)

Giving us a background to the need for Human right protection at work place Apsel (ND: 2) was apt in his analysis. As he poignantly asserts that:

The 1911 Triangle Fire (the loss of 146 employees of the Triangle Shirtwaist Co. who were locked in and perished in a factory fire) and its aftermath are part of the long struggle for human beings to achieve economic rights including the right to live and work in dignity. This history is part of the movement to transform the ideals of international human rights into reality for people in their everyday lives. In many respects, human rights run counter to the grain of history in which power and privilege have been based on birth, class, race, property, gender and other markers. The United States and Great Britain as the centres of capitalist development and industrialisation have been major sites of strikes, unrest, labour organising and a series of work accidents and killings in which workers lost their lives. Hence, workers who organised for fair wages and decent working conditions and those who gave up their lives, including victims of the Triangle Fire, are part of the movement to resist injustice and oppression and work toward human solidarity and economic rights.

In this sense, when it comes to workers’ health, work can be a positive experience or a very negative one. When we work, we become financially independent: we can reward ourselves with satisfying our basic needs and to indulge our desires. In turn, the whole give-and-take process interacts with our social aspirations and has repercussions on our psychological and

64

physical health - our well-being. This workplace which takes us away from our homes for a major part of everyday should then respect our wellbeing.

Being productive and active for decades of our lives should allow us to preserve our health long after we enter our retirement years (ILO, 2009: 5).

Following the devastation of World War I, a number of international organisations such as the League of Nations and the Hague Peace Palace were founded to work toward peace and to prevent conflicts. The importance of providing economic justice was understood as a crucial part of this international movement to secure peace and stability. Article 23 of the League of Nations Covenant included the “fair and humane conditions of labour for men, women, and children” and envisioned the establishment of international organisations to realize this objective. This goal was the focus of the International Labour Organisation (ILO) established in 1919 in Paris to promote fair and humane conditions for workers through legal mechanisms and monitoring procedures (Apsel, ND: 2).

The ILO was established in 1919 by the Treaty of Versailles. It was the only element of the League of Nations to survive the Second World War, and it became the first specialized agency of the United Nations system in 1945. The tripartite structure of the ILO (governments, employers, and workers) is unique among intergovernmental organisations, and the ILO is the only organisation in which governments do not have all the votes (UN, ND: 1). The ILO is composed of three organs: the General Conference of representatives of member states (the "International Labour Conference");

the Governing Body; and the International Labour Office. The Conference and the Governing Body are composed of half of government representatives and half of representatives of employers and workers of member States. The presence and voting power of these non-governmental elements give the ILO a unique perspective on the problems before it and offer possibilities for dealing with practical problems facing ILO members (UN, ND: 1).

The ILO’s vision was emerged from “the premise that universal, lasting peace can be established only if it is based upon decent treatment of working people”. The ILO charter of general legal principles included rights of association and collective bargaining, equal rights for women, abolition of child labour and limits on working hours (Apsel, ND: 2). At least 53 million people, the vast majority of which are women and girls, are employed in private homes as domestic workers (ILO, 2013: 19). They carry out essential tasks for the household, including cooking, cleaning, laundry, shopping, and caring for children and elderly members of the employer’s family (Human Rights Watch, 2012: 2).

65

Domestic workers contribute substantially to the global economy, constituting 7.5 percent of women’s total wage employment worldwide (ILO, 2013: 2). Migrant domestic workers provide billions of dollars in remittances for their countries of origin. Domestic work is not only an important livelihood for workers, but also enables employers to better their standard of living by maintaining employment outside the home (Human Rights Watch, 2012: 2). Despite their important contributions, discrimination, gaps in legal protections, and the hidden nature of their work place, domestic workers are at risk of a wide range of abuses and labour exploitation. Around the globe, domestic workers endure excessive hours of work with no rest, non-payment of wages, forced confinement, physical and sexual abuse, forced labour, and trafficking. Children—who make up nearly 30 percent of domestic workers—and migrant domestic workers are often the most vulnerable. In many countries, domestic workers are excluded from national labour laws, leaving them no legal right to limits on their hours of work, a minimum wage, or adequate rest. A 2009 survey of 70 countries by the International Labour Organisation (ILO) found that 40 percent did not guarantee domestic workers a weekly day of rest, and half did not impose a limit on normal hours of work for domestic workers (ILO, 2009: 50). Without legal protection, domestic workers are at the mercy of their employers (Human Rights Watch, 2012: 2).

An impressive array of laws on both the national, regional and international level have been drafted and passed to protect workers that articulate a range of rights from free association, the right to strike to healthy work conditions. Yet, the struggle to concretely realize these rights goes on (Apsel, ND: 2). “The protection of the worker against sickness, disease and injury arising out of his employment” is not only a labour right but a fundamental human right and is one of the main objectives of the ILO as stated in its Constitution. Therefore, the ILO contribution to the recognition of human rights in the world of work is clearly reflected in the fundamental principles of its labour standards (ILO, 2009: 5).

On June 16, 2011, ILO members – governments, trade unions, and employers’ associations – voted overwhelmingly to adopt the ILO Convention Concerning Decent Work for Domestic Workers (Domestic Workers Convention, No. 189). This groundbreaking treaty establishes the first global standards for domestic workers. Under the Convention, domestic workers are entitled to the same basic rights as those available to other workers in their country, including weekly days off, limits to hours of work, minimum wage coverage, overtime compensation, social security, and clear information on the terms and conditions of employment (Human Rights Watch, 2012: 3). The new standards oblige governments that ratify

66

to protect domestic workers from violence and abuse, to regulate private employment agencies that recruit and employ domestic workers, and to prevent child labour in domestic work. Since the Convention’s adoption in 2011, dozens of countries have taken action to strengthen protections for domestic workers. Several countries from Latin America, Asia, Africa, and Europe have already ratified the Convention, while others have pledged to do so. Many others are undertaking legislative reform to bring their laws into compliance with the new standards. Already, millions of domestic workers have benefited from these actions (Human Rights Watch, 2012: 3).

The Domestic Workers Convention (C 189) requires governments to provide domestic workers with the same basic labour rights as those available to other workers, to protect domestic workers from violence and abuse, to regulate private employment agencies that recruit and employ domestic workers, and to prevent child labour in domestic work (Human Rights Watch, 2012: 3).

The following is a brief summary of its provisions (Human Rights Watch, 2012: 3).

Article 3: domestic workers should enjoy the ILO fundamental principles and rights at work:

1) freedom of association;

2) elimination of forced labour;

3) abolition of child labour;

4) elimination of discrimination

Article 4: protections for children, including a minimum age and ensuring that domestic work by children above that age does not interfere with their education

Article 5: protection from abuse, harassment, and violence

Article 6: fair terms of employment, decent working conditions, and decent living conditions if living at the workplace

Article7: information about terms and conditions of employment, preferably in written contracts

67

Article 8: protections for migrants, including a written job offer before migrating and a contract enforceable in the country of employment.

Countries should cooperate to protect them and specify terms of repatriation

Article 9: prohibits confinement in the household during rest periods or