International Human Rights

Lesson 5: Regional Systems and the ILO

Session 5.2 – International Labor Organization (ILO)

While the ILO is not a regional organization, it merits consideration because it ranks as one of the oldest forms of human rights development and maintains a rather unique system. During this session, consider how the ILO is similar and different to what we have discussed thus far. ILO was founded in 1919, making it the oldest existing inter-governmental body in the human rights field.

The focus on human rights derives from many sources. One important source is the 1944 Declaration of Principles concerning the aims and purpose of the ILO. It notes that all human beings have the right to pursue both their material well-being and their spiritual development. The focus in the ILO is on social justice via human rights, with a view towards upholding one’s well being, economic security and freedom and non-discrimination The approach is holistic (meaning the whole is greater than the sum of its individual parts). As a result, there is no distinction between the importance of civil and political rights as opposed to social and economic rights – yet there is a focus on developing economic and social rights

The ILO methods are:

Standard setting – creating just and favorable work conditions as noted in UDHR 23 and ICESCR 7. The approach is that all rights are strictly universal but there is a built in flexibility pursuant to the state’s level of economic and social development

Technical cooperation – the ILO assists in drafting laws pursuant to the conventions, appoints regional advisors to assist states and conducts seminars, Research and diplomatic contacts with the states.

The ILO passes:

Conventions – formally binding legal documents that the state must ratify. No reservations are allowed. Recommendations – informal, non-binding principles (generally because it is difficult to identify the underlying obligation).

Yet the recommendations assist to define conventions and outline plans of implementation.

Furthermore, they ensure compliance with a state's obligations and promote the overall application of ILO standards

The key targets of the ILO are the national laws and practices of the state.

Note however that the ILO also influences international bodies, such as the European Social Charter of the COE and various EU regulations that were clearly based on ILO standards

The ILO also provides specific standards and develops some notion of common law.

The ILO constitution requires a state to ratify a convention within one year of signing (or up to 18 months) and report such developments to the ILO’s Director General. The Governing Body of the ILO also chooses a specific convention each year to discuss and assess which states have ratified it.

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