The activities of UN Human rights bodies in 2020
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- Les activités des organes des Nations Unies chargés des droits de l’homme en 2020 [fr]
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1The pandemic year was the moment for uniting the efforts of all UN Human rights bodies and formulating the guidance for ensuring human rights in the time of Covid restrictions. Provided these circumstances the present paper will concentrate first on the legal positions of certain Human Rights bodies dedicated especially to the implementation of labour rights in pandemic.Then, following the traditional approach of this annual review, the concluding observations of the Human Rights Committee and the Committee of economic, social and cultural rights will be considered.
I - Statements by human rights treaty bodies in the context of COVID-19
- 1 COVID-19 impact on child labour and forced labour: The response of the IPEC+ Flagship Programme htt (...)
2Pandemic and the measures carried out by the states to ensure the protection of people had a deep negative impact on the world of work. It goes without saying that the closure of borders, the temporary stoppage of business activities were the reasons for the unemployment growth, the broadening of the informal labour, for the violation of social rights of millions of people. It was a great a challenge for the states, for the international cooperation and for the system of international human protection as well. The harmful effects of this pandemic are expected to be most damaging in the poorest countries and in the poorest neighbourhoods, and for those in already disadvantaged or vulnerable situations, such as children in child labour and victims of forced labour and human trafficking, particularly women and girls1. Unformal workers, migrants and disabled people should also be included in this list. As will further demonstrate the recommendations, adopted by UN human rights bodies in pandemic were often focused on these groups of people. The unprecedented unanimity, the high level of coordination of the efforts of different international bodies and the promptness of their reaction should be outlined.
- 2 https://www.ohchr.org/EN/HRBodies/Pages/COVID-19-and-TreatyBodies.aspx
- 3 https://www.ohchr.org/EN/HRBodies/Pages/COVID-19-and-TreatyBodies.aspx
- 4 See in particular, Statement on the coronavirus disease (COVID-19) pandemic and economic, social an (...)
3The key recommendations on how to implement human rights in pandemic are published in the Compilation of statements by human rights treaty bodies in the context of COVID-19 Geneva, adopted in September 20202. The publication of a toolkit of treaty law perspectives and jurisprudence in the context of COVID-19 is another valuable international initiative3. The need to act with within a human rights framework, permitting only necessary and proportionate restrictions of rights is the cross-cutting thread of all the recommendation4.
- 5 CEDAW. Guidance Note on CEDAW and COVID-19 (22 April 2020)
4Addressing the need to protect women and girls Committee on the Elimination of Discrimination against Women (CEDAW) urged the states to take special measures for the protection of refugee and internally displaced women and girls, addressing their increased risk of trafficking and survival sex during the pandemic. It also noted that the COVID-19 crisis adversely affected women in low-paid jobs and in informal, temporary or other precarious forms of employment, especially in the absence of social protection. Therefore, recovery plans should address gender inequalities in employment, promote transition of women from the informal economy to the formal economy and provide relevant social protection systems for them5.
- 6 Joint Guidance Note on the Impacts of the COVID-19 Pandemic on the Human Rights of Migrants by the (...)
5In respect of migrants UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families underlined the need to guarantee access to social services for migrants and their families. Particular needs of migrant women, children and others in vulnerable situations should also be attended6. Despite the low ratification rate of this convention and the lack of ratification from almost all developed countries, these recommendations are addressed to them as well. This appeal is based on interpretation of the whole set human rights treaties.
- 7 CESCR, statement on COVID-19 (2020).
- 8 Ibid., § 5.
- 9 See Concluding observations for Israel (2019), E/C.12/ISR/CO/4, § 23(c).
- 10 See Committee on Economic, Social and Cultural Rights, general comment no. 19 (2008) on the right t (...)
6The CESCR7 urged the states to mitigate the adverse impact of COVID-19 responses on the employment and the remuneration of workers, such as unfair dismissals and layoffs, reduced working hours, modifications to the type of employment. States parties should ensure that safe and hygienic working conditions are guaranteed8. The Committee also underlined the value of the effective participation of trade unions at all levels of decision-making processes - workplace, industrial and national levels - so as to ensure the protection of workers’ rights during the COVID-19 pandemic, including in the design of mitigation measures for the economy and the labour market. An important recommendations was formulated in respect of the right to social security: basic social security guarantees including universal access to the necessary health services and basic income security (e.g. in case of sickness, death, unemployment and loss of livelihood) should be ensured in the COVID-19 pandemic response; states parties should ensure that social security benefits cover all marginalized and disadvantaged individuals, particularly those who are severely affected by the COVID-199. In case of severe lack of resources, States parties should ensure minimum benefits for the selection of a core group of social risks and contingencies, made following a wide process of consultation10.
- 11 CESCR, statement on COVID-19 (2020).
- 12 See Judgment Of The Constitutional Court Of Latvia, 21 December 2009, in the case 2009-43-01 that h (...)
7An important conclusion is that any measures relating to the labour market, envisaged by States parties to respond to economic fallouts from the COVID-19 pandemic, should be centred on the Covenant rights. They should be necessary to combat the public health crisis posed by COVID-19, and be reasonable and proportionate11. Provided almost universal ratification of the ICESCR, this legal position might become the source of inspiration and support for national courts, considering the restrictions imposed in Covid era. Here we can recall the jurisprudence of Constitutional courts on austerity measures, when they were held unconstitutional relying also on positions of the ECtHR and the CESCR12.
II - Concluding observations of HRC and CESCR in 2020
- 13 Concluding observations no. E/C.12/UKR/CO/7; E/C.12/NOR/CO/6; Е/С.12/GIN/C0/1; E/C.12/BEN/CO/3; E/C (...)
- 14 Observation (CEACR) - adopted 2020, published 109th ILC session (2021) Ukraine Labour Inspection Co (...)
8In 2020 the CESCR adopted only five concluding observations, in respect of Ukraine, Norway, Guinea, Benin, Belgium13. The need to ensure equality of men and women and the issue of unemployment were one of the common points. In this regard it was recommended to Ukraine, for example, to promote women’s full participation in the labour market, including by developing adequate and affordable day-care solutions and encouraging men to use their right to paternity leave and paid parental leave. The Committee was concerned with the high rate of unemployment among internally displaced persons, Roma and persons with disabilities and recommended inter alia enforcing the quotas for employment of persons with disabilities and raising awareness of the existing programmes providing benefits for employers who hire internally displaced persons. It also underlined the need to regularize the status of workers engaged in the informal economy, especially migrant workers and women, and, pending this regularization, extend the coverage provided by existing labour and social protection legislation to them and ensure effective labour inspection. It should be noted that the latter requirement is consonant to the recent Observation of CEACR14.
9The Committee urged Ukraine to review the draft law regarding the restriction of trade union activities (no. 2681), the strikes and lockouts (no. 2682), to ensure the effectiveness of collective bargaining and of the right to union representation, in compliance with article 8 of the ICESCR and the provisions of the ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (no. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (no. 98). This is also an example of the practical interconnection of different international treaties on labour rights.
10The issue of business and human rights was considered in the concluding observations to the reports of Norway and Belgium. In respect of the former, the Committee appreciated the adoption of a national action plan “Implementing the United Nations “Protect, Respect and Remedy”. However, it was concerned about the insufficient level of implementation of the plan. It also noted the inadequate access to remedies in the State party by non-nationals whose rights have allegedly been violated by Norwegian companies abroad. The Committee also welcomed the adoption of Belgic National Action Plan on Business and Human Rights in 2017, expressing its concern about the wholly voluntary nature of all the listed measures. As well as in respect of Norway, it noted that the Belgic plan lacks an effective complaints system and a support mechanism for victims of reprisals. It recommended Belgium to adopt a binding regulatory and normative framework that: (a) Requires business entities based in the State party to exercise human rights due diligence in their operations and in their business relationships, both in the State party and abroad; (b) Holds business entities liable for violations of economic, social and cultural rights; (c) Enables victims, including victims of reprisals, to seek remedies through judicial and non-judicial mechanisms.
- 15 E. Sychenko, « News - ONU », Revue de droit comparé du travail et de la sécurité sociale, 2020/2.
11The recommendations in this field are needed for the promotion of corporate social responsibility initiatives and in convincing states to take seriously the human rights violations of the MNC abroad. Last year largely the same recommendations were expressed in respect of Denmark15.
12The treatment of disabled people was another common point in Belgic and Norwegian observations. The Committee found that the introduction of the possibility of flexible drawing of the old-age pension for persons aged between 62 and 75 years, which enables pensioners to combine work and pension and continue to accrue their pension points. However, disabled people are systematically prevented from accruing pension points from the age of 62, as they are transferred to the old-age pension only at the age of 67. This leads to about 10 per cent disadvantage in their old age benefits. In Belgium, the CESCR was concerned at the very low employment rate for persons with disabilities which was below the quotas and targets set by the public authorities.
13In respect of Belgium the Committee also pointed the need to ensure that domestic workers enjoy the same conditions as other workers as regards remuneration, rest and leisure, limitation of working hours and protection against unfair dismissal.
- 16 Observation (CEACR) - adopted 2018, published 108th ILC session (2019) Worst Forms of Child Labour (...)
14Between the concerns formulated by the CESCR for Guinea the proposed framework for the protection and promotion of the rights of persons with disabilities should be mentioned. Between other measures it underlined the need to impose a requirement of reasonable accommodation. The economic exploitation of children was mentioned as an issue in Guinea. CESCR recommended to strengthen the legislation and ensure that it is enforced effectively, punish the perpetrators and take measures to facilitate the rehabilitation and social reintegration of child labourers. These recommendations are in line with the views of CEACR16.
- 17 Committee on the Rights of the Child. Concluding observations on the report submitted by Benin. 29 (...)
- 18 2020 Trafficking in Persons Report: Benin Office to Monitor and Combat Trafficking in Persons: http(...)
15Surprisingly, the same issue was considered in respect of Benin. Although the persistence of harmful practices such as vidomegon (placing children in families which traditionally are responsible for their care and their education, in particular), the prevalence of cases of trafficking in children from and into neighbouring countries, particularly for domestic servitude and commercial sexual exploitation in cases of girls, and for forced labour in mines, quarries, markets and farms in cases of boys, especially in diamond-mining districts17 has been numerously noted by other international bodies. The lack of attention to the problem of human trafficking in Benin also cannot be explained. According to the recent Trafficking in people report, human traffickers exploit domestic and foreign victims in Benin, and traffickers exploit victims from Benin abroad18.
- 19 Concluding observations no. ССРR/C/C A F/C0/3; CCPR/C/UZB/C0/5; CCPR/C/PRT/C0/5; СС Р R/C/T U N/C0/ (...)
- 20 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supp (...)
16Human Rights Committee adopted five observations in 2020, in respect of Central African Republic, Uzbekistan, Portugal, Tunisia and Dominica19. Gender equality in the labour market and the issue of human trafficking (HT) were the key common points in all the observations. It is important to note that though the ICCPR does not specify the particular obligations of the states to suppress human trafficking, the norms of article 8 of the Covenant are interpreted in line with the developed international understanding of the states’ obligations to prevent HT, protect the victims, ensure the remedy and rehabilitation. These obligations are enshrined in the Palermo protocol20, the Protocol of 2014 to the Forced Labour Convention, 1930 and the Forced Labour (Supplementary Measures) Recommendation, 2014 (no. 203).
17Concluding this brief review three main points should be outlined. Firstly, the legal positions of the UN Human Rights bodies expressed in relation to Covid pandemic might be a valuable tool for challenging the decisions of states restricting labour and social rights. To ensure the use of these instruments the information about the UN approach to this issue should be widely disseminated. Secondly, again in 2020 the UN Human Rights Committees contributed to the perception of internationally recognized human rights as a whole, referring to the ILO standards and reflecting the positions of CEACR. Thirdly, the lack of attention of Human Rights bodies to certain important issues which were considered by CEACR is the sign for the non-governmental organizations presenting the reports before the Committees. In order to enhance the efficiency of international monitoring these organizations, in my opinion, should also refer to the problems already raised by other international bodies.
Notes
1 COVID-19 impact on child labour and forced labour: The response of the IPEC+ Flagship Programme https://www.ilo.org/wcmsp5/groups/public/@ed_norm/@ipec/documents/publication/wcms_745287.pdf
2 https://www.ohchr.org/EN/HRBodies/Pages/COVID-19-and-TreatyBodies.aspx
3 https://www.ohchr.org/EN/HRBodies/Pages/COVID-19-and-TreatyBodies.aspx
4 See in particular, Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights by the Committee on Economic, Social and Cultural Rights, E/C.12/2020/1 (6 April 2020).
5 CEDAW. Guidance Note on CEDAW and COVID-19 (22 April 2020)
6 Joint Guidance Note on the Impacts of the COVID-19 Pandemic on the Human Rights of Migrants by the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families and the UN Special Rapporteur on the human rights of migrants (26 May 2020). See also Covid-19 and the Human Rights of Migrants: https://www.ohchr.org/Documents/Issues/Migration/OHCHRGuidance_COVID19_Migrants.pdf. It is important to note that the guidance is available in other official UN languages as well.
7 CESCR, statement on COVID-19 (2020).
8 Ibid., § 5.
9 See Concluding observations for Israel (2019), E/C.12/ISR/CO/4, § 23(c).
10 See Committee on Economic, Social and Cultural Rights, general comment no. 19 (2008) on the right to social security, E/C.12/GC/19, § 31 and 59(a).
11 CESCR, statement on COVID-19 (2020).
12 See Judgment Of The Constitutional Court Of Latvia, 21 December 2009, in the case 2009-43-01 that held unconstitutional the reductions of pensions.
13 Concluding observations no. E/C.12/UKR/CO/7; E/C.12/NOR/CO/6; Е/С.12/GIN/C0/1; E/C.12/BEN/CO/3; E/C.12/BEL/CO/5.
14 Observation (CEACR) - adopted 2020, published 109th ILC session (2021) Ukraine Labour Inspection Convention, 1947 (no. 81)
15 E. Sychenko, « News - ONU », Revue de droit comparé du travail et de la sécurité sociale, 2020/2.
16 Observation (CEACR) - adopted 2018, published 108th ILC session (2019) Worst Forms of Child Labour Convention, 1999 (no. 182) – Guinea.
17 Committee on the Rights of the Child. Concluding observations on the report submitted by Benin. 29 November 2018. CRC/C/OPSC/BEN/CO/1; see also Observation (CEACR) - adopted 2018, published 108th ILC session (2019) Worst Forms of Child Labour Convention, 1999 (no. 182) - Benin.
18 2020 Trafficking in Persons Report: Benin Office to Monitor and Combat Trafficking in Persons: https://www.state.gov/reports/2020-trafficking-in-persons-report/benin/
19 Concluding observations no. ССРR/C/C A F/C0/3; CCPR/C/UZB/C0/5; CCPR/C/PRT/C0/5; СС Р R/C/T U N/C0/6; CCPR/C/DMA/C0AR/1.
20 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000.
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Elena Sychenko, « The activities of UN Human rights bodies in 2020 », Revue de droit comparé du travail et de la sécurité sociale, 4 | 2021, 260-265.
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Elena Sychenko, « The activities of UN Human rights bodies in 2020 », Revue de droit comparé du travail et de la sécurité sociale [En ligne], 4 | 2021, mis en ligne le 31 décembre 2021, consulté le 21 juin 2025. URL : http://journals.openedition.org/rdctss/2788 ; DOI : https://doi.org/10.4000/rdctss.2788
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