جستجوی مقالات مرتبط با کلیدواژه « Fundamental Rights of Work » در نشریات گروه « فقه و حقوق »

According to human rights obligations of states and with respect to one of the missions of International Labour Organization that was mentioned in the introduction of Convention No.122 concerning Employment Policies, this Organization is required to review Employment Policies of member states regarding items such as prohibition of discrimination, free choice of employment and equal opportunities in employment. Article 1 (3) of Convention No. 122 refers to the adoption of employment policy with regard to the specific circumstances of each country, so the question is, what is the Iranʼs government duty as the object of supervision of this organization in relation to the convention and where is the position of Fundamental Rights at Work in employment policies of our country? Attention to this matter is essential because Iran joining the Convention No. 122 and some conventions relating to the Fundamental Rights at Work and interpolation of this Rights in the Declaration on Fundamental Principles and Rights at Work and Statute of the International Labour Organization, Iran is obliged to uphold the mentioned Rights in its Employment Policies. Thus in this essay, we review the position of these Rights in Iran´s Employment Policies with analytical method.

Decent work is key element to achieving fair conditions of work and poverty reduction. It sums up the aspiration of people in their working lives. Experience shows that economic growth on its own is not sufficient. We must do more to empower individuals through decent work, support people through social protection. The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equality, security and human dignity. Decent work and it’s four pillars-employment creation, social production, right at work and social dialogue become integral element for achieving sustainable development.

The discourses related to labour law like any other approach of human rights requires design a theory about rights that emphasizes on legal and moral necessity and justifying the existence and value of fundamental principles and rules of work, specially in some important and effective scope in life and basis of labour law such as elimination of discrimination in respect of employment and occupation, equal remuneration, abolition of forced labour, right to collective bargaining negotiations and freedom of association. The fact that the criteria of labour law to what extent is a part of human rights, is a discrepant and challenging issue, but certainly, content and context of fundamental conventions of work clearly represents principle and criteria of human rights and because of this, all members even if they have not ratified the convention in question have an obligation to respect and perform it.

ILO since 1948 took measures in promoting and protecting freedom of association and obligations of governments to respect the rights and freedom of unions. But some of these measures have been consistently opposed by the governments. The purpose of this paper is to criticize approach and basis of ILO in obligating governments to respect freedom of association. ILO is based on the doctrine of implied powers and interpreted constitution accordance with the goals and objectives and established committee freedom of association. This ILO's action is contrast to the 1969 Vienna Convention. Originality will doctrine should be placed on the interpretation of constitution and the Constitution should be restricted interpretation.The basic Nature of freedom of association is human rights and if we analyze it in this regard, public order will restrict its application scope in practice.