REPORT OF THE WORKING GROUP ON THE ISSUE OF HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES ON ITS VISIT TO THE REPUBLIC OF KOREA : NOTE / BY THE SECRETARIAT
The Working Group heard about a surge in workplace-related fatalities, e.g. 3 in 2015
compared to 10 in 2016, according to the Government, or 14, according to the Hyundai
Heavy Industries Workplace Injury Network.21
26. (...) Health and safety in the workplace was said by government representatives49 to have
been a problem in relation to large companies and increasingly also to small and medium-
sized ones. (...) However, the Working Group heard
that oversight and enforcement of these requirements were an issue and more should be
done to facilitate the reporting of workplace incidents so that they could be properly
investigated and remediation and prevention measures put in place.
CONTRIBUTION OF THE INTERNATIONAL LABOUR ORGANIZATION : DURBAN REVIEW CONFERENCE, PREPARATORY COMMITTEE, 3RD SUBSTANTIVE SESSION : NOTE / BY THE SECRETARY-GENERAL
The CEACR has systematically pointed out that practical measures are needed,
including at the workplace, to ensure that legislative provisions and policies on equality are
widely known and understood. (...) It also examined trends in institutional and policy responses
since 2003, including the use of procurement policies, active labour market policies and
workplace policies. Major recommendations of the 2007 Global Report related to the need to
mainstream non-discrimination in the ILO’s Decent Work Country Programmes (DWCP)， the
need for better laws and better enforcement, supplemented by effective non-regulatory initiatives,
and the need to equip social partners better to enable them to make equality a reality at the
(...) A new ILO web site
offers knowledge, tools and practical guidance to prevent ethnic discrimination and facilitate
integration in the context of migration, focusing on action at the workplace. It is intended to be a
resource particularly for employers’ and workers’ organizations.
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT :WRITTEN SUBMISSION BY THE GREAT BRITAIN: EQUALITY AND HUMAN RIGHTS COMMISSION : NOTE / BY THE SECRETARIAT
Research has revealed worrying levels of workplace pregnancy and maternity
discrimination in Great Britain. (...) And one
in nine reported that they were either dismissed; made compulsorily redundant, where
others in their workplace were not; or treated so poorly they felt they had to leave their job.
(...) We call on the UK Government to mitigate any indirectly discriminatory effect these
changes have had on women’s access to justice, and to recognise the multiple barriers that
pregnant women and new mothers face in seeking legal redress following workplace
We therefore recommend that the UK Government considers increasing the time limit from
three to six months for bringing an Employment Tribunal claim involving pregnancy and
VISIT TO MONGOLIA :REPORT OF THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES, REEM ALSALEM
The law on gender equality of 2011 provides a broad framework prohibiting gender-
based discrimination, establishing special measures to promote equality and prohibiting non-
discrimination in a broad range of spheres, such as political life, the workplace, education,
culture, health care and family life. (...) A/HRC/50/26/Add.1
particular, she welcomes the explicit recognition that such harassment may also take place
outside the workplace, including online, and the provisions ensuring equal pay for men and
women. (...) Additionally, the Government has
concentrated almost the entirety of its efforts and resources on addressing domestic violence,
which has led to important challenges regarding other manifestations of gender-based
violence, such as workplace harassment, online violence against women and violence against
women in politics.
REPORT OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL ON THE ISSUE OF HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES : ADDENDUM
Most companies make firm commitments to nondiscrimination in the workplace.
Statements are made in absolute terms, using language like, “does not discriminate, ”
“employees are not subjected to discrimination”， and “will not [permit] or [tolerate].” (...) The
committees monitor workplace conditions and routinely receive itemized reports on risks,
including psychological and social risks.
(...) In addition, policies that prohibit physical and/or mental harassment in the workplace
were coded as support for both the right to life, liberty, and security of the person as well as the
freedom from torture and cruel, inhuman, or degrading treatment.
VISIT TO ITALY - REPORT OF THE WORKING GROUP ON THE ISSUE OF HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES
The Working Group was informed that COVID-19-related deaths
are treated as accidents in the workplace, thus qualifying the families of victims to
compensation, although it appears that migrant workers are often either unaware of this
policy or have not received any compensation. (...) It provides a full range of
services from legal advice, transportation to the workplace and basic health services, to avoid
any intermediation from the caporali. (...) While the number of detected
irregularities may be seen as an indicator of the effectiveness of such inspections, the
Working Group learned that the national Labour Inspectorate for safety in the workplace
faces serious issues of resources and capacity.
REPORT OF THE SPECIAL RAPPORTEUR ON THE IMPLICATIONS FOR HUMAN RIGHTS OF THE ENVIRONMENTALLY SOUND MANAGEMENT AND DISPOSAL OF HAZARDOUS SUBSTANCES AND WASTES ON HIS MISSION TO THE REPUBLIC OF KOREA : NOTE / BY THE SECRETARIAT
Workers also have the right to an effective remedy for violations of their right to a
healthy workplace. The Korean Workers’ Compensation Insurance provides compensation
for workers who are injured in the course of employment, as required under the Labour
International Covenant on Civil and Political Rights, art. 2 (3).
Committee on Economic, Social and Cultural Rights general comment No. 14 (2000) on the right to
the highest attainable standard of health, para. 11.
Ibid., para. 36.
(...) Former workers explained that they would still smell fumes from the workplace
long after returning home. Neither the former workers nor the family members of the
deceased could name the substances they had used in the workplace. (...) In addition to the lack of transparency about hazardous substances used or released
in the workplace, critical information about alleged victims was not disclosed by the
Government, businesses or civil society to the Special Rapporteur.
VISIT TO SRI LANKA :REPORT OF THE SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS OF SLAVERY, INCLUDING ITS CAUSES AND CONSEQUENCES, TOMOYA OBOKATA
For instance, the Workmen’s
Compensation Ordinance, of 1935, is being amended to increase compensation for workplace
accidents from SL Rs 550,000 to SL Rs 2 million. (...) Health issues resulting from long working hours and exploitative working conditions,
such as muscle pains and workplace injuries, were confirmed by a large number of
interlocutors, including workers themselves. (...) Many women who worked as domestic workers in various
destination countries reported instances of abuse and exploitation in the workplace, ranging
from the withholding of identity documents and wages, to long working hours and physical,
verbal and/or sexual abuse.
UNIVERSAL PERIODIC REVIEW : INFORMATION PRESENTED BY THE AUSTRALIAN HUMAN RIGHTS COMMISSION : NOTE / BY THE SECRETARIAT
the area of pay and employment, ACHRA welcomes the measures taken under the new
Workplace Gender Equality Act 2012 (Cth) (previously the Equal Opportunity for Women
in the Workplace Act 1999 (Cth))30 in particular the development of reporting matters for
the gender equality indicators identified in the Act. (...) At http://www.humanrightscommission.vic.gov.au/index.php/our-
projects-a-initiatives/koori-women-and-prisons (viewed 4 November 2013).
30 This new legislation applies to both men and women and covers all employees and employers in the
workplace. The principal objects of the Act have been amended to promote and improve gender
equality in the workplace, with specific recognition of equal remuneration and family and caring
responsibilities as issues that are central to improving women’s participation in the workforce.
https://www.humanrights.gov.au/women-male-dominated-industries-toolkit-strategies (viewed 13
32 Workplace Gender Equality Agency, ‘The cost of being female: 64 extra days at work’ (Media
Release, 2 September 2013).
VISIT TO GREECE : REPORT OF THE WORKING GROUP ON DISCRIMINATION AGAINST WOMEN AND GIRLS
Sexual harassment in the workplace
35. Sexual harassment in the workplace is prohibited by law, but there is no national-
level data collected about its prevalence. In its concluding observations on the seventh
periodic report of Greece, the Committee on the Elimination of Discrimination against
Women expressed concern with regard to the absence of statistical data disaggregated by
sex on complaints related to gender-based discrimination and sexual harassment at the
workplace.30 The Working Group echoes that concern.
36. According to the Office of the Ombudsman, the number of cases of sexual
harassment that occur in the workplace is much higher than the number of complaints
submitted to the Office.