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目标 具体目标 文书 条款 / 描述

促进持久、包容和可持续经济增长,促进充分的生产性就业和人人获得体面工作

8.5

到2030年,所有男女,包括青年和残疾人实现充分和生产性就业,有体面工作,并做到同工同酬。

Indicators
8.5.1
男女雇员平均每小时收入,按职业、年龄和残疾人分列
8.5.2
失业率,按性别、年龄组和残疾人分列
UDHR
世界人权宣言
23.1
人人有权工作、自由选择职业、享受公正和合适的工作条件并享受免于失业的保障。
23.2
人人有同工同酬的权利,不受任何歧视。
23.3
每一个工作的人,有权享受公正和合适的报酬,保证使他本人和家属有一个符合人的尊严的生活条件,必要时并辅以其他方式的社会保障。
ICESCR
经济、社会和文化权利国际公约
2.2
本公约缔约各国承担保证,本公约所宣布的权利应予普遍行使,而不得有例如种族、肤色、性别、语言、宗教、政治或其他见解、国籍或社会出身、财产、出生或其他身分等任何区分。
3
本公约缔约各国承担保证男子和妇女在本公约所载一切经济、社会及文化权利方面有平等的权利。
6.1
本公约缔约各国承认工作权,包括人人应有机会凭其自由选择和接受的工作来谋生的权利,并将采取适当步骤来保障这一权利。
6.2
本公约缔约各国为充分实现这一权利而采取的步骤应包括技术的和职业的指导和训练,以及在保障个人基本政治和经济自由的条件下达到稳定的经济、社会和文化的发展和充分的生产就业的计划、政策和技术。
7 本公约缔约各国承认人人有权享受公正或良好的工作条件,特别要保证:
7.a 最低限度给予所有工人以下列报酬:
7.a.i
公平的工资和同值工作同酬而没有任何歧视,特别是保证妇女享受不差于男子所享受的工作条件,并享受同工同酬;
7 本公约缔约各国承认人人有权享受公正或良好的工作条件,特别要保证:
7.a 最低限度给予所有工人以下列报酬:
7.a.ii
保证他们自己和他们的家庭得有符合本公约规定的过得去的生活;
7.c
人人在其行业中适当的提级的同等机会,除资历和能力的考虑外,不受其他考虑的限制;
ICERD
消除一切形式种族歧视国际公约
5 缔约国依本公约第二条所规定的基本义务承诺禁止并消除一切形式种族歧视,保证人人有不分种族、肤色或民族或人种在法律上一律平等的权利,尤得享受下列权利:
5.e 经济、社会及文化权利,其尤著者为:
5.e.i
工作、自由选择职业、享受公平优裕的工作条件、免于失业的保障、同工同酬、获得公平优裕报酬的权利。
CEDAW
消除对妇女一切形式歧视公约
11.1 缔约各国应采取一切适当措施,消除在就业方面对妇女的歧视,以保证她们在男女平等的基础上享有相同权利,特别是:
11.1.a
人人有不可剥夺的工作权利。
11.1 缔约各国应采取一切适当措施,消除在就业方面对妇女的歧视,以保证她们在男女平等的基础上享有相同权利,特别是:
11.1.b
享有相同就业机会的权利,包括在就业方面相同的甄选标准。
11.1 缔约各国应采取一切适当措施,消除在就业方面对妇女的歧视,以保证她们在男女平等的基础上享有相同权利,特别是:
11.1.c
享有自由选择专业和职业,升级和工作保障,一切工作福利和服务条件,接受职业训练和再训练,包括实习训练、高等职业训练和经常训练的权利。
11.1 缔约各国应采取一切适当措施,消除在就业方面对妇女的歧视,以保证她们在男女平等的基础上享有相同权利,特别是:
11.1.d
同样价值的工作享有同等报酬(包括福利)、平等待遇的权利,在评定工作的表现方面,享有平等待遇的权利。
14,1
缔约各国应考虑到农村妇女面对的特殊问题和她们对家庭生计包括她们在经济体系中无金钱交易的部门的工作方面所发挥的重要作用,并应采取一切适当措施,保证对农村地区妇女适用本公约的各项规定。
14.2 缔约各国应采取一切适当措施以消除对农村地区妇女的歧视,保证她们在男女平等的基础上参与农村发展并受其惠益,尤其是保证她们有权:
14.2.e
组织自助团体和合作社,以通过受雇和自雇的途径取得平等的经济机会。
CRPD
残疾人权利公约
24.3 缔约国应当使残疾人能够学习生活和社交技能,便利他们充分和平等地参与教育和融入社区。为此目的,缔约国应当采取适当措施,包括:
24.3.a
为学习盲文,替代文字,辅助和替代性交流方式、手段和模式,定向和行动技能提供便利,并为残疾人之间的相互支持和指导提供便利。
24.3 缔约国应当使残疾人能够学习生活和社交技能,便利他们充分和平等地参与教育和融入社区。为此目的,缔约国应当采取适当措施,包括:
24.3.b
为学习手语和宣传聋人的语言特性提供便利。
24.3 缔约国应当使残疾人能够学习生活和社交技能,便利他们充分和平等地参与教育和融入社区。为此目的,缔约国应当采取适当措施,包括:
24.3.c
确保以最适合个人情况的语文及交流方式和手段,在最有利于发展学习和社交能力的环境中,向盲、聋或聋盲人,特别是盲、聋或聋盲儿童提供教育。
24.5
缔约国应当确保,残疾人能够在不受歧视和与其他人平等的基础上,获得普通高等教育、职业培训、成人教育和终生学习。为此目的,缔约国应当确保向残疾人提供合理便利。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.b
保护残疾人在与其他人平等的基础上享有公平和良好的工作条件,包括机会均等和同值工作同等报酬的权利,享有安全和健康的工作环境,包括不受搔扰的权利,并享有申诉的权利。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.d
使残疾人能够切实参加一般技术和职业指导方案,获得职业介绍服务、职业培训和进修培训。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.e
在劳动力市场上促进残疾人的就业机会和职业提升机会,协助残疾人寻找、获得、保持和恢复工作。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.f
促进自营就业、创业经营、创建合作社和个体开业的机会。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.g
在公共部门雇用残疾人。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.h
以适当的政策和措施,其中可以包括平权行动方案、奖励和其他措施,促进私营部门雇用残疾人。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.i
确保在工作场所为残疾人提供合理便利。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.j
促进残疾人在开放劳动力市场上获得工作经验。
27.1 缔约国确认残疾人在与其他人平等的基础上享有工作权,包括有机会在开放、具有包容性和对残疾人不构成障碍的劳动力市场和工作环境中,为谋生自由选择或接受工作的权利。为保障和促进工作权的实现,包括在就业期间致残者的工作权的实现,缔约国应当采取适当步骤,包括通过立法,除其他外:
27.1.k
促进残疾人的职业和专业康复服务、保留工作和恢复工作方案。
ICRMW
保护所有移徙工人及其家庭成员权利国际公约
25.1
移徙工人在工作报酬和以下其他方面,应享有不低于适用于就业国国民的待遇:
UNDRIP
联合国土著人民权利宣言
17.3
土著人享有在劳动条件以及特别是就业和薪水方面不受歧视的权利。
ILO 94
公共契约劳动条款公约,1949(第94号)
ILO 94
本项基本国际劳工组织公约旨在保障在公共契约的执行中尊重最低劳工标准。
ILO 95
工资保护公约,1949(第95号)
ILO 95
本项国际劳工组织公约规定工资应定期发放,一律发给法定货币。若特殊情况下只能支付部分工资,津贴发放应公平合理。
ILO 100
同酬公约,1951(第100号)
ILO 100
本项基本国际劳工组织公约要求会员国,保证“对男女工人同等价值的工作付予同等报酬”的原则适用于全体工人。
ILO 111
(就业和职业)歧视公约,1958(第111号)
Description 1
就本项基本公约而言,“歧视”一词包括:基于种族、肤色、性别、宗教、政治见解、民族血统或社会出身等原因,具有取消或损害就业或职业机会均等或待遇平等作用的任何区别对待、排斥或被他人优先。
ILO 122
就业政策公约,1964,(第122号)
ILO 122
本项治理公约旨在促进经济增长和发展,提高生活水平,满足对人力的需求,并解决失业和不充分就业的问题。
ILO 131
确定最低工资公约,1970,(第131号)
ILO 131
本项基本国际劳工组织公约要求会员国建立一种有法律效力的最低工资设定机制,能够限定、定期审查和调整最低工资率。
ILO 142
人力资源发展公约,1975(第142号)
ILO 142
本国际劳工组织公约要求各会员国采用并发展全面协调的的政策和规划,来进行与就业紧密相关的职业指导和培训,特别是通过公共就业服务。
ILO 159
(残疾人)职业康复和就业公约,1983(第159号)
ILO 159
本公约要求会员国制定、实施和定期审查关于残疾人职业康复和就业的国家政策。
ILO 181
私人就业机构公约,1997(第181号)
ILO 181
这一国际劳工组织的公约涉及私营机构的运作,以及对使用其服务的工人的保护。
European Social Charter
European Social Charter (Revised)
Part II
The Parties undertake, as provided for in Part III, to consider themselves bound by the obligations laid down in the following articles and paragraphs.
Part I.1
Everyone shall have the opportunity to earn his living in an occupation freely entered upon.
Part II.1.1
to accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment;
Part II.1.2
обеспечить эффективную защиту права трудящихся зарабатывать себе на жизнь трудом по свободно избранной специальности
Part II.1.3
создать или поддерживать для всех трудящихся бесплатные службы по трудоустройству
Part II.1.4
to provide or promote appropriate vocational guidance, training and rehabilitation.
Part I.2
All workers have the right to just conditions of work.
Part II.2
With a view to ensuring the effective exercise of the right to just conditions of work, the Parties undertake:
Part#II.2.1
to provide for reasonable daily and weekly working hours, the working week to be progressively reduced to the extent that the increase of productivity and other relevant factors permit;
Part#II.2.2
установить оплачиваемые праздничные дни
Part#II.2.3
обеспечить предоставление как минимум четырехнедельного ежегодного оплачиваемого отпуска
Part#II.2.4
to eliminate risks in inherently dangerous or unhealthy occupations, and where it has not yet been possible to eliminate or reduce sufficiently these risks, to provide for either a reduction of working hours or additional paid holidays for workers engaged in such occupations;
Part#II.2.5
обеспечить еженедельный период отдыха, который, по мере возможности, должен совпадать с днем недели, признаваемым по традиции или обычаю соответствующей страны или региона днем отдыха;
Part#II.2.6
to ensure that workers are informed in written form, as soon as possible, and in any event not later than two months after the date of commencing their employment, of the essential aspects of the contract or employment relationship;
Part#II.2.7
to ensure that workers performing night work benefit from measures which take account of the special nature of the work.
Part#I.3
All workers have the right to safe and healthy working conditions.
Part#II.3
With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Parties undertake, in consultation with employers' and workers' organisations:
Part#II.3.1
to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The primary aim of this policy shall be to improve occupational safety and health and to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, particularly by minimising the causes of hazards inherent in the working environment;
Part#II.3.2
to issue safety and health regulations;
Part#II.3.3
to provide for the enforcement of such regulations by measures of supervision;
Part#II.4
With a view to ensuring the effective exercise of the right to a fair remuneration, the Parties undertake:
Part#II.4.1
to recognise the right of workers to a remuneration such as will give them and their families a decent standard of living;
Part#II.4.2
to recognise the right of workers to an increased rate of remuneration for overtime work, subject to exceptions in particular cases;
Part#II.4.3
признать право трудящихся мужчин и женщин на равную оплату за труд равной ценности
Part#II.4.4
to recognise the right of all workers to a reasonable period of notice for termination of employment;
Part#II.4.5
to permit deductions from wages only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards.
Part#I.7
Children and young persons have the right to a special protection against the physical and moral hazards to which they are exposed.
Part#II.7
With a view to ensuring the effective exercise of the right of children and young persons to protection, the Parties undertake:
Part#II.7.1
to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children employed in prescribed light work without harm to their health, morals or education;
Part#II.7.2
to provide that the minimum age of admission to employment shall be 18 years with respect to prescribed occupations regarded as dangerous or unhealthy;
Part#II.7.3
установить, что лица, на которых еще распространяется положение об обязательном обучении, не должны быть заняты на таких работах, которые лишают их возможности получать это обучение в полном объеме;
Part#II.7.4
to provide that the working hours of persons under 18 years of age shall be limited in accordance with the needs of their development, and particularly with their need for vocational training;
Part#II.7.5
to recognise the right of young workers and apprentices to a fair wage or other appropriate allowances;
Part#II.7.6
установить, чтобы время, затраченное подростками на профессиональную подготовку во время обычного рабочего дня, с согласия работодателя рассматривалось как часть рабочего дня;
Part#II.7.7
to provide that employed persons of under 18 years of age shall be entitled to a minimum of four weeks' annual holiday with pay;
Part#II.7.8
to provide that persons under 18 years of age shall not be employed in night work with the exception of certain occupations provided for by national laws or regulations;
Part#II.7.9
установить, что лица в возрасте до 18 лет, занятые на некоторых видах работ, предусмотренных национальными законами или нормативными актами, должны проходить регулярный медицинский осмотр;
Part#II.7.10
to ensure special protection against physical and moral dangers to which children and young persons are exposed, and particularly against those resulting directly or indirectly from their work.
Part#II.8
With a view to ensuring the effective exercise of the right of employed women to the protection of maternity, the Parties undertake:
Part#I.8
Employed women, in case of maternity, have the right to a special protection.
Part#II.8.1
to provide either by paid leave, by adequate social security benefits or by benefits from public funds for employed women to take leave before and after childbirth up to a total of at least fourteen weeks;
Part#II.8.2
to consider it as unlawful for an employer to give a woman notice of dismissal during the period from the time she notifies her employer that she is pregnant until the end of her maternity leave, or to give her notice of dismissal at such a time that the notice would expire during such a period;
Part#II.8.3
to provide that mothers who are nursing their infants shall be entitled to sufficient time off for this purpose;
Part#II.8.4
to regulate the employment in night work of pregnant women, women who have recently given birth and women nursing their infants;
Part#II.8.5
to prohibit the employment of pregnant women, women who have recently given birth or who are nursing their infants in underground mining and all other work which is unsuitable by reason of its dangerous, unhealthy or arduous nature and to take appropriate measures to protect the employment rights of these women.
Part#II.9
With a view to ensuring the effective exercise of the right to vocational guidance, the Parties undertake to provide or promote, as necessary, a service which will assist all persons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual's characteristics and their relation to occupational opportunity: this assistance should be available free of charge, both to young persons, including schoolchildren, and to adults.
Part#II.10
With a view to ensuring the effective exercise of the right to vocational training, the Parties undertake:
Part#II.10.1
to provide or promote, as necessary, the technical and vocational training of all persons, including the handicapped, in consultation with employers' and workers' organisations, and to grant facilities for access to higher technical and university education, based solely on individual aptitude;
Part#II.10.2
to provide or promote a system of apprenticeship and other systematic arrangements for training young boys and girls in their various employments;
Part#II.10.3
to provide or promote, as necessary:
Part#II.10.3.a
adequate and readily available training facilities for adult workers;
Part#II.10.3.b
special facilities for the retraining of adult workers needed as a result of technological development or new trends in employment;
Part#II.10.4
to provide or promote, as necessary, special measures for the retraining and reintegration of the long-term unemployed;
Part#II.10.5
to encourage the full utilisation of the facilities provided by appropriate measures such as:
Part#II.10.5.a
reducing or abolishing any fees or charges;
Part#II.10.5.b
предоставление в соответствующих случаях финансовой помощи
Part#II.10.5.c
including in the normal working hours time spent on supplementary training taken by the worker, at the request of his employer, during employment;
Part#II.10.5.d
ensuring, through adequate supervision, in consultation with the employers' and workers' organisations, the efficiency of apprenticeship and other training arrangements for young workers, and the adequate protection of young workers generally.
Part#II.15
With a view to ensuring to persons with disabilities, irrespective of age and the nature and origin of their disabilities, the effective exercise of the right to independence, social integration and participation in the life of the community, the Parties undertake, in particular:
Part#I.15
Disabled persons have the right to independence, social integration and participation in the life of the community.
Part#II.15.2
to promote their access to employment through all measures tending to encourage employers to hire and keep in employment persons with disabilities in the ordinary working environment and to adjust the working conditions to the needs of the disabled or, where this is not possible by reason of the disability, by arranging for or creating sheltered employment according to the level of disability. In certain cases, such measures may require recourse to specialised placement and support services;
Part#II.19
With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Party, the Parties undertake:
Part#II.19.1
to maintain or to satisfy themselves that there are maintained adequate and free services to assist such workers, particularly in obtaining accurate information, and to take all appropriate steps, so far as national laws and regulations permit, against misleading propaganda relating to emigration and immigration;
Part#II.19.2
to adopt appropriate measures within their own jurisdiction to facilitate the departure, journey and reception of such workers and their families, and to provide, within their own jurisdiction, appropriate services for health, medical attention and good hygienic conditions during the journey;
Part#II.19.3
to promote co-operation, as appropriate, between social services, public and private, in emigration and immigration countries;
Part#II.19.4
to secure for such workers lawfully within their territories, insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities, treatment not less favourable than that of their own nationals in respect of the following matters:
Part#II.19.4.a
remuneration and other employment and working conditions;
Part#II.19.4.b
membership of trade unions and enjoyment of the benefits of collective bargaining;
Part#II.19.5
to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals with regard to employment taxes, dues or contributions payable in respect of employed persons;
Part#II.19.6
содействовать в максимально возможной степени воссоединению семей трудящихся - мигрантов, которым разрешено поселиться на их территории;
Part#II.19.7
обеспечить законно находящимся на их территории трудящимся - мигрантам режим, не менее благоприятный, чем тот, который предоставляется их собственным гражданам, в отношении доступа к судебным инстанциям по вопросам, упомянутым в настоящей статье;
Part#II.19.8
to secure that such workers lawfully residing within their territories are not expelled unless they endanger national security or offend against public interest or morality;
Part#II.19.9
to permit, within legal limits, the transfer of such parts of the earnings and savings of such workers as they may desire;
Part#II.19.10
to extend the protection and assistance provided for in this article to self-employed migrants insofar as such measures apply;
Part#I.20
All workers have the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex.
Part#II.20.a
access to employment, protection against dismissal and occupational reintegration;
Part#II.20.b
vocational guidance, training, retraining and rehabilitation;
Part#II.20.c
terms of employment and working conditions, including remuneration;
Part#II.20.d
career development, including promotion.
Part#II.20
With a view to ensuring the effective exercise of the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex, the Parties undertake to recognise that right and to take appropriate measures to ensure or promote its application in the following fields:
Part#I.22
Workers have the right to take part in the determination and improvement of the working conditions and working environment in the undertaking.
Part#I.24
All workers have the right to protection in cases of termination of employment.
Part#I.26
All workers have the right to dignity at work.
Part#I.27
All persons with family responsibilities and who are engaged or wish to engage in employment have a right to do so without being subject to discrimination and as far as possible without conflict between their employment and family responsibilities.
Part#II.27
With a view to ensuring the exercise of the right to equality of opportunity and treatment for men and women workers with family responsibilities and between such workers and other workers, the Parties undertake:
Part#II.27.1
to take appropriate measures:
Part#II.27.1.a
to enable workers with family responsibilities to enter and remain in employment, as well as to reenter employment after an absence due to those responsibilities, including measures in the field of vocational guidance and training;
Part#I.28
Workers' representatives in undertakings have the right to protection against acts prejudicial to them and should be afforded appropriate facilities to carry out their functions.
Part#II.28
With a view to ensuring the effective exercise of the right of workers' representatives to carry out their functions, the Parties undertake to ensure that in the undertaking:
Part#II.28.a
they enjoy effective protection against acts prejudicial to them, including dismissal, based on their status or activities as workers' representatives within the undertaking;
Part#II.28.b
they are afforded such facilities as may be appropriate in order to enable them to carry out their functions promptly and efficiently, account being taken of the industrial relations system of the country and the needs, size and capabilities of the undertaking concerned.
Part#II.29
With a view to ensuring the effective exercise of the right of workers to be informed and consulted in situations of collective redundancies, the Parties undertake to ensure that employers shall inform and consult workers' representatives, in good time prior to such collective redundancies, on ways and means of avoiding collective redundancies or limiting their occurrence and mitigating their consequences, for example by recourse to accompanying social measures aimed, in particular, at aid for the redeployment or retraining of the workers concerned.
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities
4.1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
4.2
The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.
4.3
The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.
ADRDM
American Declaration on the Rights and Duties of Man
II
All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
XIV
Every person has the right to work, under proper conditions, and to follow his vocation freely, insofar as existing conditions of employment permit. Every person who works has the right to receive such remuneration as will, in proportion to his capacity and skill, assure him a standard of living suitable for himself and for his family.
XXI
Every person has the right to assemble peaceably with others in a formal public meeting or an informal gathering, in connection with matters of common interest of any nature.
XXII
Every person has the right to associate with others to promote, exercise and protect his legitimate interests of a political, economic, religious, social, cultural, professional, labor union or other nature.
ACHR
American Convention on Human Rights
1.1
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
16.1
Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes.
16.2
The exercise of this right shall be subject only to such restrictions established by law as may be necessary in a democratic society, in the interest of national security, public safety or public order, or to protect public health or morals or the rights and freedoms of others.
26
The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador)
3
The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.
6.1
Everyone has the right to work, which includes the opportunity to secure the means for living a dignified and decent existence by performing a freely elected or accepted lawful activity.
6.2
The State Parties undertake to adopt measures that will make the right to work fully effective, especially with regard to the achievement of full employment, vocational guidance, and the development of technical and vocational training projects, in particular those directed to the disabled. The States Parties also undertake to implement and strengthen programs that help to ensure suitable family care, so that women may enjoy a real opportunity to exercise the right to work.
7
The States Parties to this Protocol recognize that the right to work to which the foregoing article refers presupposes that everyone shall enjoy that right under just, equitable, and satisfactory conditions, which the States Parties undertake to guarantee in their internal legislation, particularly with respect to:
7.b
The right of every worker to follow his vocation and to devote himself to the activity that best fulfills his expectations and to change employment in accordance with the pertinent national regulations;
7.c
The right of every worker to promotion or upward mobility in his employment, for which purpose account shall be taken of his qualifications, competence, integrity and seniority;
7.d
Stability of employment, subject to the nature of each industry and occupation and the causes for just separation. In cases of unjustified dismissal, the worker shall have the right to indemnity or to reinstatement on the job or any other benefits provided by domestic legislation;
7.e
Safety and hygiene at work;
7.f
The prohibition of night work or unhealthy or dangerous working conditions and, in general, of all work which jeopardizes health, safety, or morals, for persons under 18 years of age. As regards minors under the age of 16, the work day shall be subordinated to the provisions regarding compulsory education and in no case shall work constitute an impediment to school attendance or a limitation on benefiting from education received;
7.g
A reasonable limitation of working hours, both daily and weekly. The days shall be shorter in the case of dangerous or unhealthy work or of night work;
7.h
Rest, leisure and paid vacations as well as remuneration for national holidays.
8.2
The exercise of the rights set forth above may be subject only to restrictions established by law, provided that such restrictions are characteristic of a democratic society and necessary for safeguarding public order or for protecting public health or morals or the rights and freedoms of others. Members of the armed forces and the police and of other essential public services shall be subject to limitations and restrictions established by law.
8.3
No one may be compelled to belong to a trade union
Inter-American Convention on discrimination against persons with disabilities
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities
III
To achieve the objectives of this Convention, the states parties undertake:
IV
To achieve the objectives of this Convention, the states parties undertake to:
III.1
To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities and to promote their full integration into society, including, but not limited to:
III.1.a
Measures to eliminate discrimination gradually and to promote integration by government authorities and/or private entities in providing or making available goods, services, facilities, programs, and activities such as employment, transportation, communications, housing, recreation, education, sports, law enforcement and administration of justice, and political and administrative activities;
IV.2
Collaborate effectively in:
IV.2.b
The development of means and resources designed to facilitate or promote the independence, self-sufficiency, and total integration into society of persons with disabilities, under conditions of equality.
ACHPR
African Charter on Human and Peoples' Rights
2
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.
15
Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
18.3
The State shall ensure the elimination of every discrimination against women and also censure the protection of the rights of the woman and the child as stipulated in international declarations and conventions.
18.4
The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.
ACRWC
African Charter on the Rights and Welfare of the Child
3
Every child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status.
13.1
Every child who is mentally or physically disabled shall have the right to special measures of protection in keeping with his physical and moral needs and under conditions which ensure his dignity, promote his self-reliance and active participation in the community.
13.2
State Parties to the present Charter shall ensure, subject to available resources, to a disabled child and to those responsible for his care, assistance for which application is made and which is appropriate to the child’s condition and in particular shall ensure that the disabled child has effective access to training, preparation for employment and recreation opportunities in a manner conducive to the child achieving the fullest possible social integration, individual development and his/her cultural and moral development.
13.3
The State Parties to the present Charter shall use their available resources with a view to achieving progressively the full convenience of the mentally and physically disabled person to movement and access to public highway buildings and other places to which the disabled may legitimately want to have access to.
15.1
Every child shall be protected from all forms of economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual, moral, or social development.
15.2
State Parties to the present Charter take all appropriate legislative and administrative measures to ensure the full implementation of this Article which covers both the formal and informal sectors of employment and having regard to the relevant provisions of the International Labour Organization’s instruments relating to children. State Parties shall in particular:
15.2.a
provide through legislation, minimum wages for admission to every employment;
15.2.b
provide for appropriate regulation of hours and conditions of employment;
15.2.c
provide for appropriate penalties or other sanctions to ensure the effective enforcement of this Article;
15.2.d
promote the dissemination of information on the hazards of child labour to all sectors of the community.
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
2.1.a
include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application;
2.1.c
integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life;
2.1.d
take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;
2.1.e
support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.
13
States Parties shall adopt and enforce legislative and other measures to guarantee women equal opportunities in work and career advancement and other economic opportunities. In this respect, they shall:
13.a
promote equality of access to employment;
13.b
promote the right to equal remuneration for jobs of equal value for women and men;
13.c
ensure transparency in recruitment, promotion and dismissal of women and combat and punish sexual harassment in the workplace;
13.d
guarantee women the freedom to choose their occupation, and protect them from exploitation by their employers violating and exploiting their fundamental rights as recognised and guaranteed by conventions, laws and regulations in force;
13.e
create conditions to promote and support the occupations and economic activities of women, in particular, within the informal sector;
13.f
establish a system of protection and social insurance for women working in the informal sector and sensitise them to adhere to it;
13.g
introduce a minimum age for work and prohibit the employment of children below that age, and prohibit, combat and punish all forms of exploitation of children, especially the girl-child;
13.h
take the necessary measures to recognise the economic value of the work of women in the home;
13.i
guarantee adequate and paid pre- and post-natal maternity leave in both the private and public sectors
13.j
ensure the equal application of taxation laws to women and men;
13.k
recognise and enforce the right of salaried women to the same allowances and entitlements as those granted to salaried men for their spouses and children
13.l
recognise that both parents bear the primary responsibility for the upbringing and development of children and that this is a social function for which the State and the private sector have secondary responsibility;
13.m
take effective legislative and administrative measures to prevent the exploitation and abuse of women in advertising and pornography.