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2101.More information
Nearly 100 years after its establishment, the International Labour Organisation (ILO)'s mandate of promoting social justice through decent work for all seems to remain today as relevant as ever. However, the ILO is currently facing unprecedented challenges, in particular with regard to a certain preference for the adoption of soft law instruments by the ILO's constituents over the past 20 years, a nearly unmanageable workload for its supervisory system in charge of monitoring the application of international labour standards as well as an institutional crisis that unfolded in 2012 but for which the substantive questions seem to be still largely unresolved. It is against this tense and complex background that the ILO is currently trying to reposition itself, in particular in the context of a global reflection on the future of work. This article attempts to shed light on the immediate challenges faced by the ILO, those illustrating the difficulties of the traditional ILO tripartite constituents to reach consensus on standards-related issues, as well as the mid- and long-term challenges, including those linked to the interpretation of labour standards and the fact that these standards are being used by an increasing variety of actors. The key question will be to reflect on whether the institution in its next centenary can remain a place of dialogue, where views can be exchanged and decisions taken and in which its stakeholders can continue to pursue their mission of decent work for all.
Keywords: Organisation internationale du travail (OIT), droit international du travail, système de contrôle de normes transnationales, International Labour Organisation (ILO), international labour law, supervisory system of transnational standards
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2102.
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2105.
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2107.
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2110.More information
In a nutshell, the evolution that the Law of the European Convention has undergone for the last fifty years is two-fold: indeed, the extension of its realm was served by a better implementation at the domestic level. Besides the actual diversity of the protected rights per se, the constantly dynamic and purposeful methods of interpretation used by the Court also served the extension of the Law of the Convention. The path leading to this extension in this regard is widely open, whether it be through the functional interpretation of limits on State sovereignty or through the "positive obligation" theory. However, these efforts should not prevent from adding to the normative content. A true European order also requires that domestic implementation of these provisions be improved, not only with the implementation of decisions but also in the absence of a conflict brought before the Court. In either of these, the prevailing idea is that of prevention. As for conservatory and provisional measures, the practice of the United Nations Human Rights Committee portrays a remarkable synergy. However, these improvements should not overshadow the need for European case law to be increasingly coherent and transparent. Digressions from this "fundamental public order of freedoms" have never been prohibited more than they are today. The Strasbourg Court is faced with a workload that, paradoxically, exposes the individual to the possibility of being denied access to justice, leading to an urgent need for reform, to compensate for the deficiencies brought about by the Protocol 11 reform. Indeed, the Court is the only example in the world of a single judicial body examining petitions filed by individuals. The European Conference of Ministers had not yet taken place upon the drafting of this study. A strong willingness to reaffirm the key role that the Convention has to play as the "constitutional instrument of the European public order" undoubtedly follows from the political Declaration and resolutions that were adopted, as well as from various interventions. Consequently, while welcoming the adoption of a Charter of the Fundamental Rights in the European Union, the Ministers wish to avoid any possible conflict between the two Systems of protection and thus reiterate the adoption of the Convention by the Community. The new Protocol 12 on non-discrimination was signed by 25 States as soon as November 4th.