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Communication Dans Un Congrès Année : 2022

The ratification of the ILO Convention n. 190: An opportunity to tackle psychosocial risks

Résumé

According to the International Labour Organisation (ILO) Convention No. 190, violence and harassment at work are a violation of human rights, affect the dignity and a threat to equal opportunities. They are unacceptable and incompatible with decent work. In this perspective, Convention No. 190 defines violence and harassment in the world of work, but also harassment based on gender. The text adopted is a synthesis, on the one hand to be universal, and on the other hand to reconcile different legal approaches to harassment at work. Thus, the Convention brings together approaches based on discrimination law, derived in particular from common law systems of influence, and those based on the employer’s safety obligation and the effects on health at work. Indeed, Recommendation No. 206, which clarifies the convention, but which is not binding, states that Member States “should address violence and harassment in the world of work in labour and employment, occupational safety and health, equality and non-discrimination law, and in criminal law, where appropriate.” It is also particularly innovative in that it takes into account commuting to and from work and domestic violence. The Convention is in line with the Preamble of the Declaration of Philadelphia concerning the aims and purposes of the ILO, which points the need to improve working conditions and make work more humane out: “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity.” One of the arguments in the preparatory work was that harassment deteriorates the quality of the victim's working environment. Suffering can contribute to isolation, deterioration of relations with colleagues and a lack of investment and motivation in the work. These repercussions can lead to the resignation or dismissal of the person and, in the long term, limit their career prospects. Harassment situations also have negative consequences for the company or administration where the victim works. It is therefore necessary to take into account the associated psychosocial risks in occupational health and safety management. In that respect, the aim of the presentation is to show how this ILO instrument can be an opportunity for the country which has ratified it to broaden the scope of harassment at work while revisiting the debates on the fundamental right to health protection at work and to make work more human with regard to psychosocial risks.

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Dates et versions

halshs-03697423 , version 1 (16-06-2022)

Identifiants

  • HAL Id : halshs-03697423 , version 1

Citer

Loïc Lerouge. The ratification of the ILO Convention n. 190: An opportunity to tackle psychosocial risks. Wellbeing at Work 2022: wellbeing in hetic times, Jun 2022, Varsovie (online), Poland. ⟨halshs-03697423⟩

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