Fundamental principles and rights at work.

 

This section will first provide background on International Labour Standards, including those giving expression to the fundamental principles and rights at work, which are indispensable to social justice. It will then turn to the ratification of the most fundamental Conventions and the reflection of these fundamental principles in national constitutions as well as examine the substantive realization of these rights in order to provide relevant metrics on how the world is doing on a particular aspect of social justice. One of the most tangible measures of progress in realizing fundamental principles and rights at work is the ratification and implementation of the fundamental Conventions. While ratification alone may not guarantee full realization of the right in question in a particular country, the metric is important: it demonstrates a clear commitment to the right in question. Effective legal systems are essential for safeguarding fundamental principles and rights at work. Constitutional guarantees play a key role by providing a legal foundation for these rights, guiding national legislation and ensuring enforcement through institutional mechanisms – particularly via rulings from constitutional and supreme courts (ILO 2012). In many countries, constitutional provisions relating to fundamental principles and rights at work are varied. Some apply to “everyone”, while others only cover citizens. Some affirm individual rights or a duty of the state to take action, while others only define the guiding principles of state action, and are therefore less likely to result in meaningful and enforceable protection (ILO 2012, para. 7). The Committee of Experts on the Application of Conventions and Recommendations (CEACR) has stated that meaningful protection of fundamental principles and rights at work is best ensured when protection procedures and mechanisms are established (ILO 2012, para. 18). Many national constitutions make these rights enforceable through national courts. Constitutional or supreme courts are empowered to review legislation for conformity with the constitution, requiring those laws not in conformity with the national constitution to be set aside (ILO 2012, para. 18). Additionally, individuals can often appeal directly to these courts for protection and redress. Labour inspectorates can also play a role in identifying legal violations on fundamental principles and rights at work that may be pursued further in courts, if needed. This section outlines the legal instruments countries use to uphold labour rights, particularly fundamental principles and rights at work.

 

The human right to form and join trade unions and employers’ organizations is essential to social dialogue whether it concerns tripartite consultations on matters of public interest or collective bargaining to determine terms and conditions of work. Moreover, collective bargaining and social dialogue help realize the right to just and favourable conditions of work (UN 2016, para. 60).

 The Freedom of Association and Protection of the Rightto Organise Convention, 1948 (No. 87), affirms that it is the right of workers and employers alike to form organizations and organize their activities to represent their rights and interests, free from external interference, be it from the government or from each other. While 158 countries have ratified Convention No. 87 (see figure 1.2), the 29 countries that have not yet ratified it are home to almost half the world population

Freedom of association and collective bargaining are addressed in many national constitutions. In most cases, the constitution provides that this freedom shall be exercised in accordance with the law. While these principles often appear in constitutions, some countries prefer legislation, while others rely on practice or case law (ILO 2012). Indeed, most provisions on the right to organize and collective bargaining are found in national labour laws or industrial relations instruments. That said, the CEACR has identified countries where the constitutional provision on freedom of association and the right to collective bargaining is overly limited. This in turn negatively affects how the issue is addressed by national labour law (ILO 2025a). At the national level, 146 countries around the world constitutionally protect the right to form or join a trade union or professional association (see figure 1.3). Countries in Africa and Europe and Central Asia are the most likely to include such a provision.

Closely related is the right to collective bargaining – the Right to Organise and CollectiveBargaining Convention, 1949 (No. 98), recognizes the right to voluntary collective bargaining through which employers and workers discuss and negotiate their relations and, in particular, the terms and conditions of work. At present, Convention No. 98 has been ratified by 168 countries (see figure 1.2). More than one third of employees in 98 countries have their pay and working conditions regulated by one or more collective agreements. Having a voice at work is a fundamental human right in itself but also leads to better working conditions and fair distribution. Collective bargaining rights have been enshrined in many national constitutions, predominantly in Europe and Central Asia (11 countries; see figure 1.4). Countries in Africa and the Americas are also likely to include constitutional protections for collective bargaining rights. With freedom of association and the effective recognition of the right to collective bargaining being enabling rights, the deterioration of these rights across the world is a cause for concern. SDG indicator 8.8. an indicator of “compliance with freedom of association and collective bargaining rights”, uses a scale from 0 to 10 to provide information on levels of compliance with freedom of association and collective bargaining rights, with 0 being the best possible score (indicating higher levels of compliance with freedom of association and collective bargaining rights) and 10 the worst (indicating lower levels of compliance with these rights). As indicated in figure 1.5, in 2022 the global indicator score stood at 4.83, following a deterioration in compliance with these rights generally, particularly in the most recent period when data were available (2021 to 2023). There are gaps between regions, with Asia and the Pacific and the Arab States generally exhibiting worse scores than those of Europe and Central Asia.

Protecting children against child labour is critical to social justice. Not all work done by children constitutes child labour – indeed, certain work appropriate to a child’s age and performed with adequate protection may be beneficial to the child’s development. Child labour is work done by children too young to perform it and, by its nature, likely to harm a child’s health, safety or morals and interfere with their education. Labour of this kind prevents children from learning the skills they need in the future and robs them of the very essence of childhood. It is a gross violation of human rights for an 11-year-old child to spend ten hours a day underground in a mine, even with the best protective equipment, instead of going to school (ILO and UNICEF 2021). The right to be free from child labour is also critical to social justice across time because children engaged in child labour miss out on school – limiting their options for the future and their right to education. Ending the worst forms of child labour is a goal widely shared and has been endorsed by all 187 ILO Member States through universal ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), and by 95 per cent of Member States through the ratification of the Minimum Age Convention, 1973 (No. 138), on establishing a minimum age for work (see figure 1.7). Furthermore, other instruments such as Article 10 of the ICESCR, Article 32 of the Convention on the Rights of the Child and SDG target 8.7 aim to end the worst forms of child labour by 2025 and underscore the human rights character of these fundamental principles and rights at work.

 

While reliable numbers for child labour of those aged 5 to 17 before 2000 are scarce, between 1995 and 2024, child labour of those aged 5 to 14 fell from 250 million to 106 million (from about 21 per cent to 8 per cent). Figure 1.9 shows marginal differences between child labourers aged 5 to 17 and 5 to 14. Most of the drop in child labour has been in hazardous work: the number of 5- to 17-year-old children engaged in the worst types of child labour fell from 170 million to 54 million between 2000 and 2024. Child labour fell rapidly from 1995 to 2012, stalled from 2012 to 2020 and then fell again from 2020 to 2024. Once children are out of school, it is hard to bring them back, and the risk of child labour remains accordingly high (Moscoviz and Evans 2022), meaning that the drop from 2020 to 2024 is of particular significance in light of the challenges posed by the COVID-19 pandemic. 

Child labour is not equally distributed around the world (see figure 1.10). Regionally, more than half of those in child labour (64 per cent) are found in sub-Saharan Africa, where the prevalence of child labour is 21 per cent, almost three times the global prevalence of 7.6 per cent.

More than three quarters of child labour is found in rural areas, which account for only 42 per cent of the world’s population. Seven out of every ten child labourers are in agriculture. Child labour is also higher among socially disadvantaged ethnic groups, such as indigenous peoples (ILO 2023c). About 55 per cent of those in child labour are boys, with a faster decline in the child labour rate among girls (not including unpaid care work). This prevalence of the worst forms of child labour has profound impacts on social justice – the geographic concentration exacerbates global inequalities, depriving whole communities of equal opportunities to develop and thrive. Some 31 per cent of children in child labour and 47 per cent of those in hazardous work are out of school, as compared to about 8 per cent of all children aged between 5 and 14 (ILO and UNICEF 2025). While progress has been made on child labour, the number of children still in child labour – and particularly in hazardous work – remains unacceptable and impedes progress towards social justice globally.

  

The eradication of slavery and servitude is fundamental to social justice and recognized as a human rights principle in Article 4 of the UDHR, Article 8 of the ICCPR and Article 6 of the ICESCR. The Slavery Convention was approved in 1926 and ratified by 99 countries. The Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), are among the ILO’s most ratified Conventions, with 181 and 178 ratifications, respectively (see figure 1.11). Convention No. 29 defines forced labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”It further mandates that countries should undertake “to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.” In addition to Conventions Nos 29 and 105, the Protocol of 2014 to the Forced Labour Convention, 1930, complements existing international instruments by providing specific guidance on effective measures to be taken to eliminate all forms of forced labour. The Protocol has been ratified by 61 countries. Convention No. 29 is based on an assessment of three elements for the definition of forced labour (that is, (i) all work or service, (ii) exacted from under the threat of penalty and (iii) for which the person has not offered himself or herself voluntarily) (ILO 2012). 

The Slavery Convention defines slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised” and commits all parties to “the complete abolition of slavery in all its forms.” Forced labour encompasses slavery and its vestiges or slave-like practices, various forms of debt bondage as well as human trafficking (ILO 2012), which means that forced labour includes slavery but is nevertheless broader in scope. Any assessment of social justice must consider as a cornerstone the fundamental freedom to choose an occupation without threat or penalty. It is impossible to imagine an individual pursuing their material well-being and spiritual development in conditions of freedom and dignity while subject to forced labour. Constitutions in 134 countries in the world prohibit slavery.

Constitutions in Africa and the Americas are the most likely to include such a provision (65 countries), while the Arab States are the least likely (5 countries) (see figure 1.12). While most constitutions contain prohibitions of slavery, not all of them contain a prohibition of forced labour (ILO 2012). Most constitutions either provide some exceptions or leave the determination of exceptions to the law (ILO 2012). Where forced labour is not expressly prohibited in a constitution, protection against forced labour or certain forms of forced labour may be guaranteed to a certain extent through other types of prohibitions or rights, such as prohibition of all forms of slavery or servitude, exploitation or trafficking; the right to dignified and equitable working conditions; and the right to the free choice of employment (ILO 2012).

Although the last country to abolish legal slavery did so in 1981, practices akin to slavery continue to exist and affect millions of people worldwide. In this context, a typology based on global estimates shows where forced labour still takes place (ILO, Walk Free and IOM 2022). Forced labour may be imposed by state authorities, such as labour exacted by the state as a means of discrimination, coercion, punishment for expressing political views or to mobilize labour for the purpose of economic development, or imposed by private individuals, groups or companies, including forced commercial sexual exploitation (ILO, Walk Free and IOM 2022). Analysis of forced labour suggests a troubling trend. The number of people in forced labour has risen in recent years (see table 1.1). Estimates of the total number of people in forced labour from 2016 to 2021 suggest forced labour has risen from 24.9 million to 27.6 million (ILO, Walk Free and IOM 2022). Compounding this, recent research suggests that profits extracted from forced labour, both in absolute terms and per person, increased from 2014 to 2024 (ILO 2024b).

The conditions faced by migrant workers make them more vulnerable to forced labour than other workers. The forced labour prevalence of adult migrant workers is more than three times higher than that of adult non-migrant workers (ILO, Walk Free and IOM 2022).

The ILO Declaration of Philadelphia recognizes that “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”. These principles were also enshrined in the ILO Declaration on the Fundamental Principles andRights at Work and the Social Justice Declaration. Equal remuneration is enshrined in the ILO Constitution, and Article 427 of the Treaty of Versailles recognizes that men and women should receive “equal remuneration for work of equal value.” The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), requires ratifying countries to adopt and implement a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination in all aspects of employment and occupation for all workers. The Equal Remuneration Convention, 1951 (No. 100), requires equal remuneration for men and women workers for work of equal value; that is, even when men and women do not perform the same work, but the value of their work is comparable. These ILO Conventions are among the most ratified: 175 countries have ratified Convention No. 111 and 174 countries have ratified Convention No. 100 (see figure 1.13). Protection against discrimination builds conditions of social justice for all, rather than only for those in privileged groups. Most constitutions contain general provisions guaranteeing equality before the law, the equal enjoyment of rights and fundamental freedoms, as well as non-discrimination (ILO 2012). Certain constitutions specify that both direct and indirect discrimination shall be prohibited. Other provisions include equal opportunities provisions and special measures designed to remove barriers to equality (ILO 2012). The grounds on which equality shall be ensured or discrimination prohibited vary widely beyond those expressly listed in international human rights treaties. Some constitutions refer to “any grounds” or provide an open list of grounds (ILO 2012). Others specifically mention certain grounds, covering all or some of those enumerated in Convention No. 111 (ILO 2012). 

Constitutional provisions on equal remuneration vary. They include provisions guaranteeing fair remuneration, or remuneration without discrimination or without discrimination based on sex; provisions ensuring “equal pay for equal work” or “equal pay for equal work for men andwomen”; provisions ensuring equal “pay” or “remuneration” for “work of equal value” generally, or with respect to a range of grounds (ILO 2012). Some specifically guarantee equal remuneration for men and women for work of equal value, as provided for in Convention No. 100 (ILO 2012). National constitutions may include general provisions on equality, with fewer including provisions on equal pay (see figures 1.14 and 1.15). A total of 177 countries have equality provisions in their constitutions that provide some definition guaranteeing all individuals are entitled to the same privileges and immunities and prohibitions on discrimination against any group. The constitutions of 37 countries specifically address equal pay or remuneration, most often in countries in Africa and the Americas.  

Measuring freedom from discrimination in society is complex, as it may affect access to housing, education, the labour market, public services and more. Even narrowing the analysis to the world of work is a difficult task, as discrimination may be indirect, rather than direct, and it may frequently go unreported or even unnoticed. The CEACR has observed that while general prohibitions on discrimination are widespread in domestic legislation, many countries lack comprehensive legislation to address different aspects of discrimination, for example sexual harassment (ILO 2012, paras 789–794; 2023b, paras 51–54). Notably, definitions may exclude indirect discrimination, which is typically harder to identify (ILO 2012, paras 746, 854, 855; 2023b). Furthermore, accessing relevant judicial and other redress mechanisms presents difficulties due to obstacles such as high costs, process-related delays, difficulties in meeting the burden of proof and fear of victimization (ILO 2012, paras 884– 886).

 There are also challenges in terms of obtaining information on the outcomes in relevant cases in practice, including as to whether relevant procedures have led to redress (ILO 2023b, 274). A key obstacle to effective application of the principle of equal pay for “work of equal value” is that often the latter is not defined or expressed in ways that can lead to an easy identification of the policies required to advance it (ILO 2012, 2023b). 

The Preamble to the ILO Constitution calls for the “protection of the worker against sickness, disease and injury arising out of [their] employment”. The ILO Declaration of Philadelphia also establishes a solemn obligation of the ILO and its constituents to ensure “adequate protection for the life and health of workers in all occupations”. The importance of occupational safety and health (OSH) is also recognized in UN instruments such as the ICESCR, which includes the right to safe and healthy working conditions, and is a key element of the SDGs, specifically SDG 8.8. In 2022, the International Labour Conference added OSH as a fundamental principle and right at work. Two of the 11 fundamental instruments are OSH-related: the Occupational Safety andHealth Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safetyand Health Convention, 2006 (No. 187). Convention No. 155 establishes a broad framework for OSH, requiring national policies and identifying employer and worker responsibilities in the workplace; while Convention No. 187 complements this approach by emphasizing preventive safety cultures, continuous improvement and national OSH systems. 

As of 2025, ConventionNo. 155 has been ratified by 87 countries and Convention No. 187 has been ratified by 73 countries (see figure 1.16). Both Conventions aim to protect and advance the physical and mental health of workers and to prevent occupational accidents, injuries and diseases. Recently, the ILO supplemented its standards on OSH with the Biological Hazards in the Working Environment Convention (No. 192) and Recommendation (No. 209), 2025, which address the prevention and protection against biological hazards in the working environment. Some countries include the right to a safe and healthy working environment in their constitutions (ILO 2017). Some indicate that everyone shall have the right to safe and healthy conditions of work and that the method for implementing this right and the obligations of employers shall be specified by statute (ILO 2017).

At the national level, the right to a safe and healthy working environment has been recognized in the constitutions of countries around the world. A total of 87 countries include the right to work in environments free of preventable hazards, which may include a state obligation to provide safe working conditions or to address violations thereof (see figure 1.17).45 A legal framework acts as a key pillar of national OSH policy and clarifies the roles and responsibilities of employers and the duties and rights of workers (ILO 2017). As OSH requires specialized knowledge of workplace hazards, it often falls to labour inspectorates specializing in OSH issues to ensure compliance with laws. However, as the CEACR has highlighted, countries need to allocate financial and human resources to labour inspection through recruitment of inspectors and adequate budgets so the inspectorate can operate effectively (ILO 2017). The financial resources are also required to collect of OSH-related data, both to record information and to set future OSH strategies.

Workplace mortality and morbidity are difficult to compare due to different national reporting systems. Relying solely on fatality and injury rates from OSH data can be misleading, as countries with better reporting systems may appear more dangerous. Household surveys rarely address work-related accidents or deaths, and vital statistics – typically recorded at hospitals – often lack details on the circumstances of incidents or deaths. To overcome these gaps, the ILO recently released statistical models using data from 2000 onwards (ILO, unpublished). These models define work-related risks to include both occupational injuries from accidents and diseases from long-term exposure to workplace hazards such as chemicals or mining dust. 

Figures 1.18 to 1.20 show work-related health impacts from 2000 to 2019 in both absolute numbers (in millions of deaths), in rates (deaths per 100,000 workers) and as a percentage of total deaths. Absolute numbers of deaths increased with the growth of the labour force but the rate (deaths per 100,000 workers) and proportionate share of occupational health burdens (the percentage of all deaths that can be attributed to work) declined – although it still remains at concerning levels. As is the case with many indicators in this report, the decline was faster from 2000 to 2010 and slower from 2010 to 2019. In terms of mortality by sex, men are roughly twice as likely to die as women from work-related accidents and diseases, largely due to differences in participation in sectors with varying degrees of risk. 

High risk sectors for OSH often involve industrial processes, such as construction and mining, which usually employ more men than women. Figures 1.21 and 1.22 show the trend in fatal and non-fatal occupational injuries. The mortality rate refers to injuries per 100,000 workers and the number of accidents to the absolute number of fatal and non-fatal injuries.

The data indicate that the total number of non-fatal occupational injuries increased with a larger employed population (see figure 1.22, panel B). The number of injuries per 100,000 workers (figure 1.21, panel B) did not change much, with a small drop of 713 injuries per 100,000 workers. The annual number of fatal occupational accidents from 2000 to 2019 fell by more than 120,000 (figure 1.22, panel A), or 27 per cent.

Recently, many policymakers have also begun to prioritize mental health in the workplace. For example, psychosocial risks may be related to factors such as job content, work schedule, violence and harassment at work47 and workplace culture (ILO 2022b). These factors are not easily measured and may be interrelated, making differences difficult to determine.