CONVENIO INTERNACIONAL DE TRABAJO N. 190 Y RECOMENDACIÓN N. 206 SOBRE VIOLENCIA Y ACOSO: VIGENCIA Y EXIGIBILIDAD

Abstract

This article addresses the International Labor Convention n. 190 and Recommendation n. 206: the protection against violence and harassment corresponds to distinguish between validity and enforceability’s concepts. The articulated interpretation between ILC n. 190 and the Declaration of Fundamental Principles and Rights at Work, from the perspective of the pro hominie principle, allow inferring for all ILO member countries, the obligations of protection against violence and harassment are enforceable even if they had not ratified nor the international conventions on discrimination. Horizontal effectiveness will determine that the right to guardianship against workplace violence and harassment constitutes an enforceable right of the worker against the employer, either through the application of the rules of law existing in each country or in the event of a gap in national law, through the direct application of either the ratified and applicable specific conventions on discrimination or the Declaration of Fundamental Principles and Rights at Work.