1st December 2022
Ireland to ratify the International Labour Organisation Convention on Violence and Harassment (C190)
The Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar TD has announced Cabinet approval on a decision to ratify the International Labour Organisation (ILO) Convention on Violence and Harassment, 2019, (No.190).
The Convention is a legally binding instrument which recognises the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment.
Speaking today, Tánaiste Leo Varadkar, Minister for Enterprise, Trade and Employment said:
“Violence and harassment in the workplace are unacceptable and undermine the principles of human rights. We have comprehensive legislation in Ireland to protect against this and the ILO Convention sends a further clear signal to workers and employers that every workplace must be free from harassment and violence.
“I was committed to Ireland being an early ratifier of this Convention so I am delighted by the Cabinet decision, and I am particularly pleased that we have met the timeline to ratify this Convention before the end of 2022 in line with Minister Helen McEntee’s new zero-tolerance action plan on domestic, sexual and gender-based violence.
“The ILO is unique in the UN system with Governments, Workers and Employers working together to promote decent work and advance social justice. The strong relationship we have with our Social Partners is fundamental to our ability to play an active role within the ILO, as demonstrated by the cooperation on this from ICTU and Ibec.
“The world of work has altered so much since 1923 when Ireland, as a new State, joined the ILO, its first international organisation. I am pleased that Ireland, through ratification of this ILO Convention, is taking a strong stand against violence and harassment in the workplace.”
The Government will present the instrument of ratification shortly to the new Director-General of the ILO in Geneva, Mr Gilbert Houngbo.
It protects workers and other persons in the world of work irrespective of their contractual status, including interns, volunteers, job applicants, and individuals exercising the authority of an employer. It applies to the public and private sectors, the formal and informal economy, and urban and rural areas.
Gender-based violence and harassment is specifically highlighted, and third parties are taken into account (e.g. clients, customers, service providers and patients) because they can be victims as well as perpetrators. The impact of domestic violence on the world of work is also included.
Ireland already has very strong protections in law to combat violence and harassment in the world of work and has ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).
Damien English TD, Ministerof State for Business, Employment and Retail commended the approval to ratify:
“The working environment is ever evolving in Ireland and across the globe. We are currently seeing many important workplace transformations ranging from the development of technologies, the impact of climate change and improvements of workers’ rights. Today is a milestone for workers in Ireland who can now look forward to the additional protection at work - free from violence and harassment.”
The ILO brings together governments, employer and worker representatives of 187 countries to develop international Labour Standards and policies to promote decent work and social justice. Many of the employment rights which we currently benefit from; such as minimum working age, maternity leave, maximum weekly working hours and annual leave, are the result of negotiations over the past 100 years by the constituents of the ILO.
Ireland will be the 23rd State to show its commitment to combatting violence and harassment in the workplace and demonstrates that Ireland is aligned with the most advanced international standards in this area.
ENDS
Notes for editors
The International Labour Organisation (ILO)
The ILO is a United Nations agency which brings together government, employer and worker representatives of 187 member States, to develop International Labour Standards, policies and programmes promoting decent work for all. Its tripartite nature is unique in the UN system.
International Labour Standards
International Labour Standards are legal instruments drawn up by the ILO constituents that set out basic principles and rights at work. Instruments include:
- Conventions, which are legally binding international treaties that may be ratified by member states.
- Protocols, which are legally binding procedural devices for adding extra flexibility to a Convention or for extending a Convention’s obligations.
- Recommendations are also international instruments but are not legally binding and serve as guidelines to help member States formulate their policy at a national level.
Once ratified, a Convention generally comes into force for that country one year after the date of ratification.
Ireland and the ILO
Ireland became a member of the ILO in 1923, this was the first international organisation which the new State joined. Ireland’s links with the ILO can be traced back to Edward Phelan, a Waterford born civil servant who became the ILO’s first official.
Waterford-born Edward Phelan, was a prominent figure in shaping the organisation’s direction and philosophy. In 2022 the Edward Phelan lecture on the topic of "The Future of Work" was given by the Tánaiste Leo Varadkar TD, Minister for Enterprise Trade and Employment.
ILO Convention on Violence and Harassment at Work
The Convention, which was agreed in June 2019, and protects workers and other persons in the world of work irrespective of their contractual status, including interns, volunteers, job applicants, and individuals exercising the authority of an employer. It applies to the public and private sectors, the formal and informal economy, and urban and rural areas. The Convention acknowledges that workers and other persons in certain sectors, occupations and work arrangements are especially vulnerable to violence and harassment and provides scope for the identification of the sectors specific to each country through tripartite consultation.
Gender-based violence and harassment is specifically highlighted, and the approach also takes into account third parties (for example, clients, customers, service providers and patients) because they can be victims as well as perpetrators. The impact of domestic violence on the world of work is also included.
Ireland already has very strong protections in law to combat violence and harassment in the world of work and has ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).
Ireland was committed to proceeding to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. Ireland is a dualist State, Article 29.6 of the Constitution provides that international agreements have the force of law to the extent determined by the Oireachtas. It is essential, therefore, that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland.
The combination of existing legislation and codes of practice represents a set of measures aimed at combatting violence and harassment. Such measures conform to the Conventions main provisions, and supplementary legislation was not necessary for the ratification of this Convention.
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