by Jeet Sinha and Sarika Mittal

Social security refers to a guarantee offered by the government through its agencies against specific hazards that society members may face. Human dignity and social fairness are the cornerstones of the idea of social security. Social security policies are based on the notion that “a citizen should be protected against certain risks if he or she has contributed to or is expected to contribute to the welfare of his or her nation”. A number of related social security laws and conventions have occasionally been implemented to improve and safeguard workers’ working conditions.

ILO’s Legacy: Championing Worker Well-being Through Occupational Safety and Health

Beginning with the International Labour Organization (ILO), founded in 1919, which recognized the widespread threat that unsafe working conditions posed to the fundamental human rights to life and personal security. The preamble of the ILO considers the “protection of the worker against sickness, disease, and injury arising out of his employment; the protection of children, young persons, and women; and provision for old age and injury” as a prerequisite to “universal and lasting peace,” therefore clearly trying to disseminate the idea that a key element of the ILO’s conception of universal rights is the improvement of living and working conditions.

ILO has encouraged the advancement of better working conditions through its various early conventions, setting precedent for standards in the field of occupational safety and health at the workplace while drafting national laws and regulations.

UDHR: Unveiling the Framework for Occupational Health and Human Rights

Moving on to occupational safety and health protection under the Universal Declaration of Human Rights (UDHR), which implies that workplace safety and health are covered by the UDHR even if it doesn’t mention occupational safety and health directly. Instead, it mentions issues with people’s security and the standard of working conditions. The cluster of articles that evince the essence of health and safety at the workplace are as follows: Article 3 talks about the security of the person. This article guarantees that “everyone’s right to life must be protected, including occupational health risks, the effects of occupational accidents, and diseases related to the workplace”.

Next in order are Articles 23, 24, and 25, which acknowledges “everyone’s right to a living standard sufficient for their health and well-being, including access to necessary social services and medical care, as well as their right to security in the event of unemployment, illness, disability, widowhood, old age, or other loss of livelihood due to factors out of their control”. Hence, the UDHR offers a general but useful framework for international human rights initiatives pertaining to occupational health and safety concerns.

ICESCR, 1976: Safeguarding Economic, Social, and Cultural Rights in the Workplace

The other international instrument promoting occupational safety and social security is ICESCR, 1976 which came into force on 3rd January 1976 with an object to protect the economic, social and cultural rights of its signatory. Its statement of object makes it certain that these are the basic thing developed from inherent dignity of human person. Recognizing that it is the responsibility of the individual to work toward promoting and upholding the rights enshrined in the current Covenant due to his or her obligations to other people and to the community to which he or she belongs, and that States are required by the United Nations Charter to facilitate the universal respect for and observance of human rights and freedoms.

Social Security Convention, 1952: Bridging the Gap Between Social Security and Occupational Safety

There are two articles that cover the occupational safety part although directly there is no mention of occupational safety, it is included in the wide ambit of social security. We can understand the meaning of social security through the “Social Security (Minimum Standards) Convention, 1952”, also known as Convention No. 102, which is a treaty between the ILO and member states that requires them to enact national legislation that guarantees social security to all citizens in terms of protection from occupational injury, maternity benefits, and medical care.

Based on this Convention, the American Social Security Administration, or SSA, has given social security programs in the nation in a formal structure. Despite the Administration is a federal organisation, the plans are implemented at the State level due to the federal-State relationship. Therefore, specific rights and benefits are not governed by federal law but rather by state or federal and state legislation. There are two articles that deal with the concept of social security which also includes occupational safety.

Firstly, article 9 of ICESCR, 1976 states that every state shall ensure that everyone has social security, including social insurance. Secondly, Article 10(2) deals with the “maternity benefits that are given to mothers during a reasonable period before and after childbirth”. They shall also be provided their wages during that period. Further, Article 10(3) provides the provision for the protection of children from exploitation, it prevents the children from harmful work which would likely hamper their health and be dangerous to their lives.

CEDAW, 1981: Empowering Women and Promoting Workplace Equality

The “convention on the elimination of all forms of discrimination against women, 1981”, also promotes occupational safety without any discrimination based on sex. This convention puts an obligation to give equal opportunities to both men and women by providing them equal rights such as economic, social, cultural, civil, and political. This convention is to remove the inequality in society between men and women which will help society to prosper more as women can work to their full potential and contribute to society in absence of inequality.

Now, we will directly investigate the provision of the convention which promotes occupational safety and social security. As this convention is focused on women because of their downtrodden position in society. Therefore, Article 11(1) states that “State shall take appropriate measures to eliminate discrimination against women in the field of employment”. Clause (e) of Art. 11(1) deals with the “right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age, and other incapacities to work, as well as the right to paid leave”. Further, Article 11(2)(b) deals with maternity leave with pay without loss of any social benefits, employment, or seniority.

Lastly, Art. 14 (2) provides that equal opportunity should be provided to women living in rural areas. These concepts have also been incorporated into the Indian labor laws, the newly drafted “Social security code and the Occupational safety, health and working conditions code”, contains all the provision according to the international standards. Now, the important question will be how these adopted provisions are implemented in the country. It will require the constant effort of all stakeholders like government, employer, and employee. Government liability is enforcement, employer liability is following the provisions and employee liability is getting aware of their rights.

Conclusion

In the ever-evolving landscape of global workplaces, the significance of occupational safety and social security cannot be overstated. This exploration of international instruments has shed light on the pivotal role played by organizations such as the International Labour Organization (ILO), the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The ILO, with its rich history dating back to 1919, has been at the forefront of advocating for improved working conditions. Its early conventions, addressing occupational safety and health, have set standards that resonate in national legislations worldwide. The UDHR, despite not explicitly mentioning workplace safety, provides a foundational framework, recognizing the right to life and a decent standard of living for all individuals.

The ICESCR, in force since 1976, emphasizes the inherent dignity of individuals and their collective responsibility towards promoting and upholding economic, social, and cultural rights. The Social Security Convention of 1952, a crucial treaty between the ILO and member states, bridges the gap between social security and occupational safety, ensuring protection from occupational injury, maternity benefits, and medical care.

Empowering women and promoting workplace equality, CEDAW, established in 1981, acknowledges the right to social security, including measures for retirement, unemployment, sickness, and maternity leave. These international principles have not only found a place in global discussions but have also been incorporated into Indian labor laws through the Social Security Code and the Occupational Safety, Health, and Working Conditions Code.

As nations strive to implement these provisions, a tripartite effort involving governments, employers, and employees is paramount. Enforcing regulations, adhering to standards, and fostering awareness among workers about their rights collectively contribute to the successful implementation of these international instruments at the national level.

In conclusion, the journey towards ensuring occupational safety and social security is a shared responsibility. These international instruments serve as beacons, guiding nations towards creating work environments that prioritize the well-being of individuals. As we continue this pursuit, the principles embedded in these instruments remain instrumental in fostering a world where every worker can thrive in a secure and healthy workplace.

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