The Inter-American Court of Human Rights: a catalyst for international labour standards

• Autor(a) principal: Pucheta, Mauro
• Data de Publicação: 2024
• Outros Autores: Kalil, Renan Bernardi
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do INSPER
• Texto Completo: https://repositorio.insper.edu.br/handle/11224/7104
• topic: International labour standards; Inter-American system of human rights; Labour rights; Inter-American Court of Human Rights; International labour law method

Although the International Labour Organization remains the most important regulator at the international level and despite the post-1998 International Labour Organization Declaration momentum, the slowdown of its legislative activity and the questioning of the effectiveness of its supervisory bodies, particularly in the aftermath of the 2012 crisis, has entailed the reassessment of both the purpose and method of international labour law. These crises have begotten the development of international labour standards beyond Geneva, particularly by establishing a social clause or chapter in free trade agreements. It has also been argued that an openness of international labour standards to regional systems, such as the Council of Europe and the Organization of the American States, may result in a strengthening of their scope and protective potential. This chapter aims to unpack the recent Inter-American Court of Human Rights’ workers’ rights case law as a method to develop and strengthen international labour standards. The recent development of the Inter-American Court of Human Rights’ case law, which recognizes the direct and autonomous justiciability of labour rights enshrined in the Inter-American System of Human Rights, has not only reaffirmed the relevance of international labour standards as developed by the International Labour Organization, but has also reinforced their development and implementation by considering the distinctive features and challenges of the Latin American workforce. This ‘adapted’ application of the international labour standards, rather than a one-size-fits-all approach, may result in the strengthening of labour standards at the domestic level.