Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization (ILO): inviting Member States to ratify it

2020/0011(NLE)

The Committee on Employment and Social Affairs and the Committee on Women's Rights and Gender Equality jointly adopted the report by Kira Marie PETER-HANSEN (Greens/EFA, DK) and Cindy FRANSSEN (EPP, BE) on the draft Council decision inviting Member States to ratify the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization.

The committees responsible recommended that the European Parliament give its consent to draft Council decision.

The ILO Convention No. 190 (C190) is the first international treaty to recognise the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. It sets the obligation to respect, promote and realise this right, as well as minimum standards for tackling harassment and violence to promote a healthy, safe, and equal work environment for all.

The Convention:

- provides the first international definition of violence and harassment in the world of work;

- lays out the scope of the convention, which protects workers and other persons in the world of work including employees, workers irrespective of their contractual status, persons in training, workers whose employment has been terminated, volunteers, job seekers, and job applicants as well as supervisors and employers. The convention applies to all sectors, whether private or public, both in the formal and informal economy, and whether in urban or rural areas;

- sets out the core principles of the convention, which promotes an inclusive, integrated, and gender-responsive approach to prevent and eliminate violence and harassment in the world of work;

- requires Member States to define and prohibit violence and harassment in the world of work in laws and regulations and to adopt appropriate measures to prevent it. This shall include the identification of the sectors or occupations and work arrangements in which persons in work are more exposed to violence and harassment. Member states are also required to adopt laws and regulations requiring employers to take appropriate steps commensurate with their degree of control to prevent violence and harassment in the world of work;

- requires Member States to monitor and enforce laws and regulations laid out by the convention and to ensure easy access to safe, fair, and effective reporting and dispute resolution mechanisms and procedures. Measures are to be taken to protect complainants, victims, witnesses, and whistle-blowers against victimisation or retaliation. Sanctions for cases of violence and harassment are to be provided for where appropriate. The Convention requires Members to ensure easy access to appropriate and effective remedies, as well as to legal, social, medical, and administrative support measures for complainants and victims;

- requires that Member States, in consultation with social partners, shall seek to ensure that relevant national policies address violence and harassment in the world of work and calls for Members to ensure that guidance, resources, training, or other tools are provided to employers, workers and the social partners, as well as to other relevant authorities, in accessible formats.

All EU Member States supported the objectives of this Convention and played a key role in its adoption. In the tripartite body proposing the Convention for ratification, no Member State voted against or abstained. So far, seven Member States have ratified Convention No. 190.