All in all, the recent decisions rendered by the IACtHR underscore its commitment to expanding workers’ rights, particularly in cases where progress within the ILO has been hindered. By leveraging the ILO Fundamental Conventions enshrined in the Declaration, the IACtHR has effectively widened the realm of international labour law, notably addressing the impasse surrounding the right to strike. Furthermore, the IACtHR’s proactive approach is evident in its case law concerning OSH, drawing upon ILO Convention No. 155 even before it attained fundamental labour rights status. These developments exemplify the IACtHR’s innovative potential, characterized by its expansive legal interpretation, its reliance on ILO norms and decisions from its supervisory bodies, its victim-centred focus, and its transformative approach to reparations. Notably, these advancements hold significant promise for informal workers, who constitute more than half of the global zalo database workforce and currently lack formal representation at the ILO (Articles 3 and 7 of the ILO Constitution). Through its proactive approach, the IACtHR stands as a compelling forum to redress the rights of informal workers and ensure their inclusion in the global labour agenda.
The last 25 years have seen the ILO Declaration emerge as a pivotal instrument, transcending the boundaries of the ILO itself. While concerns persist regarding the categorization of labour rights and the tangible outcomes of increased ratification rates, the Declaration has showcased its potential to bolster the recognition of core labour standards within regional human rights systems. This post has delved into recent findings within the IASHR, where the ILO Fundamental Conventions have catalysed the recognition of workers’ rights. While the role of human rights systems regarding workers’ rights also faces challenges (see here and here), further exploration of the dissemination of Inter-American labour standards, both intra-regionally through the conventionality control doctrine and extra-regionally through cross-fertilisation and transnational strategic litigation, holds great promise for future analysis.