What is ILO Flashcards
rights of LGBTQ persons
BACKGROUND OF ILO? (International Labour Organisation)
It is the only tripartite United Nation (UN) agency. It brings together governments, employers and workers of 187 member States (India is a member), to set labour standards, develop policies and devise programmes promoting decent work for all women and men.
Received the Nobel Peace Prize in 1969.
Established in 1919 by the Treaty of Versailles as an affiliated agency of the League of Nations.
Became the first affiliated specialized agency of the UN in 1946.
Headquarters: Geneva, Switzerland
Why in News?
Recently, International Labour Organisation (ILO) released a document on “Inclusion of LGBTIQ+ persons in the world of work”. It provides certain recommendations to ensure equal opportunities and treatment for LGBTIQ+ persons at work.
LGBTIQ stands for Lesbian, Gay, Bisexual, Transgender, Inter-sex and Queer.
The plus sign represents people with diverse SOGIESC who identify using other terms. In some contexts, LGB, LGBT or LGBTI are used to refer to particular populations.
SOGIESC stands for sexual orientation, gender identity, gender expression and sex characteristics.
National Policy and Labour Law Review( 1st recommendation)
National policy and labour law review will allow governments to assess their country’s work policy environment for LGBTIQ+ persons.
This will allow the identification of concrete steps for improving the legal and policy environment, ending discrimination and exclusions, and complying with international instruments.
Around the world, LGBTIQ+ persons face harassment, violence and discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics.
Discrimination has an economic cost not just to LGBTIQ+ persons and their families but also to enterprises and national economies.
Launch Social Protection Programmes (2nd recommendation)
It recommended member countries, employers’ organisations and representatives of workers to launch social protection programmes to remove barriers that LGBTIQ+ persons face in the society.
Facilitate Consultation (3rd recommendation)
In addition to social dialogue with employers’ and workers’ organizations, consultation with LGBTIQ+ communities are crucial.
This will allow the identification of barriers faced by LGBTIQ+ persons when entering the labour market and accessing government schemes, including those on social protection.
Work with Small and Medium Industry Associations(4th recommendation)
To address gender and sexual identity discrimination and stigma, the International Labor Organization encouraged governments to work with small and medium sector associations, sectoral unions, and informal economy workers’ associations.
End Sexual Discrimination at Workplaces (5th recommendation)
Encouraging employers’ organisations to end sexual discrimination at workplaces, it makes business sense to work on LGBTIQ+ inclusion in the workplace.
Studies have shown that diversity in the workplace, including LGBTIQ+ persons, is better for business.
It signals a creative environment that creates the right conditions for economic growth.
Employers’ organisations can provide policy guidance to their members, undertake advocacy and raise awareness on including LGBTIQ+ persons in workplaces, promote social dialogue and collective bargaining, and facilitate learning and sharing of good practices among members.
Organise and Exercise the Right to Freedom of Association (6th recommendation)
ILO has asked unions to help LGBTIQ+ workers organise and exercise their right to freedom of association.
Workers associations can also ensure that issues affecting LGBTIQ+ workers are represented in collective bargaining agreements with employers and in workplace policies and other tools.
Many LGBTIQ+ workers, particularly those in smaller workplaces, may feel isolated without visible LGBTIQ+ peers or allies.
STATUS of LGBTIQ+ Community in INDIA?
National Legal Services Authority Vs. Union of India (2014): The SC observed that “recognition of transgenders as a third gender is not a social or medical issue, but a human rights issue”.
Navtej Singh Johar vs. Union of India (2018): The SC decriminalised homosexuality by striking off parts of Section 377 of the Indian Penal Code (IPC) which were held violative of Fundamental Rights of LGBTQ Community.
- The SC held that Article 14 of the Constitution guarantees equality before law and this applies to all classes of citizens therby restoring ‘inclusiveness’ of LGBTQ Community.
- It also upheld the pre-eminence of Constitutional morality in India by observing that equality before law cannot be denied by giving precedence to public or religious morality.
What are Yogyakarta Principles on the Application of International Law in Relation to Issues of Sexual Orientation and Gender Identity?
The SC stated that the ‘Yogyakarta Principles on the Application of International Law in Relation to Issues of Sexual Orientation and Gender Identity’ should be applied as a part of Indian law.
Yogyakarta Principles recognise freedom of sexual orientation and gender identity as part of Human Rights.
They were outlined in 2006 in Yogyakarta, Indonesia by a distinguished group of International Human Right experts.
TUSSLE over SAME SEX Marriages?
In Shafin Jahan v. Asokan K.M. and others (2018) case, the SC observed that choice of a partner is a person’s fundamental right, and it can be a same-sex partner.
However, in February, 2021, the Central Government opposed same-sex marriage in Delhi High Court stating that a marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children.
Transgender Persons (Protection of Rights) Act, 2019.
Transgender Persons (Protection of Rights) Act, 2019: The Parliament has passed the Transgender Persons (Protection of Rights) Bill, 2019 which has been criticised for its poor understanding of gender and sexual identity. TRANSGENDER BILL was introduced by THIRUCHI SHIVAA. The bill has collapsed now.
WHAT was the transgender persons( protection of rights ) act, 2019?
The Transgender Persons (Protection of Rights) Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced in the Lok Sabha, the lower house of the Parliament, on 19 July 2019 by the Minister of Social Justice and Empowerment, Thawar Chand Gehlot, in light of the lapse of the Transgender Persons (Protection of Rights) Bill, 2018.
The 2019 act and the immediately preceding 2018 bill, were both preceded by a 2016 version. They were met with protests and criticism by some transgender people, lawyers, and activists in India. The 2016 bill was sent to a standing committee which submitted its report in July 2017.
Minister of Ministry of Social Justice and Empowerment.
Virendra Kumar Khatik, Cabinet Minister.
FIRST openly transgender person to participate in INDIAN elections?
SHABNAM MAUSI
