Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

274 | PRACTITIONERS GUIDE No. 6
• the right to a decent living for workers and their families
(Article 7(a)(ii));
• the right to safe and healthy working conditions (Article 7(b));
• the right to equal opportunity for everyone to be promoted in
his or her employment to an appropriate higher level, subject to
no considerations other than those of seniority and competence
(Article 7(c));
• the right to rest, leisure and reasonable limitation of working
hours and periodic holidays with pay, as well as remuneration for
public holidays (Article 7(d));
• the right to non-discrimination in the realisation of all the components
of the right to work and of workplace rights (Articles 6
and 7, read together with Article 2.2). 1148
The Inter-American Court has identified within the minimum core of labour
rights “the prohibition of obligatory or forced labor; the prohibition
and abolition of child labor; special care for women workers, and the
rights corresponding to: freedom of association and to organize and
join a trade union, collective negotiation, fair wages for work performed,
social security, judicial and administrative guarantees, a working day of
reasonable length with adequate working conditions (safety and health),
rest and compensation.” 1149 It has noted that the safeguard of these
rights for migrants is essential, based on the principle of the inalienable
nature of such rights, which all workers possess, irrespective of their
migratory status, and also the fundamental principle of human dignity
embodied in Article 1 of the Universal Declaration. 1150
The European Social Charter (revised) includes the right to just conditions
of work, 1151 the right to safe and healthy working conditions, 1152
the right to a fair remuneration, 1153 the right to protection in cases of
termination of employment, 1154 the right of workers to the protection
of their claims in the event of the insolvency of their employer, 1155 the
right to dignity at work, 1156 and the right of workers with family re-
1148 See also, article 7, Protocol of San Salvador; Articles 1, 2, 3 and 4 ESC(r); Articles 30 and
31, EU Charter.
1149 Advisory Opinion on Undocumented Migrants, IACtHR, op. cit., fn. 33, para. 157.
1150 See, ibid., para. 157.
1151 Article 2, ESC(r).
1152 Article 3, ibid.
1153 Article 4, ibid.
1154 Article 24, ibid.
1155 Article 25, ibid.
1156 Article 26, ibid.