Original in French, in Revue internationale du Travail 165 (1). Translation by the ILR Editorial team. This book review is also available in Spanish, in Revista Internacional del Trabajo 145 (1).

As the first comprehensive academic study on the relationship between the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment, this book is a welcome contribution. It offers a substantial compendium of knowledge on this instrument – ratified by 173 States – and analyses it in detail.

The result of a project by the Transnational Trade Union Rights Experts Network, linked to the European Trade Union Institute (ETUI), this book seeks to make a complex treaty accessible to a wide audience, including the social partners. The instrument’s complexity lies in the wide range of employment-related rights it covers. The first part of the book deals with general issues relating to the Covenant: its context, development, challenges, global and regional influence, interpretation and supervisory mechanisms. An interesting chapter, written by Bruno Veneziani, explores the significance of the notion of dignity in the treaty and its role in shaping standards to protect workers. This notion may shed light on the concept of decent work developed by the ILO (see chapter 7, pp. 177ff).

The second part considers provisions specifically related to employment, namely Article 2 (progressive realization of the recognized rights, without discrimination); Article 3 (equal rights of men and women to enjoy all the rights set forth in the Covenant); Article 4 (limitations on rights only as determined by law, compatible with their nature and solely for the purpose of promoting general welfare in a democratic society) – a provision that is underutilized, according to Ioannis Katsaroumpas; Article 6 (the right to work, in all its ambiguity); Article 7 (the right to just and favourable conditions of work); Article 8 (trade union rights, including the right to strike – the subject of ongoing controversy within the ILO); and Article 10 (protection of the family, particularly mothers and children). The conclusions stress that the ICESCR remains underutilized and that its implementation could be strengthened. They also outline a vision for the future – one that is regrettably challenged by the current international context.

However, the right to social security (Article 9) is not addressed, nor are other rights that, as the authors explain, are less directly related to labour law, such as the right of everyone to an adequate standard of living, health and education (Articles 11 to 14). A separate book might focus on these rights.

One of the book’s main contributions is its in-depth analysis of the conclusions of the Committee on Economic, Social and Cultural Rights (CESCR), which monitors national implementation of the Covenant. For example, it notes (Chapter 9, p. 266) that the Committee has stated that the extraterritorial obligation to protect requires States parties to take steps to prevent and redress infringements of rights enshrined in the Covenant that occur outside their territories as a result of the activities of businesses under their control. This is particularly the case when victims do not have access to effective remedies in the courts of the State where the infringement occurs.

The wealth of these references provides valuable information and illustrates the practical challenges of applying the Covenant. They should thus help researchers and practitioners find answers to the problems they encounter.

It is clear that the Covenant cannot overshadow the international standards adopted by the ILO, especially since it is not particularly binding, unlike ratified Conventions (see Chapter 9 and the conclusions on p. 529). Nevertheless, the eminent experts who contribute to this book succeed in reinvigorating the debate on the ICESCR, confounding sceptics and highlighting complementarities between these instruments.

Anyone convinced of the need to protect workers’ rights wishes to see these fully implemented. Another contribution of this book is to highlight the role of human rights in this regard. Renewed interest in these rights, for the defence of workers’ rights, reflects the will to strengthen social solidarity in the face of advocates of laissez-faire and purely voluntary approaches to industrial relations. More generally, the emphasis on respecting fundamental workers’ rights can be seen as a response by those seeking to maintain strong protections for employees to proponents of greater flexibility in employment relations. The development of electronic means of communication and production has, moreover, raised further questions about the protection of the private sphere.

Although social rights were the last to be introduced at the national level, they were the first to be formally enshrined in international treaties – notably, in Part XIII of the Treaty of Versailles, which gave us the ILO Constitution, and in a number of international labour conventions adopted shortly before the First World War, which already contained provisions in this regard. We may wonder at this. One explanation is undoubtedly that acquired social rights at the national level appeared fragile to their most ardent defenders, who sought to consolidate them through universal recognition. Their efforts greatly contributed to the creation and development of the ILO. Beyond their technical contributions, the authors of this book skilfully convey the enduring importance of these rights.

They also highlight the relationship between the ICESCR and the International Covenant on Civil and Political Rights. The events symbolized by the fall of the Berlin Wall showed that while civil and political rights needed to be supplemented by economic and social rights, the latter alone would not ensure harmonious individual and collective development. Economic and social rights must be grounded in civil and political rights, which provide the foundations of the modern democratic State. Certain public freedoms are essential to the exercise of individual autonomy, but also of collective autonomy – especially that of employers’ and workers’ organizations. In addition to freedom of association, the experience of the ILO’s supervisory bodies highlights the need for guarantees of personal security, freedom of assembly, opinion and expression, and protection against arbitrary interference in premises, communications and the private sphere in all its forms.

Jean-Michel Servais

Former director at the International Labour Office,

President of the International Society for Labour and Social Security Law,

Associate member of the Centre for Comparative Labour and Social Security Law (University of Bordeaux)