Convention No. 190 brings together equality and non-discrimination with safety and health at work in one instrument, and places human dignity and respect at its core. The Convention recognizes that violence and harassment can constitute a human rights violation or abuse, and provides, for the first time, a single composite concept of violence and harassment (Art. 1) 5. The Convention requires Member States to adopt an inclusive, integrated and gender-responsive approach to prevent and address such behaviours in the world of work (Art. 4(2)). This approach envisages action on prevention, protection, enforcement, remedies, guidance, training and awareness raising (Arts 4, 7–11), and takes into account third parties as both victims and perpetrators. In adopting this approach, Convention No. 190 requires States to recognize the different and complementary roles and functions of governments, employers and workers, and their respective organizations, taking into account the varying nature and extent of their respective responsibilities (Arts 4(3) and 9).
The Convention has a broad personal scope of protection (Article 2) and seeks to address violence and harassment that occurs “in the course of, linked with or arising out of work”, both in the formal and informal economy, and whether in the private or public sector (Article 3). The Convention has a strong focus on inclusivity (Arts 2 and 6) as well as accessibility (Arts 4(2), 9(d), 11(b)), and acknowledges that some groups and workers in certain sectors, occupations and work arrangements are especially vulnerable to violence and harassment (Arts 6 and 8). It embeds a strong gender-responsive perspective with a view to tackling root causes of discriminatory forms of violence and harassment.
Convention No. 190 and Recommendation No. 206 reaffirm the ILO’s crucial standard-setting role. They are tangible evidence of the enduring value and strength of social dialogue among governments, employers’ representatives and workers’ representatives, and that social dialogue and tripartism are essential to implementing these standards at the national level.
Figure 1. The journey towards the adoption of Convention No. 190 and Recommendation No. 206
Manifestations of violence and harassment in the world of work are diverse and multifaceted, and have changed over time. The variety of conduct, practices or threats that may be covered under the general term “violence and harassment” is very broad, and the norms and perceptions of unacceptable behaviour vary across contexts and cultures. Taking these realities into consideration, Convention No. 190 provides for a broad notion of violence and harassment, and for a rights-based framework for its prevention and elimination.
5 This single composite concept of violence and harassment is reflected in the language used in the Convention, which treats the phrase “violence and harassment” as a single unit. Hence the Convention (and this Guide) use singular verbs to refer to violence and harassment – for example, “violence and harassment is” rather than “violence and harassment are”.