Canadian Labour Congress Elimination of Violence and Harassment in the World of Work

Elimination of Violence and Harassment in the World of Work

3 Two-thirds of women told public opinion Our recommendations researchers that they were personally impacted by the #MeToo movement.

Canada should be among the first governments Indeed, #MeToo and similar movements have to ratify ILO Convention 190 (C190) concerning helped expose the scale of the problem in the the elimination of violence and harassment in the world of work, encouraging women to speak out world of work. The federal government should and demand justice. begin the process immediately, working with the provinces and territories, with a view to ratifying Convention 190 by the end of 2020.

After ratification, Canada should implement Convention C190 and Recommendation 206 A STUDY BY THE (R206) concerning the Elimination of Violence and Harassment in the World of Work. These instruments should guide and help develop FOUND THAT 94% OF Canada regulations and guidelines on harassment and violence in the workplace. COMPLAINTS OF SEXUAL Implementation should also be a component of HARASSMENT IN FEDERAL any National Action Plan on Violence Against Women and Girls. WORKPLACES WERE MADE BY WOMEN². THE STUDY ALSO FOUND THAT WOMEN Violence and Harassment: Not Part of the Job WITH DISABILITIES OR WHO WERE A MEMBER OF A VISIBLE MINORITY WERE The numbers are staggering. MORE LIKELY TO EXPERIENCE More than 800 million women globally have HARASSMENT. experienced some form of violence and harassment, ranging from physical assault to verbal abuse, bullying and intimidation, according to the International Confederation.¹

Here in Canada, a 2018 Angus Reid study found that 1 in 2 women reported experiencing in the workplace.

1. “#RatifyC190 for a world of work free from violence and harassment”, Gender-Based Violence at Work, International Trade Union Confederation, 27 September 2019. https://www.ituc-csi.org/GBV.

2. “Harassment and sexual violence in the workplace – Public consultation - What we heard.” Canada.ca, Employment and Social Development Canada, Government of Canada, 2 November 2017. https://www.canada.ca/en/employment-social-development/services/health-safety/reports/ workplace-harassment-sexual-violence.html 4 against certain groups exacerbates workplace violence and harassment, and can compound its effects. While women are overwhelmingly and disproportionately affected, men are not immune.

Violence and harassment happen in all sectors – formal and informal, public, private and voluntary – and in every kind of workplace. There are far too many workplaces in which workers are continuously at risk, with few safeguards or supports.

In particular, higher rates of violence and harassment are consistently recorded in sectors such as transport, health and social care, hotel and restaurant, media and entertainment, agriculture, and in domestic work.

Violence and harassment at work can come from managers, supervisors, co-workers, customers and clients. Furthermore, research conducted by the Canadian Labour Congress (CLC) and Western University found that 1 in 3 workers³ have experienced domestic violence – yet another form of violence that can impact them at work.

It can happen at the physical workplace, at work-related social events or training, while getting to and from work, or anywhere the worker is required to be because of her or his work. Abusive workplace practices can also contribute to the toll of violence and harassment, with work-related stress and mental illness at an all-time high.

3. “Can Work Be Safe When Home Isn’t?”, Canadian Labour Congress, https://canadianlabour.ca/issues-research/domestic-violence-work/ 5 6 Key Achievements in C190 and R206

7 Convention 190 and Recommendation 206 are public and in public space, this recognition is both groundbreaking and visionary, but also extremely important. practical and actionable instruments. In defining violence and harassment in the world of work as “a range of unacceptable behaviours and practices” C190 describes the nature of the problem, focusing on the harm that these behaviours and practices cause, CONVENTION 190 MAKES IT whether physical, psychological, sexual or economic. CLEAR: EVERYONE HAS THE RIGHT TO A WORLD OF WORK The Convention clearly indicates the places and situations, in the course of, linked with, FREE FROM VIOLENCE AND or arising out of work, where violence and HARASSMENT, INCLUDING harassment occur: in the physical workplace as well during social gatherings, online, where GENDER-BASED VIOLENCE workers rest, eat or attend to their health and AND HARASSMENT. sanitation needs, and during the commute.

And it covers all sectors – public and private, including the informal economy where more than 60 per cent of workers – many of the most vulnerable – are found. Of course, with rights come responsibilities. The text makes it clear that all of us in the world The goal, from the outset, was to craft a of work – governments, employers and Convention and Recommendation that would workers – have a role to play to provide leave no one behind. People whose and sustain a work culture that is based on experience of violence and harassment mutual respect and the dignity of human beings is exacerbated by discrimination and by refraining from, preventing and addressing inequality must have the strongest and most violence and harassment. robust protection. Whether it’s age, disability, race, ethnicity, indigenous status, sexual The Convention takes an inclusive approach, orientation, gender identity or any other ground, extending protection to all workers every person in the world of work can feel that this irrespective of their contractual status, including C190 and R206 covers them. individuals who are exercising the authority of an employer, as well as jobseekers, trainees, interns The C190 and R206 acknowledge the prevalence and apprentices, volunteers and others. of gender-based violence and harassment in the world of work and provide a clear pathway The Convention also requires that violence and for transformative change. This change must harassment involving third parties – whether incorporate strategies to address the social norms they are clients, customers, patients, or members that perpetuate gender inequalities, maintain of the public – be considered and addressed. unequal power relations in the workplace and For workers whose jobs involve dealing with the enable violence and harassment to continue.

8 No worker should have to choose between their job and their safety – or the safety of their children. The language in the Convention and the guidelines in the Recommendation reflect the actions that governments, employers and unions across the country have already been taking to recognize and respond to domestic violence when it comes to work, and to provide support - such as paid domestic violence leave.

Canada has been a world leader on addressing the impacts of domestic violence in the world of work. Implementing C190 and R206 are the logical ‘next step’ towards progress.

9 10 What is the International Labour Organization (ILO)?

11 The ILO is the only tripartite U.N. agency bringing The CLC led the ILO Workers Group at the together governments, employers and workers two-year standard setting discussions with from 187 member states to set international labour workers, governments and employers. C190 was standards. These standards are aimed at promoting then adopted by the ILO General Conference. opportunities for women and men to obtain decent Once adopted by the conference, a Convention and productive work, in conditions of freedom, is open for ratification by all member states and equity, security and dignity. enters into force one year after two Member States have ratified it. Canada joined the ILO in 1919 as one of the founding member states of the Organization. Ratifying countries then undertake to apply the Since then, Canada has ratified numerous ILO Convention in national law and practice and Conventions, including the eight Fundamental to report on its application at regular intervals. Conventions covering subjects that are considered International labour standards are backed by a to be fundamental principles and rights at supervisory system that helps to ensure countries work: freedom of association and the effective implement the Conventions they ratify. Complaint recognition of the right to ; procedures can be initiated against countries for the elimination of all forms of forced or compulsory violations. labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation. What’s the process for Canada to The CLC is a member of the ILO Workers Group ratify an ILO Convention? and sits on the tripartite Governing Body of the ILO.

In Canada, the federal, provincial and territorial governments have authority over labour and What is an International Labour employment law. Employment that is not subject Standard? to federal jurisdiction is governed by the laws of the province or territory where the employment takes place. As such, the federal government, International labour standards are legal instruments which is responsible for the national ratification drawn up by governments, employers and workers of ILO Conventions, always makes sure to get setting out basic principles and rights at work. They official support from the provinces and territories are either Conventions (or Protocols), which are for the ratification of a labour Convention. The legally binding international treaties that may be Convention is reviewed at the provincial and ratified by member states, or Recommendations, territorial levels to identify relevant programs and which serve as non-binding guidelines. In many legislation as well as to identify any barriers to cases, a Convention lays down the basic principles ratification. Most provinces and territories seek to be implemented by ratifying countries, while official support from cabinet and Quebec must a related Recommendation supplements the obtain support from the Assemblée nationale. Convention by providing more detailed guidelines on how it could be applied. In this case, the A Convention generally comes into force one year ILO has adopted both a Convention (C190) after the date of ratification. and Recommendation (R206) on Violence and Harassment. 12 Don’t we have legislation? Why do we need to ratify an ILO Convention?

Ratifying means a country pledges to apply the Convention in their law and practice, and is required to report on its application to the ILO regularly. Ratification offers a process through which workers can hold governments accountable for their commitments. Although many Canadian jurisdictions already have legislation on violence and harassment, the ILO Convention offers a minimum standard that will help fill gaps in current legislation and regulations.

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