Considerations on COM(2020)24 - Authorisation of Member States to ratify the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization

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(1) In 2019, in its 108th session the International Labour Conference adopted the International Labour Organization’s Convention concerning the elimination on violence and harassment in the world of work, which may be cited as the Violence and Harassment Convention, 2019 (No. 190), (“the Convention”).

(2) The Union promotes the ratification of international labour conventions that have been classified by the International Labour Organization as up to date in order to promote decent work for all, health and safety at work and gender equality as well as to combat discrimination.

(3) Some provisions of the Convention are covered by the Union acquis in the areas of social policy in accordance with Article 153(2), Article 153 (1)(a) and (i) and Article 157(3) of TFEU as regards health and safety at work and equality between men and women in employment and occupation 22 . Some provisions of the Convention are covered by the Union acquis in the field of non-discrimination 23 .

(4) Therefore, parts of the Convention fall within the competence of the Union and Member States may not enter into commitments in relation to those parts outside the framework of the Union’s institutions 24 .

(5) The Union cannot ratify the Convention, as only States can be parties thereto.

(6) In this situation, Member States should be authorised to ratify, acting jointly in the interest of the Union, the parts of the Convention falling under Union competence.