7
that there is no distinction. There can be no talk of development if vast sections of
the population live precariously.
Addressing rights protection for sweatshop workers enjoys several legal
resources. Some of the relevant international and national laws, agreements, and
recommendations shall be briefly discussed in this section. At the international
level, the relevant documents and conventions include the United Nations
Conventions (including those from the ILO), as well as other international
instruments. At the national level, the 1986 Philippine Constitution and Labor Code
provides a general framework for structuring State action on the question of labor
standards for sweatshop workers.
Frameworks at the International Level
As a member of the United Nations, the Philippine State is a party to many
conventions and international human rights treaties and agreements. These are
the bases of the countries' labor policies. The United Nations Covenant on
Economic, Social, and Cultural Rights provides the main global framework for
protecting worker's rights. This document guarantees, among other things, the
right of all to "just and favourable conditions of work" which include fair
remuneration, decent living, and safe working conditions, as well as the right to
free association.19
Additionally, being a member of the ILO since 1948, the Philippines expressed its
commitment to the ILO declaration on fundamental principles and rights at work. It
is worthy to note that, according to the ILO, the Philippines has ratified a total of
38 conventions related to labor: 8 of the 10 fundamental conventions; two of four
governance conventions and; 28 out of 176 technical conventions. Of these, 31
are in force, four have been denounced, and one has been abrogated.20 Important
for the discussion on sweatshop labor under COVID-19 are the conventions that
guarantee freedom from forced labor (C105), fair and equal pay (C095; C100), the
right to freely organize (C087; C098), as well as dignified and safe working
conditions (C122; C187).
19
International Covenant on Economic, Social, and Cultural Rights art. 7, opened for signature
December 19, 1966, 993 U.N.T.S. 3.
20 International Labour Organization, NORMLEX Information System on International Labour
Standards, available at
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:10
2970 (last accessed November 5, 2022).