Historical research of the Decent Work content in ILO ambit and an analysis of its justiciability

Abstract

In its first part, this study examines the historical treatment given by the ILO of the content of the Decent Work concept since its inception in 1999. It compares it with the mentions contained in official documents produced at the International Labor Conferences between the 1999 and 2018, seeking to identify if, in the context of the ILO itself, a precise definition of the term Decent Work has been established throughout history. In the second part, based on the documentary examination previously undertaken and theoretical references on the justiciability of economic, social and cultural rights and the right to Social Development, it will be examined whether the concept of Decent Work embodies the substrate of a legal norm which, in turn, establishes a subjective right, which is therefore justiciable. In conclusion, it is argued that, in spite of the ILO's refusal to formulate a precise concept of Decent Work, there are conceptual elements with the necessary characteristics for the recognition of a legal norm that establishes a subjective right to Decent Work, therefore justiciable at national and international levels. The study uses the inductive methodology approach and the bibliographic procedural methodology of historical-comparative nature, since its conclusions derive from the examination and systematization of official ILO documents and bibliographic texts which were essential for the fulfillment of the goal of contributing for a conceptual understanding of the concept of Decent Work and its justiciability.