An analysis of the contribution of the ILO's international labour standards system to the European Court of Human Rights's jurisprudence in the field of non-discrimination

Abstract

This paper examines the role played by International Labour Standards (ILS) of the International Labour Organisation (ILO) and the pronouncements of the ILO supervisory bodies in the development of the European Court of Human Rights (ECtHR)’s jurisprudence by focussing on the ECtHR’s case law on discrimination. This analysis is conducted against the background of the role that the ECtHR has been playing in making the European Convention of Human Rights (ECHR) an instrument that protects not only civil and political rights but also social and economic rights, and its consideration of the ECHR as a ‘living’ document. This study concludes with a reflection on the benefits of the ECtHR’s use of ILS and the work of the ILO supervisory bodies, and challenges ahead.