Proposal for a COUNCIL DECISION authorising Member States to ratify, in the interest of the European Union, the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization
Date: 2020-01-22
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU Member State, International Labour Organisation, harassment at work, international convention, ratification of an agreement, violence

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   EUROPEAN COMMISSION  Brussels, 22.1.2020  COM(2020) 24 final 2020/0011 (NLE)  Proposal for a COUNCIL DECISION authorising Member States to ratify, in the interest of the European Union, the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

The  proposed  Council  Decision  will  enable  Member  States  to  ratify  the  Convention 
concerning  the elimination of violence and harassment in  the world  of work, which may be 
cited  as  the  Violence  and  Harassment  Convention,  2019  (No.  190)  (hereinafter  the 
Convention),  of  the  International  Labour  Organization  (ILO),  for  the  matters  falling  under 
Union competence. 

2. 

CONTEXT OF THE PROPOSAL 

As recently highlighted by the #metoo and related movements, violence and harassment in the 
world of work, including gender-based violence and harassment, are pervasive throughout the 
world. Prevention efforts need to be enhanced and victims protected.  
To  address  this,  the  108th  (Centenary)  International  Labour  Conference  on  21  June  2019 
adopted  the  ILO  Violence  and  Harassment  Convention,  2019  (n°190)  together  with  the 
Violence 
the 
Recommendation).  

and  Harassment  Recommendation,  2019 

(No.  206) 

(hereinafter 

The  Convention  is  the  first  international  instrument  setting  out  specific,  globally  applicable 
standards  on  tackling  work-related  harassment  and  violence  and  specifying  the  measures 
required from states and other relevant actors. The Convention and the Recommendation seek 
to  establish  an  inclusive,  integrated  and  gender-sensitive  approach  for  the  prevention  and 
elimination of violence and harassment in the world of work.  

The  European  Union  (EU)  is  committed  to  promoting  human  rights  and  decent  work, 
including  safe  and  healthy  working  conditions,  equality  between  women  and  men  and  to 
ending discrimination, both internally and in its external relations.  

In the EU, the European Social Partners concluded a ''Framework agreement on harassment 
and  violence  at  work''1  in  2007,  building  on  the  Commission  consultation  of  the  European 
Social  Partners  concerning  violence  at  the  workplace  and  its  effects  on  health  and  safety  at 
work2.  It  provides  the  employers,  workers  and  their  representatives  an  action-oriented 
framework to identify, prevent and manage problems of harassment and violence at work.  

It is in the interest of the EU to promote the implementation of an international instrument to 
fight  violence  and  harassment  in  the  world  of  work  in  line  with  its  internal  framework, 
because the Convention addresses certain areas of Union law and the European Union is not 
in a position to accede to it. The Convention’s substance does not cause concern in the light of 
the existing EU acquis. It is therefore in the interest of the EU that the Convention be ratified 
by EU Member States. To that aim, and in view of EU competence in the areas addressed by 
the Convention, it is necessary that any legal impediments at the EU level to the ratification of 
the Convention by EU Member States be removed.  

2.1 

Content of the Convention 

The  contents  of  the  ILO  Violence  and  Harassment  Convention,  2019  (No.  190)  can  be 
summarised as follows:  

1 
2 

COM (2007) 686.  

C/2004/5220.  

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The preamble of the Convention: 

 

 

 

Recognises  the  right  of  everyone  to  a  world  of  work  free  from  violence  and 
harassment;  

Recognises that violence and harassment in the world of work can constitute a 
human rights violation or abuse, and that violence and harassment is a threat to 
equal opportunities, unacceptable and incompatible with decent work; 

Acknowledges  that  violence  and  harassment  in  the  world  of  work  affects  a 
person’s  psychological,  physical  and  sexual  health,  dignity,  and  family  and 
social  environment  and  may  prevent  persons,  particularly  women,  from 
accessing, remaining and advancing in the labour market;  

Under Part I, definitions, the Convention:  

 

 

 

Sets  a  single  definition  for  “violence  and  harassment”,  covering  a  range  of 
unacceptable  behaviours  and  practices,  or  threats  thereof,  whether  a  single 
occurrence or repeated, that aim at, result in, or are likely to result in physical, 
psychological, sexual or economic harm (Article 1.a); 

Defines gender-based violence and harassment (Article 1.b); 

Establishes,  without  prejudice  to  the  single  definition  of  “violence  and 
harassment”, that violence and harassment may be defined as a single concept 
or as separate concepts in national laws and regulations (Article 1.2). 

Under Part II, scope, the Convention: 

 

 

Protects workers and other persons in the world of work, including employees 
as defined by national law and practice, as well as persons working irrespective 
of  their  contractual  status,  persons  in  training,  including  interns  and 
apprentices,  workers  whose  employment  has  been  terminated,  volunteers, 
jobseekers  and job  applicants,  and individuals exercising the authority, duties 
or responsibilities of an employer(Article 2); 

Applies to violence and harassment in the “world of work”, which goes beyond 
the workplace and includes work-related facilities and communications, travel 
and  social  activities,  as  well  as  employer-provided  accommodation  and 
commuting to and from work (Article 3).  

Under part III, core principles, ratifying States shall, inter alia: 

 

 

 

 

Adopt  an  inclusive,  integrated  and  gender-responsive  approach  for  the 
prevention  and  elimination  of  violence  and  harassment  in  the  world  of  work, 
that includes prohibiting in law violence and harassment (Article 4.2);  

Ensure that relevant policies address violence and harassment  (Article 4.2.b);   

Adopt  a  comprehensive  strategy  to  combat  violence  and  harassment,  and 
ensure access to remedies and support for victims (Article 4.2.c);  

Adopt  laws,  regulations  and  policies  ensuring  the  right  to  equality  and  non-
discrimination  in  employment,  including  for  vulnerable  groups  and  groups  in 
situations of vulnerability (Article 6). 

Under part IV, protection and prevention, ratifying States shall, in particular: 

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Adopt  appropriate  measures  to  prevent  violence  and  harassment  in  work 
contexts (Article 8),  

Adopt  laws  and  regulations  requiring  employers  to  prevent  violence  and 
harassment  by,  inter  alia,  assessing  the  risks  of  violence  and  harassment, 
providing information, and training to those concerned (Article 9). 

Moreover,  under  part  V,  enforcement  and  remedies,  ratifying  states  shall  take  appropriate 
measures to ensure easy access to appropriate and effective remedies; recognise the effects of 
domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of 
work; and ensure that workers have the right to remove themselves from a work situation of 
imminent and serious danger related to violence and harassment (Article 10). 

The Convention further includes provisions on guidance, training and awareness raising. 

2.2 

Union law in the field of violence and harassment in the world of work 

Some  aspects  of  the  Convention,  as  supplemented  by  the  Recommendation,  involve  areas 
covered by EU law, in particular: 

 

 

 

 

 

3 

4 
5 
6 
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Article  153(1)(a)  and  (i)  and  Article  157  (3)  TFEU,  according  to  which  the  Union 
shall  support  and  complement  the  activities  of  the  Member  states  concerning 
improvement in the working environment to protect workers’ health and safety and 
equality  between  men  and  women  with  regard  to  labour  market  opportunities  and 
treatment at work as well as adopt measures to ensure the application of the principle 
of  equal  opportunities  and  equal  treatment  of  men  and  women  in  matters  of 
employment and occupation;  
Framework  Directive  89/391/EEC3,  covering  all  risks  for  the  health  and  safety  of 
workers at work, including psychosocial risks such as harassment and violence; 

2007 European Social Partners  ''Framework agreement on harassment and violence 
at  work''4  concluded  under  Article  138  of  the  EC  Treaty  (now  Article  155  TFEU), 
providing employers, workers and their representatives an action-oriented framework 
to identify, prevent and manage problems of harassment and violence at work; 
EU  Strategic  Framework  on  Health  and  Safety  at  Work  2014-20205  and  the 
Commission Communication on “Safer and Healthier Work for All - Modernisation 
of the EU Occupational Safety and Health Legislation and Policy”6  highlighting the 
importance of improving the prevention against psychosocial risks at the workplace; 

Directive 2006/54/EC addressing the application of the principle of equal treatment 
and  equal  opportunities  for  men  and  women  in  employment  and  occupation,  and 
including provisions on the prohibition of harassment and sexual harassment7;  

Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the 
safety and health of workers at work (89/391/EEC) OJ L 183, 29.6.1989, p. 1–8. 
COM (2007) 686. 
COM (2014) 332 final. 
COM/2017/012 final. 
OJ L 204, 26.7.2006, p. 23-36. Similar provisions are also included in Council Directive 2004/113/EC 
of 13 December 2004 implementing the principle of equal treatment between men and women in the 
access to and supply of goods and services OJ L 373, 21.12.2004, p. 37–43, and in Directive 
2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the 
principle of equal treatment between men and women engaged in an activity in a self-employed 
capacity and repealing Council Directive 86/613/EEC, OJ L 180, 15.7.2010, p. 1–6. 

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Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for 
equal treatment in employment and occupation8;  

Directive  2000/43/EC  implementing  the  principle  of  equal  treatment  between 
persons irrespective of racial or ethnic origin9;  
Council  decisions  of  11  May  2017  on  the  signing  on  behalf  of  the  Union10  of  the 
Council of Europe Convention on preventing and combating violence against women 
and domestic violence ''The Istanbul Convention''11 and the pending discussion in the 
Council  on  the  Union’s  accession  to  the  Istanbul  Convention,  which  includes 
provisions on preventing violence against women and domestic violence,  including 
sexual harassment, protecting victims of such violence and punishing perpetrators. 

Some aspects of the Convention and the Recommendation are further related to areas covered 
by Union law in the fields of judicial cooperation and victims’ rights12, migration, asylum and 
freedom of movement13, where secondary Union law14 lays down rights for victims of crime 
and  their  family  members  to  receive  appropriate  information,  support  and  protection, 
participate  in  criminal  proceedings  and  be  recognised  and  treated  in  a  respectful  and  non-
discriminatory manner.  

The Convention and the Recommendation also include provisions falling under Member State 
competence, in particular as regards collective bargaining. 

3. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Not applicable.  

4. 

AUTHORISATION TO RATIFY THE CONVENTION IN THE INTEREST OF 
THE UNION  

The  Convention  addresses  certain  areas  of  Union  law,  such  as  health  and  safety  at  work, 
equality  and  non-discrimination,  where  the  degree  of  regulation  has  reached  an  advanced 
stage.  

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10 

11 

12 
13 
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OJ L 303, 02/12/2000 p. 16–22. 
OJ L 180, p. 22-26. 
Council Decision 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of  the 
Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and  domestic 
violence  'with  regards  to  matters  related  to  judicial  cooperation  in  criminal  matters,  OJ  L  131, 
20.5.2017,  p.  11–12;  Council  Decision  2017/866  of  11  May  2017  on  the  signing,  on  behalf  of  the 
European Union, of  the Council of Europe Convention on preventing and combating violence against 
women and domestic violence 'with regard to asylum and non-refoulement, OJ L 131, 20.5.2017, p. 13–
14. 
Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and  domestic 
at 
violence, 
https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e. 
Art.82, 83, 84 and 156 TFEU. 
Art. 21, Art. 46, Art.78, and Art.79 TFEU. 

available 

Services 

Council 

Europe 

n°210, 

Treaty 

of 

– 

Directive 2012/29/EU of 25 October 2012 establishing  minimum standards on the rights, support and 
protection of victims of crime, OJ L 315, 14.11.2012, p. 57–73. 

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In accordance with the rules on external competences that have been elaborated by the Court 
of  Justice  of  the  European  Union15,  and  more  specifically  on  concluding  and  ratifying  ILO 
Conventions16, the Member States alone are not in a position to ratify the Convention, as parts 
of the Convention fall within Union competences pursuant to Article 3(2) TFEU. 
However,  the  EU  cannot  ratify  an  ILO  Convention,  because  under  the  ILO  Constitution17, 
only States can become parties to such Conventions. 

Therefore,  the  EU  institutions  and  Member  states  must  take  the  necessary  measures  to 
cooperate in ratifying the Convention and in implementing commitments resulting from it18. 

Since 2005, the Council has authorised the Member States to ratify, in the interest of the EU, 
five  ILO  Conventions  and  one  ILO  Protocol,  parts  of  which  fell  within  areas  of  EU 
competence.19 

The substantive provisions of the Convention do not cause concern in the light of the existing 
acquis. In line with Article 19(8) of the ILO Constitution, the Convention sets out minimum 
standards.  This  means  that  EU  law  can  be  more  stringent  than  the  Convention’s  provisions 
and vice versa20. 

The  proposed  Council  Decision  will  therefore  authorise  the  Member  States  to  ratify,  in  the 
interest of the EU, those parts of the Convention that fall within areas of EU competence, and 
recommend them to make efforts to do so by the end of 2022.  

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20 

AETR judgment of the ECJ, case 22/70 of 31 March 1971, ECR, 1971, 263. 
Opinion 2/91 of the ECJ of 19 March 1993, ECR 1993-I, page 1061 on the ILO Chemicals Convention 
No.170. 
ILO Constitution, Art 1.2. 
Opinion 2/91 of the ECJ (ibid), para. 36, 37 and 38. 
Council Decision of 14 April 2005 authorising Member States to ratify, in the interest of the European 
Community,  the  Seafarers’  Identity  Documents  Convention  of  the  International  Labour  Organization 
(Convention no 185), OJ L 136/1 of 30.5.2005; Council Decision of 7 June 2007 authorising Member 
States to ratify, in the interest of the European Community, the Maritime Labour Convention, 2006, of 
the  International  Labour  Organization,  OJ  L  161/63  of  22.6.2007; Council  Decision  of  7  June  2010 
authorising  Member  States  to  ratify,  in  the  interest  of  the  European  Union,  the  Work  in  Fishing 
Convention,  2007,  of  the  International  Labour  Organization  (Convention  No  188),  OJ  145/12  of 
11.6.2010; Council Decision of 28 January 2014 authorising Member States to  ratify, in the interest of 
the European Union, the Convention concerning Safety in the Use of Chemicals at Work, 1990, of the 
International Labour Organization (Convention No 170) (2014/52/EU); Council Decision of 28 January 
2014  authorising  Member  States  to  ratify,  in  the  interest  of  the  European  Union,  the  Convention 
concerning  decent  work  for  domestic  workers,  2011,  of  the  International  Labour  Organization 
(Convention  No  189)  (2014/51/EU);  Council  Decision  (EU)  2015/2071  of  10  November  2015 
authorising  EU  countries  to  ratify,  in  the  interest  of  the  European  Union,  the  Protocol of  2014  to  the 
Forced  Labour  Convention  (1930),  as  regards  Article  1  to  4  of  the  Protocol  with  regard  to  matters 
relating  to  judicial  cooperation  in  criminal  matters,  OJ  L.301  of  18.11.2015;  Council  Decision  (EU) 
2015/2037  of  10  November  2015  authorising  EU  countries  to  ratify,  in  the  interest  of  the  European 
Union, the Protocol of 2014 to the Forced Labour Convention (1930), with regard to matters relating to 
social policy, OJ L.298 of 14.11.2015. 
Opinion 2/91 of the ECJ (ibid), para 18. 

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5. 

5.1 

LEGAL BASIS 

Procedural legal basis 

Article  218(6)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  applies 
regardless  of  whether  the  Union  is  a  member  of  the  organisation,  which  adopted  the 
international agreement21. 

5.2 

Substantive legal basis 

5.2.1 

Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(6)  TFEU  depends  primarily  on 
the objective and content of the international agreement in respect of which the ratification is 
made in the Union’s interest. If the agreement pursues two aims or has two components and if 
one of those aims or components is identifiable as the main one, whereas the other is merely 
incidental, the decision under Article 218(6) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. With regard 
to  an  agreement  that  simultaneously  pursues  a  number  of  objectives,  or  that  has  several 
components,  which  are  inseparably  linked  without  one  being  incidental  to  the  other,  the 
substantive  legal  basis  of  a  decision  under  Article  218(6)  TFEU  will  have  to  include, 
exceptionally, the various corresponding legal bases. 

5.2.2 Application to the present case (see also details of Union law currently under 2) 

While  the  Convention  also  contains  elements  relating  to  non-discrimination,  judicial 
cooperation  and  victims’  rights,  the  main  objective  and  content  of  the  Convention  relate  to 
social policy, in particular as regards the improvement of the working environment to protect 
workers’ health and safety  (Article 153(1)(a) TFEU) and equality between men and women 
with regard to labour market opportunities and treatment at work (Article 153(1)(i) TFEU), in 
the  fields  of  which  Directives  have  been  adopted  under  Article  153(2)  TFEU,  as  well  as 
regards the application of the principle of equal opportunities and equal treatment of men and 
women in matters of employment and occupation under Article 157 (3) TFEU. 

The aim and content of the Convention relate to the fight against discrimination under Article 
19 in an ancillary manner. 

Therefore,  the  substantive  legal  basis  of  the  proposed  decision  is  Article  153(2)  TFEU  in 
conjunction with Article 153(1)(a), Article 153(1)(i) and Article 157 (3) TFEU.  

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CONCLUSION 

The  legal  basis  of  the  proposed  decision  should  be  Article  153(2)  TFEU,  Article  153(1)(a), 
Article  153(1)(i)  TFEU  and  Article  157  (3)  TFEU,  which  provide  the  main  legal  basis  for 
Union  law  related  to  health  and  safety  at  work  and  equality  between  men  and  women  in 
employment and occupation in conjunction with Article 218(6) TFEU. 

21 

Opinion  2/91  of  the  ECJ  (ibid)  on  the  Chemicals  Convention  No.170  and  Judgment  of  the  Court  of 
Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraph 64.  

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2020/0011 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorising Member States to ratify, in the interest of the European Union, the Violence 
and Harassment Convention, 2019 (No. 190) of the International Labour Organization 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article  153  (2)  in  conjunction  with  points (a)  and  (i)  of  Article  153  (1),  Article  157(3)  and 
218(6) (a) (v) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

22 

23 

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”). 

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. 

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  occupation22.  Some  provisions  of  the  Convention  are 
covered by the Union acquis in the field of non-discrimination23. 

Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the 
safety and health of workers at work (89/391/EEC), OJ L 183, 29.6.1989, p. 1–8; Directive 2006/54/EC 
of 5 July 2006 of the European Parliament and of the Council on the implementation of the principle of 
equal opportunities and equal treatment of men and women in matters of employment and occupation 
(recast) OJ L 204, 26.7.2006, p. 23-36; as well as Council Directive 2004/113/EC of 13 December 2004 
implementing the principle of equal treatment between men and women in the access to and supply of 
goods  and  services  OJ  L  373,  21.12.2004,  p.  37–43,  and  Directive  2010/41/EU  of  the  European 
Parliament  and  of  the  Council  of  7  July  2010  on  the  application  of  the  principle  of  equal  treatment 
between  men  and  women  engaged  in  an  activity  in  a  self-employed  capacity  and  repealing  Council 
Directive 86/613/EEC, OJ L 180, 15.7.2010, p. 1–6. 
Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal 
treatment  in  employment  and  occupation,  OJ  L  303,  02/12/2000  p.  16–22;  Council  Directive 
2000/43/EC  of  29  June  2000  implementing  the  principle  of  equal  treatment  between  persons 
irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22-26. 

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(4) 

(5) 

(6) 

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 institutions24. 

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

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,

HAS ADOPTED THIS DECISION: 

Article 1 

Member States are authorised to ratify, for the parts falling under the competence conferred 
upon the European Union in Article 153 (2), 153 (1) (a) and (i) as well as 157 (3) TFEU, the 
Violence  and  Harassment  Convention,  2019  (No.190)  of 
the  International  Labour 
Organization. 

Member States should take the necessary steps to deposit  their instruments of ratification of 
the  Convention  with  the  Director-General  of  the  International  Labour  Office  as  soon  as 
possible, preferably by 31 December 2022. 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 3 

For the Council 
The President 

24 

Opinion 2/91 of the European Court of Justice of 19 March 1993, ECR 1993-I, page 1061, para.26. 

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