Rights We Score

Physical Integrity Rights

Empowerment Rights and Freedoms

Workers’ Rights

Justice Rights

Physical Integrity Rights

Extrajudicial Killings

About This Right:

Extrajudicial killings are killings committed by government officials without due process of law, including murders by private groups if instigated by the government.

This may include: deaths resulting from torture, military hazing, and killings explicitly referred to as “political” in US State Department reports. Killings that take place outside of immediate defense or due process of law, even if the victims are labeled as terrorists or insurgents, still count as extrajudicial killings. While they may be the result of different motives, both extrajudicial killings and political killings are to be treated identically for the purposes of scoring.

Exceptions include combat deaths and deaths as a result of legally sanctioned capital punishment such as the death penalty.

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Article 6.

Examples for Each Score:

TWO (2): Luxembourg, 2020; There were no reports that the government or its agents committed arbitrary or unlawful killings. The Police General Inspection in collaboration with the judiciary investigates law enforcement killings and pursues prosecution if necessary. 

ONE (1): Nigeria, 2020; There were reports that the government or its agents committed arbitrary, unlawful, or extrajudicial killings, only some of which were properly investigated and the perpetrators held accountable.

ZERO (0): Bangladesh, 2020; Domestic human rights organization Ain o Salish Kendra (ASK) reported 196 incidents of alleged extrajudicial killings between January and July 28. Human rights organizations and civil society expressed concern over the alleged extrajudicial killings and arrests, claiming many of the victims were innocent.

Disappearance

About This Right:

Disappearances are cases in which people have disappeared, governments are responsible, and political motivation is present. Disappearances occur because of a victim’s political involvement or knowledge of information that should be classified to the government. In many instances, victims are taken under false pretense, such as having been taken away for questioning due to suspicion of some political action that is in opposition to the government. 

Grounding In International Law:

This right is found in International Covenant on Civil and Political Rights, Part III, Articles 9, 10, 14, 16, and 17.

Examples for Each Score:

(2): Albania, 2020; There were no reports of disappearances for this year.

(1): Tajikistan, 2020; The government took no action during the year in response to the preliminary findings of the UN Working Group on Enforced or Involuntary Disappearances, which visited the country in 2019 for a general inspection, which noted “little interest” on the part of the government in addressing violations.

(0): Nicaragua, 2020; Armed parapolice forces arbitrarily detained opposition activists and often held them in makeshift facilities without allowing them to inform family members or seek legal counsel. The government made no efforts to prevent, investigate, or punish such acts.

Torture

About This Right:

Torture refers to the purposeful inflicting of extreme pain–whether mental or physical–by government officials, or by private individuals at the instigation of government officials. This includes the use of physical and other force by police and prison guards – including rape and beatings – as well as deaths in custody due to tangible negligence by government officials. 

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Article 7.

Examples for Each Score:

TWO (2): Micronesia, 2020: The constitution prohibits such practices and there were no reports that government officials employed them.

ONE (1): Cyprus, 2020; There were reports that police at times engaged in abusive tactics and degrading treatment, sometimes to enforce measures adopted by the government to mitigate the spread of COVID-19. Members of ethnic and racial minorities were more likely to be subjected to such treatment.

ZERO (0): Yemen, 2020; Although the law lacks a comprehensive definition of torture, there are provisions allowing prison terms of up to 10 years for acts of torture. However, the UN and human rights organizations continued to report that torture and other forms of mistreatment were common in ROYG-, Houthi-, and Emirati-controlled detention facilities.

Political Imprisonment

About This Right:

Political imprisonment refers to the incarceration of people by government officials because of their speech; their non-violent opposition to government policies or leaders; their religious beliefs; their non-violent religious practices including proselytizing; or their membership in a group, including an ethnic or racial group.

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Articles 18, 19, 21, and 22.

Examples for Each Score:

TWO (2): Jamaica, 2020: There were no reports of political prisoners or detainees.

ONE (1): Thailand, 2020; The Department of Corrections reported approximately 23 persons were awaiting trial or imprisoned under lese majeste laws that outlaw criticism of the monarchy. Human rights groups claimed the prosecutions and convictions of several lese majeste offenders were politically motivated.

ZERO (0): India, 2020; NGOs reported the central government held political prisoners and temporarily detained individuals in Jammu and Kashmir under the PSA.

Brutality-Based Mass Atrocity

About This Right:

The widespread, direct, extrajudicial killing of non-combatant members of society by the state (or by non-state organizations working in concert with the state) resulting in fifty or more deaths in an annual period and accompanied by the widespread use of at least one other type of state brutality. This score is based on the scores a country receives for the other Physical Integrity Rights.

Empowerment Rights and Freedoms

Freedom of Speech and Press

About This Right:

This variable indicates the extent to which freedoms of speech and press are affected by government censorship, including ownership of media outlets. Censorship is any form of restriction that is placed on freedom of the press, speech or expression. In many instances where this right is being violated, the government owns and operates all forms of press and media.

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Article 19.

Examples for Each Score:

TWO (2): Central African Republic, 2020: The constitution and law provide for freedom of expression and the press. In areas controlled by armed groups, freedom of expression, however, was inhibited due to the risk of retaliation by armed groups.

ONE (1): Australia, 2020: Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a limited right to freedom of political expression.

ZERO (0): United Arab Emirates, 2020: While the constitution provides for freedom of speech and of the press, the law prohibits criticism of national rulers and speech that may create or encourage social unrest.

Freedom of Religion

About This Right:

Freedom of religion is the extent to which citizens are able to exercise and practice their religious beliefs without being subject to governmental restrictions. Citizens of whatever religious belief should be able to worship free from government interference. Additionally, citizens should be able to hold no religion at all.

Some examples of restrictions to freedom of religion include: prohibiting proselytizing, forced conversions, restrictions on access to places of worship, and restrictions on types of religious education offered in public schools.

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Article 18.

Examples for Each Score:

TWO (2): Benin, 2020: The constitution establishes a secular state and provides for freedom of religious thought, expression, and practice. Police only interfered in religious practices when there was a “disruption of public order.”

ONE (1): France, 2020; The constitution and the law protect the right of individuals to choose, change, and practice religion. However, laws were taken up in parliament that resulted in the closure of mosques accused of radical Islamic extremism, which the President said undermined French values.

ZERO (0): Tunisia, 2020; The constitution declares the country’s religion to be Islam. The government may initiate administrative and legal procedures to remove imams whom authorities determine to be preaching “divisive” theology. Christian citizens stated the government did not fully recognize their rights, particularly as they pertain to the establishment of a legal entity or association that would grant them the ability to establish an Arabic-language church or a cemetery.

Freedom of Domestic Movement

About This Right:

Freedom of domestic movement is the freedom to travel within one’s country, regardless of political views or activities, religious beliefs, ethnicity, marital status, and/or gender. Some countries strictly monitor all or nearly all citizens’ internal movements, require citizens to notify local officials of their whereabouts or must get their permission to move, or require citizens to carry paperwork such as national ID cards to move within the country.

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Article 12.

Examples for Each Score:

TWO (2): Jordan, 2020; The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, although there were some restrictions due to COVID-19 outbreak. There were continued reports of forced refugee relocations to Azraq refugee camp, including many to Azraq’s restricted Village 5, as an alternative to deportation for offenses by Syrian refugees.

ONE (1): Cyprus, 2019; The law provides for freedom of internal movement within government-controlled areas, foreign travel, emigration, and repatriation, and the government generally respected these rights. Authorities at ports of entry denied admission to tourists who listed hotels in the area administered by Turkish Cypriots as their intended place of residence during their visit. Local media reported police officers at the crossing points occasionally harassed Greek Cypriots returning from the area under Turkish Cypriot administration.

ZERO (0): Nepal, 2020; The government has not issued personal identification documents to Tibetan refugees in more than 20 years, leaving the majority of this refugee population without required documents to present at police checkpoints or during police stops. Some refugees reported being harassed or turned back by police at checkpoints.

Freedom of Foreign Movement and Travel

About This Right:

Freedom of foreign movement is the freedom to leave and return to one’s country. There are countries that do not allow citizens to leave at all, or if they do leave, may risk losing their property or other assets. Some citizens, once they have left their country, and not allowed to return.

Some governments place restrictions of foreign movement only on certain groups of people such as opposition political leaders, ethnic minorities, religious leaders, women, human rights activists or monitors, and journalists.

Grounding in International Law:

International Covenant on Civil and Political Rights, Part III, Article 12.

Examples for Each Score:

TWO (2): Brazil, 2020; The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

ONE (1): South Korea, 2020: The law provides for freedom of internal movement, foreign travel, emigration, and repatriation; the government generally respected these rights, with the exception of travel to North Korea, for which authorization is required and persons without can be punished.

ZERO (0): Turkey, 2020: The constitution provides these rights but in practice the government limits its citizens’ ability to travel to foreign countries, including those with suspected ties to opposition political movements.

Freedom of Assembly and Association

About This Right:

The right to freedom of assembly and association is the right of citizens to assemble freely and to associate with other persons in political parties, trade unions, cultural organizations, or other groups without governmental limitations and restrictions. This includes prohibiting the existence of political associations or parties, compelling citizens to join government-backed organizations or official political parties, and harassment by government agents in retaliation for exercising this right.

Grounding In International Law:

International Covenant on Civil and Political Rights, Part III, Article 22.

Examples for Each Score:

TWO (2): Netherlands, 2020: The laws in the kingdom provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

ONE (1): Poland, 2020: The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. During the COVID-19 pandemic, restrictions on the right to assemble were observed, including police use of tear-gas and the government punishing protestors.

ZERO (0): Vietnam, 2020: The government restricted the freedoms of peaceful assembly and association, including but not limited to: requiring and denying permits to assemble, not allowing demonstrations perceived as political, and the police routinely acted against activists at protests.

Electoral Self-Determination

About This Right:

The right of citizens to freely determine their own political system and leadership is known as the right to self-determination. Enjoyment of this right means that citizens have both the legal right and the ability in practice to change the laws and officials that govern them through periodic, free, and fair elections held on the basis of universal adult suffrage.

Grounding in International Law:

Universal Declaration of Human Rights, Article 21. International Covenant on Civil and Political Rights, Article 1. International Covenant on Economic, Social and Cultural Rights, Article 1.

Examples for Each Score:

TWO (2): Tuvalu, 2020: Tuvalu has legal frameworks protecting the right to electoral self-determination and they hold free and fair elections utilizing secret ballot and universal suffrage procedures.

ONE (1): Seychelles, 2020: Independent election observers determined the elections were free, credible, and transparent in spite of some reports of bribery and voter intimidation. This marked the first peaceful transfer of power between parties in Seychelles history.

ZERO (0): Laos, 2020; The law denies citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage, and it did not provide for the free expression of the will of the people. Although the constitution outlines a system comprising executive, legislative, and judicial branches, the LPRP controlled governance and leadership at all levels through its constitutionally designated leading role.

Women’s Political Rights

About This Right:

Women’s political rights include the rights to: vote; run for political office; hold elected and appointed government positions; to join political parties; and, to petition government officials.

Grounding In International Law: International Covenant on Civil and Political Rights: Part II, Articles 2 and 3. Convention on the Elimination of All Forms of Discrimination Against Women: Part I, Articles 1 and 3; Part II, Articles 7 and 8.

Examples for Each Score:

THREE (3): Australia, 2020; The constitution and law provide citizens the ability to change their government through free and fair periodic elections and no laws prohibit the participation of women in the political process.

TWO (2): Central African Republic, 2020; No laws limit participation of women or members of minority groups in the political process. Five of the 39 cabinet members were women and there were 11 women among the 140 members of parliament. Some observers believed traditional attitudes and cultural practices limited the ability of women to participate in political life on the same basis as men.

ONE (1): Haiti, 2019; No laws limit the participation of women or members of minorities in the political process, but social norms and the threat of electoral violence discouraged women from voting and, to a much greater extent, from running for office. The constitution requires that at least 30 percent of elected officials be women, but both chambers of Parliament fell well short of this quota.

ZERO (0): Iran, 2019; Women faced significant legal, religious, and cultural barriers to political participation. According to the Guardian Council’s interpretation, the constitution bars women, as well as persons of foreign origin, from serving as supreme leader or president, as members of the Assembly of Experts, the Guardian Council, or the Expediency Council, and as certain types of judges.

Women’s Social Rights

About This Right:

Women’s social rights are those that empower women to participate in society on equal terms with men. This includes the right to obtain a passport and travel abroad, the right to enter a marriage on a basis of equality with men, the right to confer citizenship to a child or spouse, the right to an education, the right to obtain and manage property, as well as many other rights.

Grounding In International Law: International Covenant on Civil and Political Rights: Part I, Article 1; Part III Articles 23 and 24. International Covenant on Economic, Social and Cultural Rights: Part III, Articles 10, 12, 13, and 15. Convention on the Elimination of All Forms of Discrimination Against Women (particularly Part II, Article 9, Part III, Articles 10, 12, 13, 14, 15, and 16).

Examples for Each Score:

THREE (3): Finland, 2020; The law provides for the same legal status and rights for women as for men. The government enforced the law effectively. The ombudsman for equality at the Ministry of Justice highlighted problems with workplace discrimination against pregnant women.

TWO (2): Colombia, 2020; Violence against women, as well as impunity for perpetrators, continued to be a problem. Although women have the same legal rights as men, discrimination against women persisted. The Office of the Advisor for the Equality of Women has primary responsibility for combating discrimination against women, but advocacy groups reported that the office remained seriously underfunded.

ONE (1): Algeria, 2020; Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition some religious elements advocated restrictions on women’s behavior, including marrying non-Muslims. Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers.

ZERO (0): Romania, 2019; Under the law women and men enjoy equal rights; however, women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. Violence against women, including spousal abuse, continued to be a serious problem that the government did not effectively address and there are reports of police condoning violence against women and girls.

Women’s Economic Rights

About This Right:

Women’s economic rights measures how meaningfully women are allowed to participate in a state’s economy. This includes the right to freely choose a profession and receive equal pay for equal work, equality in hiring and promotion practices, non-discrimination by employers, as well as many other rights.

Grounding In International Law: International Covenant on Civil and Political Rights: Part I, Article 1; Part III Article 22. International Covenant on Economic, Social and Cultural Rights: Part III, Article 7, 8. Convention on the Elimination of All Forms of Discrimination Against Women (particularly Part II, Articles 10, 11).

Examples for Each Score:

THREE(3): Greece, 2019; The constitution provides for the same legal status between women and men. The government effectively enforced the laws promoting gender equality, although discrimination occurred, especially in the private business sector.

TWO (2): Italy, 2019; The law prohibits discrimination with respect to employment and occupation, but discrimination based on gender and other factors still occurred.

ONE (1): China, 2019; The law provides some basis for legal protection against employment discrimination on the grounds of gender but the government did not effectively implement the laws and workplace discrimination against women was common during the year.

ZERO (0): Pakistan, 2019; The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. The law entitles female children to one half the inheritance of male children. Wives inherit one eighth of their husbands’ estates. Women often received far less than their legal entitlement.

The Rights of Indigenous Peoples

About This Right:

Indigenous person’s rights examines a state’s level of respect for the autonomy of indigenous persons, their access to adequate government services, and their authority to make decisions concerning their traditional land and cultural practices without government interference. The rights of Indigenous persons are measured with multiple variables. This right is currently under development.

Grounding in International Law: United Nations Declaration on Rights of Indigenous Peoples (2007).

Workers’ Rights

Right to Form Worker Unions

About This Right:

This right includes the right of workers and employers to establish and join organizations of their choosing without previous government authorization. Neither the government nor the employer should interfere with the formation of a trade union organization, and worker unions should be protected against anti-union discrimination, both in law and practice.

Grounding in International Law: C087 – Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); C098 – Right to Organize and Collective Bargaining Convention, 1949 (No. 98); C141 – Rural Workers’ Organizations Convention, 1975 (No. 141); R149 – Rural Workers’ Organizations Recommendation, 1975 (No. 149); C135 – Workers’ Representatives Convention, 1971 (No. 135)

Examples for Each Score:

TWO (2): Albania, 2019: Law – 2, Practice – 1; The law and related regulations and statutes provide the right for most workers to form independent unions, conduct legal strikes, and bargain collectively. In practice, labor unions were generally weak and politicized.

ONE (1): Bolivia, 2019: Law – 1, Practice – 1; The law, including related regulations and statutory instruments, provides for the freedom of association, the right to organize and bargain collectively, and the right to strike. The ineffectiveness of labor courts and the lengthy time to resolve cases and complaints limited freedom of association

ZERO (0): Belarus, 2019; Law – 0, Practice – 0; Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against anti-union discrimination.

Right to Bargain Collectively

About This Right:

This right includes the right of workers to be represented in negotiating the prevention and settlement of disputes with employers, including the right to strike for at least 90 days without being replaced by their employer. Trade unions must be able to bargain collectively to regulate the terms and conditions of employment and other matters affecting the livelihood of workers. 

Grounding in International Law: C098 – Right to Organize and Collective Bargaining Convention, 1949 (No. 98); C135 – Workers’ Representatives Convention, 1971 (No. 135); R143 – Workers’ Representatives Recommendation, 1971 (No. 143); C151 – Labor Relations (Public Service) Convention, 1978 (No. 151); R159 – Labor Relations (Public Service) Recommendation, 1978 (No. 159); C154 – Collective Bargaining Convention, 1981 (No. 154); R163 – Collective Bargaining Recommendation, 1981 (No. 163); R091 – Collective Agreements Recommendation, 1951 (No. 91); R113 – Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113)

Examples for Each Score:

TWO (2): South Africa, 2019; The law protects workers’ rights to collective bargaining and the government respected the right to collective bargaining. Labor courts and labor appeals courts effectively enforced the right to collective bargaining, and penalties were sufficient to deter violations.

ONE (1): Dominica, 2019; The government and employers generally respected freedom of association and the right to collective bargaining. The government generally enforced applicable laws, and penalties generally were sufficient to deter violations. The International Labor Organization noted the list of essential services is broader than international standards.

ZERO (0): Egypt, 2019; While the law provides for collective bargaining, it imposes significant restrictions. The law does not provide for enterprise-level collective bargaining in the private sector and requires centralized tripartite negotiations that include workers, represented by a union affiliated with the Egyptian Trade Union Federation (ETUF), business owners, and the Ministry of Manpower overseeing and monitoring negotiations and agreements

Freedom From Forced or Compulsory Labor

About This Right:

This is defined as work or service exacted from any person under the threat of penalty and for which the person has not volunteered. This includes using forced labor as a means of political coercion or a punishment for holding opposing political, social or cultural views.

Grounding in International Law: C029 – Forced Labor Convention, 1930 (No. 29); P029 – Protocol of 2014 to the Forced Labor Convention, 1930; C105 – Abolition of Forced Labour Convention, 1957 (No. 105); R035 – Forced Labor (Indirect Compulsion) Recommendation, 1930 (No. 35); R203 – Forced Labor (Supplementary Measures) Recommendation, 2014 (No. 203); C106 – Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106); R103 – Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103); C175 – Part-Time Work Convention, 1994 (No. 175); R182 – Part-Time Work Recommendation, 1994 (No. 182); R116 – Reduction of Hours of Work Recommendation, 1962 (No. 116); R091 – Collective Agreements Recommendation, 1951 (No. 91); R113 – Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113)

Examples for Each Score:

TWO (2): Barbados, 2019; The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws, which was sufficient to deter violations.

ONE (1): Comoros, 2019; The law prohibits all forms of forced or compulsory labor, with certain exceptions for military service, community service, and during accidents, fires, and disasters. However, the government did not entirely enforce this. Resources and inspections were inadequate and penalties were not sufficient to deter violations.

ZERO (0): Kenya, 2019; The government did not effectively enforce the law, and forced labor occurred, including forced child labor. Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not sufficient to deter violations. 

Children’s Rights

About This Right:

These rights aim to abolish the exploitation of children in the workforce by raising the minimum age for employment and setting safety regulations to ensure the proper development of children’s physical and mental capabilities.

Grounding in International Law: U.N. Minimum Age Convention; I.L.O. Worst Forms of Child Labour Convention; I.L.O. Medical Examination of Young Persons Conventions; I.L.O. Standards pertaining to childrens’ occupational safety, hours of work, and prohibition of work in certain industries.

Examples for Each Score:

TWO (2): Andorra, 2019; Andorra prohibits child labor for all persons under the age of 14 and has limitations on working hours for children over 14. All children are prohibited from working overtime, working overnight, or working in dangerous occupations, most notably construction. The government effectively enforced the law and penalties were sufficient to deter violations.

ONE (1): Iceland, 2019; Iceland prohibits child labor for all persons under the age of 12 and has limitations on working hours for children over 12. Children cannot work in occupations that could harm their health, are beyond their physical and mental capacity, or where there is a risk of violence or other harms unless working with adults. The government effectively enforced the law and penalties were sufficient to deter violations.

ZERO (0): Guyana, 2019; Guyana prohibits child labor for children under 15, with some exceptions for technical school children and family businesses, and children were allowed to operate dangerous equipment and risk exposure to mercury. The law does not explicitly prohibit children from participating in drug trafficking or drug production. There were some reports of forced child labor and child sex work. The government did not effectively enforce the law as penalties were insufficient to deter violations and rarely prosecuted employers for violating child labor laws.

Right to a Minimum Wage

About This Right:

The right to a sufficient minimum wage is the legal requirement that employers provide a minimum hourly wage for workers, with the objective of providing a decent standard of living for workers and their families.

Grounding in International Law: R084 – Labor Clauses (Public Contracts) Recommendation, 1949; C095 – Protection of Wages Convention, 1949; C173 – Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992; R180 – Protection of Workers’ Claims (Employer’s Insolvency) Recommendation, 1992; C131 – Minimum Wage Fixing Convention, 1970; R135 – Minimum Wage Fixing Recommendation, 1970; R146 – Minimum Age Recommendation, 1973

Examples for Each Score:

TWO (2): Slovakia, 2019; The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties.

ONE (1): Bosnia & Herzegovina, 2019; Although the monthly minimum wage in both entities is above the official poverty income level, more than 30 percent of the population was exposed to the risk of income poverty. There were no official social protections for workers in the informal economy.

ZERO (0): Lebanon, 2019; The legal minimum wage was last raised in 2012 and there was no official minimum wage for domestic workers. Observers concluded that the minimum wage is lower than unofficial estimates of the poverty income level. Official contracts stipulated monthly wages for domestic workers, depending on the nationality of the worker.

Right to Occupational Safety and Health

About This Right:

Occupational health and safety rights ensure all workers have access to work in a safe and healthy workplace, including national policies to protect workers from hazardous work environments and practices.

Grounding in International Law: I.L.O. Occupational Health and Safety Convention; I.L.O. Occupational Health Services Convention; I.L.O. Standards pertaining to occupational safety, non-retribution for refusal to do dangerous work, and protections against dangerous substance exposure among others.

Examples for Each Score:

TWO (2): Saint Kitts and Nevis, 2019; The government sets occupational health and safety regulations which are outdated but sufficient for the country’s main industries. Workers were free to remove themselves from hazardous occupational situations without fear for their employment, and the government effectively protected workers who did this. Penalties were sufficient to deter violations and the government effectively enforced the law.

ONE (1): Kosovo, 2019; Kosovo has laws that set occupational health and safety regulations, but public and private employers do not abide by these regulations. The Ministry of Labor Inspectors did not have the resources or capacity to effectively enforce labor laws. The government did not adequately enforce labor regulations and fines were insufficient to deter violations.

ZERO (0): Nauru, 2019; Nauru has set some health and safety regulations, but they do not have the force of law. The law does not afford workers freedom to remove themselves from hazardous occupational situations without fear for their employment. There are some labor laws for the public sector that allow the Department of Human Resources and Labor to inspect a workplace at any time, but these laws enable authorities to charge employers for contract violations, not health and safety violations.

Reasonable Limitation on Working Hours

About This Right:

This is a regulation upon employers that the number of working hours required of employees per week be limited. This includes reasonable limits to the amount of hours allowed to work per day as well as hours allowed to work per week without a period of rest.

Grounding in International Law: C001 – Hours of Work (Industry) Convention, 1919 (No. 1); C014 – Weekly Rest (Industry) Convention, 1921 (No. 14); C106 – Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106); R103 – Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103); C175 – Part-Time Work Convention, 1994 (No. 175); R182 – Part-Time Work Recommendation, 1994 (No. 182); R116 – Reduction of Hours of Work Recommendation, 1962 (No. 116); R091 – Collective Agreements Recommendation, 1951 (No. 91); R113 – Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113)

Examples for Each Score:

TWO (2): Bahamas, 2019; The law provides for a 40-hour workweek, a 24-hour rest period, and time-and-a-half payment for hours worked beyond the standard workweek. The law stipulates paid annual holidays and prohibits compulsory overtime.

ONE (1): Estonia, 2019; The standard workweek is 40 hours. The law requires a rest period of at least 11 hours in sequence for every 24-hour period. The government effectively enforced these requirements. There is no prohibition against excessive compulsory overtime.

ZERO (0): Cambodia, 2019; The law provides for a standard legal work week of 48 hours, not to exceed eight hours per day, but the government did not effectively enforce the law. The government enforced standards selectively due to poorly trained staff, lack of necessary equipment, and corruption. Workers reported overtime was often excessive and sometimes mandatory; many complained that employers forced them to work 12-hour days, although the legal limit is 10, including overtime. Workers often faced dismissal, fines, or loss of premium pay if they refused to work overtime.

Freedom From Discrimination in Hiring

About This Right:

This right includes the right of workers to be protected from employment discrimination, including discrimination based on: age, race, sex and gender, religion, health status, as well as other physical and social statuses. This right includes multiple variables measuring different forms of hiring discrimination. This right is currently under development.

Grounding in International Law: Universal Declaration of Human Rights, Article 23; From the UN International Covenant on Economic, Social and Cultural Rights, Articles 6, 7, 8

Human Trafficking

About This Right:

This refers to all acts involving the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons that occur within national or across international borders. This can result in multiple outcomes, including: slavery, forced labor, and other types of debt or bondage.

Grounding in International Law: United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocols). United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air. United Nations Convention against Transnational Organized Crime. Many conventions in the International Labor Organization, which pertains to workers’ rights in general.

Examples for Each Score:

TWO (2): New Zealand, 2019; Human trafficking is criminalized by law. The government “maintained efforts to prevent trafficking,” which included the country’s immigration agency working with NGOs, businesses, and other groups to focus on anti-trafficking efforts and provided opportunities for victims to get assistance and restitution.

ONE (1): Chile, 2019; Though Chile has laws prohibiting trafficking, they are not always enforced or enforced properly. The vast majority of convicted traffickers received only probation and no time in prison due to courts issuing lenient sentences.

ZERO (0): Libya, 2019; While there are some forms of sex trafficking that are criminalized (though not in ways consistent with international law), labor trafficking is not. Punishments for sex trafficking and slavery are both on par with penalties for other serious crimes. There were continued reports that government officials, private employers, criminal networks, and militia groups exploited “migrants, refugees, and asylum seekers in sex and labor trafficking.”

Justice Rights

Right to a Fair Trial

About This Right: 

The right to a fair trial refers to everyone charged with a penal offense having the right to be presumed innocent until proven guilty according to the law in a public trial at which they are guaranteed defense.

Grounding In International Law: The Universal Declaration of Human Rights, Articles 10 and 11. International Covenant on Civil and Political Rights, Article 14.

Examples for Each Score:

THREE (3): Tonga, 2019; The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Although unavailability of judges, witnesses, or lawyers could delay cases, legal authorities processed most cases without undue delay.

TWO (2): Saint Lucia, 2019; Defendants enjoy the right to a fair and public trial without delay. They have the right to be present at their own trial, communicate with an attorney, and have adequate time and facilities to prepare a defense. However, attorneys are not provided to defendants who cannot afford them unless the charge is murder.

ONE (1): Armenia, 2019; NGOs reported judges routinely ignored defendants’ claims that their testimony was coerced through physical abuse. Human rights observers continued to report concerns regarding the courts’ reliance on evidence that defendants claimed was obtained under duress, especially when such evidence was the basis for a conviction.

ZERO (0): Zimbabwe, 2019; The constitution provides for the right to a fair and public trial, but political pressure and corruption frequently compromised this right. There were trials held without juries and little legal representation in magistrate courts.

Independence of the Judiciary

About This Right:

Independence of the judiciary indicates the extent to which the judiciary is independent of control from other sources, and includes whether or not judges are safe from removal by other governmental branches or if their actions can be challenged in the courts.

Grounding In International Law: International Covenant on Civil and Political Rights, Part III, Article 14.

Examples for Each Score:

TWO (2): Kiribati, 2019; The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Incidences of communal justice continued to decline under pressure from the codified national law.

ONE (1): Bhutan, 2020; The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. The country’s courts generally function effectively, although Freedom House in its Freedom in the World 2020 report assessed the rulings of judges “often lacked consistency.”

ZERO (0): Guatemala, 2020; The law provides for an independent judiciary. The judicial system generally failed to provide fair or timely trials due to inefficiency, corruption, and intimidation of judges, prosecutors, and witnesses. Judges, prosecutors, plaintiffs, and witnesses continued to report threats, intimidation, and surveillance, most often from drug trafficking organizations.

Human Rights NGO Freedom

About This Right:

This variable indicates the extent to which human rights NGOs are affected by government censorship, violence, coercion, intimidation, and institutional barriers to operation. Human rights NGOs should be able to operate within a country, to investigate human rights violations and publicize those violations, and to operate without being targeted by the state or its affiliates for retaliation. Where human rights NGOs and defenders are targeted there should be government remediation.  

Grounding in International Law: The Declaration on Human Rights Defenders, UN General Assembly, adopted 1998.

Prisoners’ Rights

About This Right:

Prisoners should be free from torture–including indefinite solitary confinement or prohibiting family contact as a disciplinary action–and discrimination. Prison conditions should respect basic human rights and promote rehabilitation of prisoners after release and reduce recidivism. Prisoner’s rights are measured with multiple variables. This variable is currently under development.