International legal foundations for the social protection of critical infrastructure workers

The article examines the international legal foundations of social protection for critical infrastructure workers in Ukraine. It argues that the legal regime applicable to this category of workers should take account of the importance of critical infrastructure, the particular nature of work in this sphere, the occupational and social risks involved, and the need to balance workers’ interest in social protection against the public interest in the uninterrupted provision of vital services. Particular attention is paid to international human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the Revised European Social Charter. These instruments establish minimum standards concerning social security, just and favourable conditions of work, safe and healthy working conditions, health protection, and social assistance. The article shows that these standards preclude the maintenance of critical infrastructure through unjustified restrictions on workers’ social rights, particularly during full-scale war, emergency operating conditions, and mass attacks on facilities. The article also analyses the significance of International Labour Organization instruments, particularly Conventions Nos 102, 155, and 161. These instruments give specific content to social guarantees through requirements concerning social security, occupational safety and health, the prevention of occupational risks, medical surveillance, and occupational health services. The article emphasises that prevention must take priority over subsequent compensation for harm. The article concludes that international and regional standards do not themselves establish a distinct model of social protection for critical infrastructure workers. They nevertheless define the minimum threshold of state obligations and should serve as a normative benchmark for the development of Ukrainian legislation.