A/HRC/31/32
27.
The failure to establish adequate technical and professional programmes may
constitute a violation of the right to work. Training and employment policies should be
coordinated and implemented with the participation of stakeholders, as emphasized by the
ILO Committee of Experts.38
5.
Equal access to work opportunities
28.
Equality and non-discrimination are fundamental human rights principles and they
apply to the right to work.39 Ensuring equality and non-discrimination in access to work is
crucial as the labour market reflects the social prejudices and disadvantages that undermine
equality and dignity.40 Full employment is a function of the achievement of equal access to
work opportunities and self-realization.
29.
The Committee on Economic, Social and Cultural Rights has stressed the need for
measures to combat discrimination and promote equality in relation to minorities and
disadvantaged groups, which constitute immediate obligations.41 It is the duty of States to
ensure equal access to work while respecting and providing equal conditions, removing
barriers to access and protecting workers against discrimination. Measures that could have
the effect of increasing discrimination or weakening the protection of disadvantaged groups
must be avoided. Action plans aimed at removing discrimination in access to work must be
developed in a participatory manner, with special attention given to the concerned groups in
their formulation and monitoring.42
30.
Equality and non-discrimination are among the fundamental rights of workers
identified in the ILO Declaration on Fundamental Principles and Rights at Work and the
subject of Conventions Nos. 100 and 111. Recommendation No. 169 provides that in the
context of an overall employment policy, Members should adopt measures to respond to the
needs of all categories of persons frequently having difficulties in finding lasting
employment, such as certain women, certain young workers, persons with disabilities, older
workers, the long-term unemployed and migrant workers lawfully within their territory
(para. 15).43 The general objectives of full employment should be articulated, taking into
account the needs of specific groups experiencing discrimination. While recognizing other
bases for inequality and discrimination, the following sections will focus on women,
migrants and refugees and persons with disabilities in order to illustrate the scope of the
prohibition on discrimination in access to work opportunities.
31.
The right of women to equal access to work is pivotal to the full enjoyment of all
their human rights. Violence and gender discrimination are too often present in the work
environment. Women bear a disproportionate share of the most precarious working
conditions, including little or no legal protection, lower levels of remuneration and
38
39
40
41
42
43
8
Cameroon (E/C.12/CMR/CO/2-3), the Congo (E/C.12/COG/CO/1), Egypt (E/C.12/EGY/CO/2-4), the
Republic of Moldova (E/C.12/MDA/CO/2), Romania (E/C.12/ROU/CO/3-5), Latvia
(E/C.12/LVA/CO/1), France (E/C.12/FRA/CO/3) and Afghanistan (E/C.12/AFG/CO/2-4).
See ILO, General Survey (2010). See also Convention No. 142 and Recommendation No. 195.
Bulgaria, Oman and Slovenia mention their tripartite dialogue mechanisms.
Universal Declaration, art. 2; International Covenant on Economic, Social and Cultural Rights, art. 2
(2).
Azerbaijan, Bulgaria and Serbia mention their labour legislation to combat discrimination based on
wide variety of grounds.
General comment No. 18, paras. 12-19, 23, 31 and 33.
Good practices in combating discrimination were mentioned for Brazil (E/C.12/BRA/CO/2) (sexual
orientation), Costa Rica (E/C.12/CRI/CO/4), the Dominican Republic (E/C.12/DOM/CO/3), Mexico
(E/C.12/MEX/CO/4), Nicaragua (E/C.12/NIC/CO/4), Uruguay (E/C.12/URY/CO/3-4), Algeria
(E/C.12/DZA/CO/4), Benin (E/C.12/BEN/CO/2), Ukraine (E/C.12/UKR/CO/6), Slovenia
(E/C.12/SVN/CO/2) and Liechtenstein (E/C.12/LIE/CO/1).
Bulgaria stresses its active policy of employment focused on vulnerable groups.
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