A/HRC/31/32
the development of workers’ capacities for their personal fulfilment and the common wellbeing4 and signify that work is not merely an instrument for achieving personal and
collective economic goals. Work, as a human right, is not only essential for realizing other
human rights, but is an inseparable and inherent part of human dignity.5
7.
The right to work has been recognized more broadly at the international level since
its inclusion in the Universal Declaration of Human Rights (arts. 23 and 24), the
International Covenant on Economic, Social and Cultural Rights (arts. 6, 7 and 8) and the
International Covenant on Civil and Political Rights (art. 8 (3) (a)). It is recognized in the
International Convention on the Elimination of All Forms of Racial Discrimination (arts. 5
(e) (i)), the Convention on the Elimination of All Forms of Discrimination against Women
(art. 11 (1) (a)), the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (arts. 11, 25, 26, 40, 52 and 54) and the
Convention on the Rights of Persons with Disabilities (art. 27).
8.
At the regional level, the European Social Charter of 1961 and the revised Charter of
1996 devote considerable attention to the right to work. The Charter of Fundamental Rights
of the European Union addresses the right to work in articles 15, 23, 31 and 34. It is also
the subject of article 14 of the American Declaration of the Rights and Duties of Man of the
Organization of American States (OAS); article 6 of the Additional Protocol to the
American Convention on Human Rights in the Area of Economic, Social and Cultural
Rights (Protocol of San Salvador); article 15 of the African Charter on Human and Peoples’
Rights; and article 34 of the Arab Charter on Human Rights.
9.
In fulfilment of its mandate to support the realization of the right to work, ILO has
produced a substantial body of international labour standards in this area, even if the
customary language of human rights is not always utilized.6 Of particular importance are
the Employment Policy Convention, 1964 (No. 122), the Human Resources Development
Convention, 1975 (No. 142), the Termination of Employment Convention, 1982 (No. 158),
the Employment Promotion and Protection against Unemployment Convention, 1988 (No.
168) and the Decent Work Agenda, which is organized into four major strategic objectives:
employment, social protection, social dialogue and rights at work. 7
10.
At the World Summit in 2005, States Members of the United Nations agreed to
make the goals of full and productive employment and decent work for all, including for
women and young people, a central objective of their relevant national and international
policies as well as their national development strategies.8 The recently adopted Sustainable
Development Goals include the promotion of full and productive employment and decent
work for all, with specific targets.9 At the national level, the right to work has been
recognized in many constitutions throughout the world. 10
11.
Despite this extensive normative recognition, the realization of the right to work
continues to be a challenge, particularly in the current global economic crisis. As noted by
ILO, it is necessary to “put the aim of full and productive employment and decent work at
the heart of the crisis responses”.11
4
5
6
7
8
9
10
11
ILO Declaration on Social Justice for a Fair Globalization (2008).
Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right to
work, para. 1.
International Labour Office submission, p. 1.
ILO Declaration on Social Justice for a Fair Globalization.
General Assembly resolution 60/1, para. 47.
General Assembly resolution 70/1, goal 8.
ILO, General Survey concerning employment instruments in light of the 2008 Declaration on Social
Justice for a Fair Globalization, Report III (Part 1B) (Geneva, 2010), paras. 14-18 and 29.
ILO, Recovering from the Crisis: A Global Jobs Pact (2009), para. 11.
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