A/HRC/31/32
education, the specific right to technical and vocational education and guidance and the
right to work, as one of the functions of education is preparation for professional life. 55 On
the other hand, the State duty to protect children entails protection against all forms of
labour and exploitation or violence that could interfere in their education, development and
health, which involves minimum age requirements for entry into the labour market and the
appropriate regulation of hours and conditions of employment. 56
39.
ILO considers the abolition of child labour as one of the four fundamental rights and
principles at work that are considered mandatory for all States members of the
organization.57 There is a strong association between child labour, poverty and the violation
of other human rights, since working during childhood may be detrimental to the
development of the child. In 2010, 215 million children were still engaged in unlawful,
mostly unpaid, hazardous, compulsory labour or in the informal economy. 58 According to
article 2 (3) of the Minimum Age Convention, 1973 (No. 138), the minimum age of
employment shall not be less than the age of completion of compulsory schooling. 59 The
State should ensure effective access to education and vocational programmes at least up to
that minimum age for all children.60
7.
Protection against unemployment
40.
While the right to work is interdependent with and indivisible from all other human
rights, it is important to underscore the particular complementarity of State obligations
regarding the rights to work and to social security. As noted above, the right to work does
not entail an absolute and unconditional right to obtain employment. This constitutes a
recognition that, while States have a duty to adopt proactive employment policies, the
provision of employment for each individual may be beyond their control. Thus, the
positive obligation to take steps to promote an economic environment conducive to the
creation of jobs should be seen as an obligation of conduct, rather than as an obligation of
result.61
41.
However, while unemployment and underemployment rates are a function of
multiple causes and may not be directly attributable to the State, the failure to fulfil the
right to work invokes more exacting obligations in relation to the right to social security.
Indeed, the Committee on Economic, Social and Cultural Rights has recognized that the
right to social security includes both contributory and non-contributory schemes62 and has
identified — in line with Convention No. 102 — unemployment as a contingency that
should be covered by social security: “In addition to promoting full, productive and freely
chosen employment, States parties must endeavour to provide benefits to cover the loss or
55
56
57
58
59
60
61
62
See International Covenant on Economic, Social and Cultural Rights, art. 13, especially 13 (2) (b);
Convention on the Rights of the Child, art. 28 (1) (d).
See Convention on the Rights of the Child, art. 32 (2) (b) and, generally, arts. 32-36.
See ILO Declaration on Fundamental Principles and Rights at Work; Minimum Age Convention,
1973 (No. 138); and Recommendation (No. 146); Worst Forms of Child Labour Convention, 1999
(No. 182) and Recommendation (No. 190); and ILO, General Survey (2012), Part IV.
ILO, General Survey (2012), Part IV, para. 328.
The Committee on Economic, Social and Cultural Rights has expressed concern about mismatches
between the minimum age to work and the period of compulsory education. See concluding
observations on Mexico (E/C.12/MEX/CO/4), Cameroon (E/C.12/CMR/CO/2-3) and Rwanda
(E/C.12/RWA/CO/2-4).
See Convention No. 138, art. 8.
See, for example, ILO Employment Promotion and Protection against Unemployment Convention,
1988 (No. 168), art.7: “Each Member shall declare as a priority objective a policy designed to
promote full, productive and freely chosen employment by all appropriate means, including social
security.”
General comment No. 19 (2007) on the right to social security, para. 4.
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