A/HRC/31/32
lack of earnings due to the inability to obtain or maintain suitable employment.”63 The
Social Protection Floors Recommendation, 2012 (No. 202) takes a similar approach by
recommending that nationally adopted social protection floors should comprise, at a
minimum, among other elements, basic income security, at least at a nationally defined
minimum level, for persons in active age who are unable to earn sufficient income, in
particular in cases of sickness, unemployment, maternity and disability (para. 5 (c)).
42.
The interdependence of the right to work and the right to social security has multiple
applications. Both Convention No. 168 and Recommendation No. 202 build on the idea that
social security should serve as a means of promoting full, productive and freely chosen
employment and support active labour market policies, requiring an active coordination of
social security benefits with other means of employment and with social policies serving
the goal of employment promotion. Conversely, the correlation between suitable
employment and freedom of choice of employment means that entitlements to
unemployment benefits and employment services cannot be made conditional on the
acceptance of any type of work. Similarly, the imposition of compulsory work requirements
as a condition for receiving unemployment benefits would not qualify as suitable
employment.
43.
The failure to ensure the full realization of the right to work for reasons beyond the
State’s control — such as financial or economic crisis or downturn — requires States to
adopt appropriate measures to promote the creation of jobs and to take steps to extend
social protection to those who are not able to obtain or maintain suitable employment. 64
Monitoring the fulfilment of the right to work through adequate indicators should, at the
same time, serve as the basis for identifying those in need for social protection purposes.
B.
Just and favourable conditions
44.
The right to work is not only the right to employment, but to work that respects the
fundamental rights of the person and worker and ensures just and favourable conditions of
work, safeguarding the fundamental political and economic freedoms of individuals
(including the freedom to organize trade unions and collective bargaining) and their
personal development and fulfilment. This implies norms giving rise to a number of duties
and entitlements, including equality in working conditions throughout the employment or
occupation relationship.65
1.
Legal protection of decent work
45.
As with all human rights, the right to work entails duties to respect, protect and
fulfil. Many of these duties require the adoption of legislative measures66 establishing
labour regulations, the protection of workers’ rights against any unfavourable balance of
power as well as institutional guarantees of inspection and implementation. 67 These
standards and institutions are usually provided for under national labour laws. Workers in
the informal economy or those on the margins of legal protection are subject to more
hardship and discrimination68 and are more likely to be victims of precarious employment,
63
64
65
66
67
68
12
Ibid., para. 16. See also Convention No. 168, art. 10 (1).
See Convention No. 168, arts. 7, 8 and 10.
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, para. 3.
Ibid.
Kazakhstan reports on its new legal framework , including administrative and criminal measures and
incentives to prevent labour law violations.
ILO, Extending the Scope of Application of Labour Laws to the Informal Economy: Digest of
Comments of the ILO’s Supervisory Bodies Related to the Informal Economy (Geneva, 2010).
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