A/HRC/31/32
III. Scope and content of the right to work
12.
The clarification of the scope and normative content of the right to work is essential
to its realization and to overcoming any uncertainty as to its legal character. A right to
accessible work which ensures the satisfaction of human needs and values is central to a
dignified life and has several dimensions. General comment No. 18 on the right to work,
adopted by the Committee on Economic, Social and Cultural Rights in 2005, reviews these
normative dimensions in light of the interdependence of articles 6, 7 and 8 of the Covenant
and constitutes an important starting point for the clarification of its content. ILO standards
and declarations, other international and regional standards as well as national constitutions
and practices set out key components which reinforce the right to work as a whole.
13.
The right to work may be interpreted as encompassing the following interdependent
and mutually reinforcing aspects:
(a)
The right of every person to productive and freely chosen work that ensures a
dignified life for him- or herself and his or her family, without discrimination;
(b)
The right to economic and environmental conditions in the workplace that are
conducive to meeting the needs of the individual and to realizing associated freedoms,
including the right not to be arbitrarily deprived of work;
A.
(c)
workplace;
The material conditions related to safety, security and dignity in the
(d)
equality.
The social conditions relating to labour rights, family leave and gender
The freedom and opportunity to work
1.
Right to work and employment policies
14.
Article 6 (2) of the International Covenant on Economic, Social and Cultural Rights
emphasizes the link between the right to work and full employment, identifying a nonexhaustive list of measures to ensure its realization. These include policies and techniques
to achieve steady economic, social and cultural development and full and productive
employment. Drawing on article 23 (1) of the Universal Declaration, article 1 of the ILO
Employment Policy Convention, 1964 (No. 122) provides that policies to ensure the
availability of full, productive and freely chosen employment must guarantee that (a) there
is work for all who are available for and seeking work; (b) such work is as productive as
possible; and (c) there is freedom of choice of employment and the fullest possible
opportunity for each worker to qualify for, and to use his skills and endowments in, a job
for which he is well suited, irrespective of race, colour, sex, religion, political opinion,
national extraction or social origin. Paragraph 1 of the ILO Employment Policy
(Supplementary Provisions) Recommendation, 1984 (No. 169) defines full employment as
“a means of achieving in practice the realization of the right to work”, noting that
deterioration in job opportunities can provoke social tension and thus create conditions
which can endanger peace and prejudice the exercise of the right to work.
15.
According to the Committee on Economic, Social and Cultural Rights, the right to
work should not be understood as an absolute and unconditional right to obtain
employment.12 Nevertheless, States parties have an immediate obligation to move as
expeditiously and effectively as possible, to the maximum of their available resources,
towards adopting policies aimed at attaining full employment. Policies should also aim to
12
4
General comment No. 18 (2005), para. 6.
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