A/HRC/37/32
federations or confederations and to be able to function freely, “subject to no limitations
other than those prescribed by law and which are necessary in a democratic society”.
6.
In addition to the freedom to choose or accept work as guaranteed in article 6 (1),
article 6(2) of the Covenant describes several measures that States could take to ensure the
fulfilment of the right to work, such as technical and vocational guidance and training
programmes, and policies and techniques to achieve steady economic, social and cultural
development and full and productive employment, under conditions safeguarding
fundamental political and economic freedoms to the individual. The enumeration of these
measures, which are essential elements of an enabling environment for the exercise of the
right to work, is not exhaustive.1
7.
As understood in article 6 of the Covenant, work must be decent work, respecting
the fundamental rights of the person (such as the physical and mental integrity of the
worker) as well as the rights of workers in relation to remuneration and occupational safety.
Decent work provides an income that allows workers to support themselves and their
families in accordance with the provisions of article 7.2 The normative content of the right
to work has the following additional elements:3
(a)
Availability, which requires States to have specialized services to assist and
support individuals in identifying and securing available employment;
(b)
Accessibility, to ensure that the labour market is open to everyone without
discrimination;
(c)
Acceptability and quality, which cover the right of the worker to just and
favourable conditions of work, in particular to safe working conditions, the right to form
trade unions and the right freely to choose and accept work.
8.
Core obligations in relation to the right to work include ensuring the right of access to
employment, particularly for disadvantaged and marginalized individuals and groups, and
avoiding measures that result in discrimination against and unequal treatment of them or in
weakening protection mechanisms available to them. States are furthermore required to adopt
and implement a national employment strategy and plan of action to address the concerns of
the entire workforce based on a transparent and participatory process in which employers and
workers organizations participate.4
9.
As with all the rights protected under the International Covenant on Economic, Social
and Cultural Rights, States should ensure the progressive realization of the right to work by
taking measures aimed at achieving full employment.5 Similarly, States have a duty to
respect, protect and fulfil the right to work. Respect requires refraining from direct or indirect
interference with the enjoyment of the right, protection calls for measures to prevent thirdparty interference, while fulfilment includes the obligations to provide, facilitate and promote
the right to work. Legislative, administrative, budgetary, judicial and other measures to
ensure its full realization are implicit in these obligations.6
III. The 2030 Agenda for Sustainable Development and the right
to work
10.
The 2030 Agenda for Sustainable Development, in a significant departure from the
Millennium Development Goals that preceded it, is guided by the purposes and principles of
the Charter of the United Nations, including full respect for international law, and is
1
2
3
4
5
6
See general comment No. 18 (2005) of the Committee on Economic, Social and Cultural Rights on
the right to work, paras. 2 and 6.
Ibid., para. 7. See also general comment No. 23 (2016) of the Committee on the right to just and
favourable conditions of work, para. 18.
General comment No. 18 (2005) of the Committee on Economic, Social and Cultural Rights on the
right to work, para. 12.
Ibid., para. 32.
Ibid., para. 19.
Ibid., para. 22.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents