A/HRC/34/29 5. The right to work is enshrined in the Universal Declaration of Human Rights, in its article 23.1, in which it is stated that “everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment”. In its article 2, the prohibition of discrimination is made applicable to all the rights recognized in the Universal Declaration, including to the right to work, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The right to work is also recognized in the International Covenant on Economic, Social and Cultural Rights, in its article 6, and a general non-discrimination clause, applicable to all the rights set forth in the Covenant, is incorporated in its article 2.2, in which discrimination on the grounds of “sex” is proscribed. Furthermore, a specific gender equality clause is included in article 3 of the Covenant, according to which “the States Parties ... undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant”. 6. Discrimination against women is defined in article 1 of the Convention on the Elimination of All Forms of Discrimination against Women, and in article 11 of the Convention the right of women to be free of discrimination in the field of employment is reaffirmed, including the right to equal remuneration for work of equal value, the right to social security and the right to safe conditions of work safeguarding women’s reproduction function. According to article 11, “States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights.” 7. In the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the right to work is referred to in articles 11, 25, 26, 40, 52 and 54, and prohibition of discrimination, including on the basis of sex, is made applicable to the Convention by virtue of its article 1. Similarly, the right to work is referred to in the Convention on the Rights of Persons with Disabilities in its article 27, non-discrimination and equality between men and women are included as principles in its article 3, these principles are further developed in its article 5 and there is a specific focus on discrimination against women with disabilities in its article 6. 8. Regional human rights instruments also provide for recognition of the right to work and the application of the principles of gender equality and non-discrimination to this right. For instance, the European Social Charter of 1961 and the revised Charter of 1996 devote considerable attention to the right to work, and pay specific attention to equal pay for equal work and protection for women workers, including in the case of maternity. The Charter of Fundamental Rights of the European Union addresses the right to work in its article 15. Article 23, on equality between men and women, explicitly refers to employment, work and pay, while article 33 mentions maternity protection and maternal and paternal leave as measures for reconciling family and professional life. Articles 20 and 21 are devoted to equality and non-discrimination. 9. The American Declaration of the Rights and Duties of Man, of the Organization of American States, refers to the right to work in its article 14, and to the principles of equality and non-discrimination in its article 2, including on the basis of sex. The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) protects the right to work in its article 6, and makes specific mention of women’s work. Furthermore, the Additional Protocol enshrines the prohibition of discrimination, including on the basis of sex, in its article 3. 10. The African Charter on Human and Peoples’ Rights enshrines the right to work in its article 15, and the prohibition of discrimination, including on the basis of sex, in its article 2. The Arab Charter on Human Rights, as revised in 2004, provides for the right to work, in its article 34. It also includes a non-discrimination provision, in its article 3, that refers 3

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