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Article 27 - Right
to work
Background Documents | Article
27 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
References
International
human rights conventions and other legal instruments
• ICESCR:
International Covenant on Economic, Social and Cultural Rights
• ICCPR: International Covenant on Civil and Political Rights
• CERD: Committee on the Elimination of Racial Discrimination
• CEDAW: Convention on the Elimination of All Forms of Discrimination
against Women
• CAT: Convention Against Torture
• CRC: Convention on the Rights of the Child
• ILO Convention 159: Vocational Rehabilitation and Employment
(Disabled Persons)
• ILO Recommendation 168: Vocational Rehabilitation and Employment
(Disabled Persons)
Article 27
Related to para. 1
ICESCR, Article 6(1): The States Parties to the present Covenant recognize
the right to work, which includes the right of everyone to the opportunity
to gain his living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right.
CERD, Article 5(e)(i): In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties undertake to (…)
guarantee the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, notably in the enjoyment
of the following rights:… (e) Economic, social and cultural rights,
in particular: (i) The rights to work [and] to free choice of employment…
CEDAW, Article 11(1)(a) and (c): 1. 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,
in particular:
(a) The right to work as an inalienable right of all human beings;
(c) The right to free choice of profession and employment…
Related to para. 1 (a)
ICESCR, Article 7(a)-(c): The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of just and favourable conditions
of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction
of any kind, in particular women being guaranteed conditions of work not inferior
to those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the
provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate
higher level, subject to no considerations other than those of seniority and
competence…
CERD, Article 5(e)(i): In compliance with the fundamental obligations
laid down in article 2 of this Convention, States Parties undertake to (…)
guarantee the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, notably in the enjoyment
of the following rights:… (e) Economic, social and cultural rights,
in particular: (i) The rights (…) to just and favourable conditions
of work, to protection against unemployment, to equal pay for equal work, to
just and favourable remuneration;
CEDAW, Article 11(1)(b)-(d): 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, in particular: …
(b) The right to the same employment opportunities, including the application
of the same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion,
job security and all benefits and conditions of service…;
(d) The right to equal remuneration, including benefits, and to equal treatment
in respect of work of equal value, as well as equality of treatment in the
evaluation of the quality of work;
CMW, Article 25(1): Migrant workers shall enjoy treatment not less favourable
than that which applies to nationals of the State of employment in respect
of remuneration and:
(a) Other conditions of work, that is to say, overtime, hours of work, weekly
rest, holidays with pay, safety, health, termination of the employment relationship
and any other conditions of work which, according to national law and practice,
are covered by these terms;
(b) Other terms of employment, that is to say, minimum age of employment, restriction
on home work and any other matters which, according to national law and practice,
are considered a term of employment.
Related to para. 1 (b)
ICESCR, Article 8(1)(a): The States Parties to the present Covenant undertake
to ensure: (a) The right of everyone to form trade unions and join the trade
union of his choice, subject only to the rules of the organization concerned,
for the promotion and protection of his economic and social interests. No restrictions
may be placed on the exercise of this right other than those prescribed by
law and which are necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and freedoms of
others;
CERD, Article 5(e)(ii): In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties undertake to (…)
guarantee the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, notably in the enjoyment
of the following rights:… (e) Economic, social and cultural rights,
in particular: (ii) The right to form and join trade union;
CMW, Article 26(1): States Parties recognize the right of migrant workers and
members of their families:
(a) To take part in meetings and activities of trade unions and of any other
associations established in accordance with law, with a view to protecting
their economic, social, cultural and other interests, subject only to the rules
of the organization concerned;
(b) To join freely any trade union and any such association as aforesaid, subject
only to the rules of the organization concerned;
(c) To seek the aid and assistance of any trade union and of any such association
as aforesaid.
Related to para. 1 (c)
ICESCR, Article 6(2): The steps to be taken by a State Party to the present
Covenant to achieve the full realization of this right shall include technical
and vocational guidance and training programmes, 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.
CEDAW, Article 11(1)(c): 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, in particular: …(c)
The right (…) to receive vocational training and retraining, including
apprenticeships, advanced vocational training and recurrent training;
CMW, Article 43(1)(b) and (c): Migrant workers shall enjoy equality of treatment
with nationals of the State of employment in relation to:
(b) Access to vocational guidance and placement services;
(c) Access to vocational training and retraining facilities and institutions;
Related to para. 1 (h)
CESCR, General Comment no. 5 (Persons with disabilities),
para. 20: …The
integration of persons with disabilities into the regular labour market should
be actively supported by States.