Skip navigation links Sitemap | About us | FAQs

UN Programme on Disability   Working for full participation and equality

 

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.

 

 


Home | Sitemap | About us | FAQs | Contact us

© United Nations, 2006
Department of Economic and Social Affairs
Division for Social Policy and Development