5.1.1 Understanding the Right to Work
Concept & Content
The right to work is contained in Article 6 of the ICESCR, which deals more
comprehensively with work than any other instrument. This right refers to decent work –
work that respects fundamental human rights as well as the rights of workers.109 It is further
developed through Articles 7 and 8, such that these three articles are considered to be
interdependent.110 As noted in the CESCR’s General Comment No. 18, several other
international and regional instruments also recognize the right to work.111
The right to work is both individual and collective in nature, and covers all forms of work,
from independent work, to dependent wage-paid work.112 The exercise of work also requires
the existence of four interdependent and essential elements: availability, accessibility,
acceptability and quality.113
Essential Elements for the Exercise of Work
“States parties must have specialized services to assist and support individuals in order to
Availability
114
Accessibility
Acceptability
and quality
enable them to identify and find available employment;”
“The labour market must be open to everyone under the jurisdiction of States
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parties;”
“the Covenant prohibits any discrimination in access to and maintenance of
employment on the grounds of race, sex, language, religion, political or other
opinion, national or social origin, property, birth, physical or mental disability,
health status (including HIV/AIDS), sexual orientation, or civil, political, social or
other status, which has the intention or effect of impairing or nullifying exercise of
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the right to work on a basis of equality;”
117
“Physical accessibility is one dimension of accessibility to employment;”
“Accessibility includes the right to seek, obtain and impart information on the
means of gaining access to employment through the establishment of data
networks on the employment market at the local, regional, national and
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international levels;”
“Protection of the right to work has several components, notably the right of the worker to
just and favourable conditions of work, in particular to safe working conditions, the right to
119
form trade unions and the right freely to choose and accept work.”
The full and effective enjoyment of the right to work is also “essential for realizing other
human rights and forms an inseparable and inherent part of human dignity.”120 Economic,
social and cultural rights, such as the right to an adequate standard of living, may be
particularly affected. To this end, Article 7 recognizes the right to the enjoyment of just and
favourable conditions of work, including fair wages and equal pay for equal work, safe and
healthy working conditions, and rest and leisure time, as well as ensuring a decent living for
workers and their families.
The ICESCR also recognizes that work and productive employment are important in light of
the “the social role which they confer and the feeling of self esteem which workers derive
from them.”121 This link with human dignity is emphasized in Article 6(1), which recognizes
the right of workers to freely chose or accept work, as well as in the guarantee in Article 7 of
fair and equal remuneration and opportunity for promotion. Finally, in its collective
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