COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ADOPTS GENERAL COMMENT ON RIGHT TO WORK

The Committee on Economic, Social and Cultural Rights this morning adopted a General Comment on article 6 of the International Covenant on Economic, Social and Cultural Rights concerning the right to work.

The General Comment notes that the right to work is a fundamental right, essential to the exercise of other rights of the human being and inseparable from the inherent dignity of the human person; every individual has the right to be able to work, allowing him to live in dignity; and the right to work contributes to the survival of the individual and to that of his family.

Article 6 of the Covenant stipulates that “States parties 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”. The General Comment says that the Covenant enunciates the right to work in a general sense in its article 6, and explicitly develops the individual dimension of the right to work through its recognition in article 7 of the right to everyone to the enjoyment of just and favourable conditions of work, and in particular to safe working conditions.

The text further notes that the right to work is inseparable from the inherent dignity of the human person and is closely linked to, and is interdependent with, other human rights, and is thus dependent on their realization: that includes both economic, social and cultural rights as well as civil and political rights.

With the aim of helping States parties to implement the Covenant and discharge their reporting obligations, the General Comment deals with the normative content of article 6, the obligations of States parties, violations, and implementation at the national level. It also covers the obligations of actors other than States parties.

On the normative content of the right to work, the document notes that the right to work is an individual right, which belongs to each person, and at the same time a collective right. It encompasses all forms of work, whether it is independent work or dependent wage-paid work. The paragraphs under the normative segment provide definitions for decent work, availability of and accessibility to work.

With regard to States parties’ obligations, the text emphasizes that the principal obligation is to ensure the progressive realization of the full exercise of the right to work; and States parties should adopt as quickly as possible measures towards the objective of full employment.

Concerning violations, the text notes that violations of the obligation to respect are those State actions, policies or laws that contravene the standards enunciated in article 6 of the Covenant and are likely to result in infringements of the right to work. In particular, any discrimination in access to the labour market with the aim of impairing the equal enjoyment or exercise of economic, social and cultural rights constitutes a violation of the Covenant.

On the implementation of the right to work at the national level, the General Comment stresses that States parties should consider the adoption of legislation as a major instrument in the implementation of the national strategy concerning the right to work; and the legislation should establish national mechanisms to monitor implementation of the strategy and national plan of action on the right to work. Any person or group who is a victim of a violation of the right to work should have access to effective judicial or other appropriate remedies at both the national and international levels.

This is the Committee's eighteenth General Comment. The aim of the General Comments is to assist States parties in their efforts to implement the provisions of the Covenant.

When the Committee reconvenes at 10 a.m. on Friday, 25 November, it is scheduled to release its final observations and recommendations on the reports which it has reviewed this session before closing the session.

For use of the information media; not an official record

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