A. Study the relevant articles in the 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.

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.

Article 7

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;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

B. Right to work from a social justice perspective

The Preamble to the Constitution of the International Labour Organization (1919),

Paragraph 1, states:

" Universal and lasting peace can be established only if it is based upon social justice."

C. Right work from a human rights perspective

The Declaration of Philadelphia, 10^th May 1944, an ILO Declaration:

Labour is not a commodity and that all human beings. Have a right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity of economic security and equal opportunity.

D. Historical development of labour rights

Labour rights preceded the development of human rights

Both ILO and human rights instruments must be studied together, to understand the development of labour rights.

The battle against slavery is basically a fight against forced labour and the recognition of the freedom of the worker to choose his work and determine his way of life.

In Asian countries too there had been various forms of forced labour, where the people were coerced to "donate", their labour.

The caste system an be seen as a form of "forced labour", in that a person cannot exercise choice of nature of work ; She or he has to follow the `ancestral calling'; there is hardly any remuneration.

Often forced labour is made to appear as voluntary labour, and various pretexts, such as religious doctrines and political doctrines are used to justify the system and the lack of choice.

This particular right, more than other rights, has quite a long history of development, in each country as well as internationally.

E. Whose duty is it to realize the right to work?

The individual is the subject. It is the duty of each one to find the type of work of one's choice, with proper conditions of work.

F. State responsibility

Like civil and political rights, economic, social and cultural rights impose three different types of obligations on States: the obligations to respect, protect and fulfil. Failure to perform any one of these three obligations constitutes a violation of such rights.

The obligation to respect requires States to refrain from interfering with the enjoyment of economic, social and cultural rights. Thus, the right to housing is violated if the State engages in arbitrary forced evictions.

The obligation to protect requires States to prevent violations of such rights by third parties. Thus, the failure to ensure that private employers comply with basic labour standards may amount to a violation of the right to work or the right to just and favourable conditions of work.

The obligation to fulfil requires States to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realization of such rights. Thus, the failure of `States to provide essential primary health care to those in need may amount to A violation." (THE MAASTRICHT GUIDELINES)

The obligation to respect requires States to refrain from interfering with the enjoyment of right to work.

The state must refrain from imposing any condition preventing a person from enjoying right to work; It must not impose any form of discrimination which obstructs individuals from enjoying the right to work. The state must refrain from pursuing policies that are detrimental to the right to work.

The obligation to protect requires States to prevent violations of such rights by third parties.

Thus, the failure to ensure that private employers comply with basic labour standards may amount to a violation of the right to work or the right to just and favourable conditions of work.

Under the duty to protect is also the duty of the state to ensure that employers do not violate the right of employees, by failure to provide safety conditions for work.

Under the duty to protect the state is also under obligation provide legal protection when such violations occur.

The obligation to fulfil requires States to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realization of such rights.

While many agencies may offer people work and people find work in many places, it is the duty of the state to, through its adminstrative and other machinery, create an ethos which promotes full employment. Under this, the state has a duty to maintain a proper regulatory framework for monetary and other policies and take all steps to prevent economic crises.

Obligations of Conduct and Result

The obligations to respect, protect and fulfil each contain elements of obligation of conduct and obligation of result.

The obligation of conduct requires action reasonably calculated to realize the enjoyment of a particular right- in this case right to work.

The obligation of result requires States to achieve specific targets to satisfy a detailed substantive standard regarding the right to work..

This standard relates to both the duty to create opportunities for employment as well as the quality of employment.

G. Suggested excercises

1. Review the way right to work is realized in your country.

2. Review the way right to fair conditions of work is realized in your country.

3. What are the violations of these rights in your country?

4. Who are the violators?

5. What has the state done in terms of duty to respect, protect and fulfill these rights?

6. What are things civil society organizations do to safe-guard these rights in your country?