Chapter 2 | Page 71
acceptability and quality are required for the right to work to be fully realised.125
The State is also obliged to take steps to make the right to work meaningful,
and to use fiscal policy and financial incentives to create an environment
conducive to this right.126 The ESCR Committee also identified the State’s
obligation to implement policies to address unemployment127 and to adopt
specific legislative measures which take into consideration issues such as a
national monitoring mechanism for the employment strategy, numerical
targets and time frames for implementation, national benchmarks, and the
involvement and roles of the civil society and private sector.128
The right of everyone to the enjoyment of just and favourable conditions of
work under Article 7 covers aspects of remuneration, safe and healthy working
conditions, and equal opportunity for promotion, rest, leisure and reasonable
limitation of working hours. The obligation for fair wages and equal
remuneration should be based on a level that enables workers to have a
reasonably decent living for themselves and their families.129 States must
recognise these rights and take appropriate steps to safeguard their
realisation. This effectively requires wages and other remunerations to be set
in light of average cost of living in the country, and due consideration should
be given to ensuring that wages exceed the poverty line.
Trade union rights are included in both the ICESCR and ICPPR.130 The
obligation to respect the individual right to form and join trade unions of
one’s choice under Article 8 requires States to refrain from any action that
would restrict this right, except as prescribed by law to protect the interests of
national security or public order or for the protection of the rights and freedoms
125
Ibid., [6][12].
126
Drzewicki, above n 123, 61.
127
CESCR General Comment No 18, E/C.12/GC/18, above n 124, [26].
128
Ibid., [38].
129
This is based on the assumption of a living wage, which allows the workers to meet their
own basic needs and that of their family.
130
See for example, Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR
Commentary (Oxford University Press, Clarendon, 2005); Saul, Kinley and Mowbray,
above n 7.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents