Chapter 2 | Page 70
limitation provisions had to be incorporated in the Covenant. It was argued that
a limitation clause is meant to provide protection to individuals against undue
limitations by the State.122
The general obligations discussed above form the basis of State policy with
regard to the substantive rights recognised in the Covenant, which are equally
applicable in all areas of State policy where the substantive rights are affected.
The following sections outline the nature of substantive rights in Part III of the
ICESCR.
2.3.2 Substantive rights and obligations
The substantive rights under the ICESCR include: right to work (Article 6); right
in work (Article 7); trade union rights (Article 8); social security rights (Article
9); right to social protection (Article 10); right to an adequate standard of living
(Article 11); right to health (Article 12); right to education (Article 13, 14); and
cultural rights (Article 15). Each of these is described below, with emphasis on
the nature of State obligation in relation to each right.
The right to work recognised under Article 6 of the Covenant is one of the
earliest established rights within international human rights norms.123 Hence,
the ‘right to work’ and ‘rights in work’ are at the core of the ESC rights as well
as all other fundamental rights. The ESCR Committee asserted that the right
to work affirms the obligations on the States to ‘assure individuals their right to
freely chosen or accepted work, including the right not to be deprived of work
unfairly’.124 While the right to work is ‘not an absolute and unconditional right
to obtain employment’, the essential elements of availability, accessibility,
122
Ibid.
123
See for example Krzysztof Drzewicki, 'The Right To Work And Rights In Work' in Asbjørn
Eide, Catarina Krause and Allan Rosas (eds), Economic, Social and Cultural Rights: A
Textbook (Martinus Nijhoff Publishers, Dordrecht, 2001) 223-243, 224.
124
Committee on Economic, Social and Cultural Rights, General Comment No 18: The Right
to Work (Article 6 of the International Covenant on Economic, Social and Cultural Rights),
35th sess, UN Doc E/C.12/GC/18 (6 February 2006), [4].
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