The human rights issue
The human rights argument
General Comment 18 (GC 18) of the
UN Committee on Economic, Social and
Cultural Rights details the Committee’s
understanding of the right to work. GC 18
says that the right to work means:
• Availability. States parties must have
services designed to assist and support
individuals to enable them to identify
and find available employment;
• Accessibility. This includes a guarantee
that access to work will be provided on a
non-discriminatory basis. It also means
that people have the right to seek and
obtain information on the means of
gaining access to employment;
These
• Acceptability and Quality.
two guarantees relate to working
conditions, the right to form trade
unions and to freely accept work.
Despite the fact that the Indian economy has been growing rapidly in recent
The General Comment also says that
States that are unwilling to use the
maximum of their available resources for
the realization of the right to work are in
violation of their obligations under article 6
of the International Covenant on Economic,
Social and Cultural Rights, guaranteeing
the right to work.
years, large sectors of the population still suffer from extreme poverty. Millions
of people’s right to work is not being realized. When people lack work, they cannot
secure the resources necessary to provide essential food, housing, education, health
care and other necessary goods and services for themselves and their families.
The Government of India has enacted the National Rural Employment Guarantee
Scheme, which, if properly implemented, would make a significant contribution
to realizing people’s right to work. However, the Indian civil society organization
(CSO), Samarthan, has documented numerous problems with implementation of
the Scheme, including substantial under-spending of allocated funds, which has
resulted in the Scheme’s falling far short of its promise of realizing the right to work.
Where a government is failing to fully spend funds allocated for ESC rightsrelated areas, it is failing to use the maximum of its available resources to realize
these rights.