E/C.12/GC/18
page 4
9.
The International Labour Organization defines forced labour as “all work or service
which is exacted from any person under the menace of any penalty and for which the said person
has not offered himself voluntarily”.3 The Committee reaffirms the need for States parties to
abolish, forbid and counter all forms of forced labour as enunciated in article 4 of the Universal
Declaration of Human Rights, article 5 of the Slavery Convention and article 8 of the ICCPR.
10.
High unemployment and the lack of secure employment are causes that induce workers to
seek employment in the informal sector of the economy. States parties must take the requisite
measures, legislative or otherwise, to reduce to the fullest extent possible the number of workers
outside the formal economy, workers who as a result of that situation have no protection. These
measures would compel employers to respect labour legislation and declare their employees,
thus enabling the latter to enjoy all the rights of workers, in particular those provided for in
articles 6, 7 and 8 of the Covenant. These measures must reflect the fact that people living in an
informal economy do so for the most part because of the need to survive, rather than as a matter
of choice. Moreover, domestic and agricultural work must be properly regulated by national
legislation so that domestic and agricultural workers enjoy the same level of protection as other
workers.
11.
ILO Convention No. 158 concerning Termination of Employment (1982) defines the
lawfulness of dismissal in its article 4 and in particular imposes the requirement to provide valid
grounds for dismissal as well as the right to legal and other redress in the case of unjustified
dismissal.
12.
The exercise of work in all its forms and at all levels requires the existence of the
following interdependent and essential elements, implementation of which will depend on the
conditions present in each State party:
(a)
Availability. States parties must have specialized services to assist and support
individuals in order to enable them to identify and find available employment;
(b)
Accessibility. The labour market must be open to everyone under the jurisdiction
of States parties.4 Accessibility comprises three dimensions:
(i)
Under its article 2, paragraph 2, and article 3, the Covenant prohibits any
discrimination in access to and maintenance of employment on the grounds
of race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth, physical or mental disability, health status
(including HIV/AIDS), sexual orientation, or civil, political, social or other
status, which has the intention or effect of impairing or nullifying exercise
of the right to work on a basis of equality. According to article 2 of
ILO Convention No. 111, States parties should “declare and pursue a
national policy designed to promote, by methods appropriate to national
conditions and practice, equality of opportunity and treatment in respect
of employment and occupation, with a view to eliminating any
discrimination in respect thereof”. Many measures, such as most strategies
and programmes designed to eliminate employment-related discrimination,
as emphasized in paragraph 18 of general comment No. 14 (2000) on the
right to the highest attainable standard of health, can be pursued with