E/C.12/GC/18
page 9
ensure non-discrimination and equal protection of employment. Discrimination in the field of
employment comprises a broad cluster of violations affecting all stages of life, from basic
education to retirement, and can have a considerable impact on the work situation of individuals
and groups. Accordingly, these core obligations include at least the following requirements:
(a)
To ensure the right of access to employment, especially for disadvantaged and
marginalized individuals and groups, permitting them to live a life of dignity;
(b)
To avoid any measure that results in discrimination and unequal treatment in the
private and public sectors of disadvantaged and marginalized individuals and groups or in
weakening mechanisms for the protection of such individuals and groups;
(c)
To adopt and implement a national employment strategy and plan of action based
on and addressing the concerns of all workers on the basis of a participatory and transparent
process that includes employers’ and workers’ organizations. Such an employment strategy and
plan of action should target disadvantaged and marginalized individuals and groups in particular
and include indicators and benchmarks by which progress in relation to the right to work can be
measured and periodically reviewed.
IV. VIOLATIONS
32.
A distinction should be drawn between the inability and the unwillingness of States
parties to comply with their obligations under article 6. This follows from article 6, paragraph 1,
which guarantees the right of everyone to the opportunity to gain his living by work that he
freely chooses or accepts, and article 2, paragraph 1, which places an obligation on each State
party to undertake the necessary measures “to the maximum of its available resources”. The
obligations of States parties must be interpreted in the light of these two articles. States parties
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. Nevertheless, resource constraints
may explain the difficulties a State party may encounter in fully guaranteeing the right to work,
to the extent that the State party demonstrates that it has used all available resources at its
disposal in order to fulfil, as a matter of priority, the obligations outlined above. Violations of
the right to work can occur through the direct action of States or State entities, or through the
lack of adequate measures to promote employment. Violations through acts of omission occur,
for example, when States parties do not regulate the activities of individuals or groups to prevent
them from impeding the right of others to work. Violations through acts of commission include
forced labour; the formal repeal or suspension of legislation necessary for continued enjoyment
of the right to work; denial of access to work to particular individuals or groups, whether such
discrimination is based on legislation or practice; and the adoption of legislation or policies
which are manifestly incompatible with international obligations in relation to the right to work.
Violations of the obligation to respect
33.
Violations of the obligation to respect the right to work include laws, policies and actions
that contravene the standards laid down in article 6 of the Covenant. In particular, any
discrimination in access to the labour market or to means and entitlements for obtaining
employment on the grounds of race, colour, sex, language, age, religion, political or other
opinion, national or social origin, property, birth or any other situation with the aim of impairing