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the equal enjoyment or exercise of economic, social and cultural rights constitutes a violation of
the Covenant. The principle of non-discrimination mentioned in article 2, paragraph 2, of the
Covenant is immediately applicable and is neither subject to progressive implementation nor
dependent on available resources. It is directly applicable to all aspects of the right to work. The
failure of States parties to take into account their legal obligations regarding the right to work
when entering into bilateral or multilateral agreements with other States, international
organizations and other entities such as multinational entities constitutes a violation of their
obligation to respect the right to work.
34.
As for all other rights in the Covenant, there is a strong presumption that retrogressive
measures taken in relation to the right to work are not permissible. Such retrogressive measures
include, inter alia, denial of access to employment to particular individuals or groups, whether
such discrimination is based on legislation or practice, abrogation or suspension of the legislation
necessary for the exercise of the right to work or the adoption of laws or policies that are
manifestly incompatible with international legal obligations relating to the right to work. An
example would be the institution of forced labour or the abrogation of legislation protecting the
employee against unlawful dismissal. Such measures would constitute a violation of States
parties’ obligation to respect the right to work.
Violations of the obligation to protect
35.
Violations of the obligation to protect follow from the failure of States parties to take all
necessary measures to safeguard persons within their jurisdiction from infringements of the right
to work by third parties. They include omissions such as the failure to regulate the activities of
individuals, groups or corporations so as to prevent them from violating the right to work of
others; or the failure to protect workers against unlawful dismissal.
Violations of the obligation to fulfil
36.
Violations of the obligation to fulfil occur through the failure of States parties to take all
necessary steps to ensure the realization of the right to work. Examples include the failure to
adopt or implement a national employment policy designed to ensure the right to work for
everyone; insufficient expenditure or misallocation of public funds which results in the
non-enjoyment of the right to work by individuals or groups, particularly the disadvantaged and
marginalized; the failure to monitor the realization of the right to work at the national level, for
example, by identifying right-to-work indicators and benchmarks; and the failure to implement
technical and vocational training programmes.
V. IMPLEMENTATION AT THE NATIONAL LEVEL
37.
In accordance with article 2, paragraph 1, of the Covenant, States parties are required to
utilize “all appropriate means, including particularly the adoption of legislative measures” for the
implementation of their Covenant obligations. Every State party has a margin of discretion in
assessing which measures are most suitable to meet its specific circumstances. The Covenant,
however, clearly imposes a duty on each State party to take whatever steps are necessary to
ensure that everyone is protected from unemployment and insecurity in employment and can
enjoy the right to work as soon as possible.