E/C.12/GC/18
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4.
The right to work, as guaranteed in the ICESCR, affirms the obligation of States parties
to assure individuals their right to freely chosen or accepted work, including the right not to be
deprived of work unfairly. This definition underlines the fact that respect for the individual and
his dignity is expressed through the freedom of the individual regarding the choice to work,
while emphasizing the importance of work for personal development as well as for social and
economic inclusion. International Labour Organization Convention No. 122 concerning
Employment Policy (1964) speaks of “full, productive and freely chosen employment”, linking
the obligation of States parties to create the conditions for full employment with the obligation to
ensure the absence of forced labour. Nevertheless, for millions of human beings throughout the
world, full enjoyment of the right to freely chosen or accepted work remains a remote prospect.
The Committee recognizes the existence of structural and other obstacles arising from
international factors beyond the control of States which hinder the full enjoyment of article 6 in
many States parties.
5.
With the aim of helping States parties to implement the Covenant and discharge their
reporting obligations, this general comment deals with the normative content of article 6
(chap. II), the obligations of States parties (chap. III), violations (chap. IV), and implementation
at the national level (chap. V), while the obligations of actors other than States parties are
covered in chapter VI. The general comment is based on the experience gained by the
Committee over many years in its consideration of reports of States parties.
II. NORMATIVE CONTENT OF THE RIGHT TO WORK
6.
The right to work is an individual right that belongs to each person and is at the same
time a collective right. It encompasses all forms of work, whether independent work or
dependent wage-paid work. The right to work should not be understood as an absolute and
unconditional right to obtain employment. Article 6, paragraph 1, contains a definition of the
right to work and paragraph 2 cites, by way of illustration and in a non-exhaustive manner,
examples of obligations incumbent upon States parties. It includes the right of every human
being to decide freely to accept or choose work. This implies not being forced in any way
whatsoever to exercise or engage in employment and the right of access to a system of protection
guaranteeing each worker access to employment. It also implies the right not to be unfairly
deprived of employment.
7.
Work as specified in article 6 of the Covenant must be decent work. This is work that
respects the fundamental rights of the human person as well as the rights of workers in terms of
conditions of work safety and remuneration. It also provides an income allowing workers to
support themselves and their families as highlighted in article 7 of the Covenant. These
fundamental rights also include respect for the physical and mental integrity of the worker in the
exercise of his/her employment.
8.
Articles 6, 7 and 8 of the Covenant are interdependent. The characterization of work as
decent presupposes that it respects the fundamental rights of the worker. Although articles 7
and 8 are closely linked to article 6, they will be dealt with in separate general comments.
Reference to articles 7 and 8 will therefore only be made whenever the indivisibility of these
rights so requires.