E/C.12/GC/18
page 7
20.
The fact that realization of the right to work is progressive and takes place over a period
of time should not be interpreted as depriving States parties’ obligations of all meaningful
content.13 It means that States parties have a specific and continuing obligation “to move as
expeditiously and effectively as possible” towards the full realization of article 6.
21.
As with all other rights in the Covenant, retrogressive measures should in principle not be
taken in relation to the right to work. If any deliberately retrogressive steps are taken, States
parties have the burden of proving that they have been introduced after consideration of all
alternatives and that they are duly justified by reference to the totality of the rights provided for
in the Covenant in the context of the full use of the States parties’ maximum available
resources.14
22.
Like all human rights, the right to work imposes three types or levels of obligations on
States parties: the obligations to respect, protect and fulfil. The obligation to respect the right
to work requires States parties to refrain from interfering directly or indirectly with the
enjoyment of that right. The obligation to protect requires States parties to take measures that
prevent third parties from interfering with the enjoyment of the right to work. The obligation to
fulfil includes the obligations to provide, facilitate and promote that right. It implies that States
parties should adopt appropriate legislative, administrative, budgetary, judicial and other
measures to ensure its full realization.
Specific legal obligations
23.
States parties are under the obligation to respect the right to work by, inter alia,
prohibiting forced or compulsory labour and refraining from denying or limiting equal access to
decent work for all persons, especially disadvantaged and marginalized individuals and groups,
including prisoners or detainees,15 members of minorities and migrant workers. In particular,
States parties are bound by the obligation to respect the right of women and young persons to
have access to decent work and thus to take measures to combat discrimination and to promote
equal access and opportunities.
24.
With regard to the obligations of States parties relating to child labour as set out in
article 10 of the Covenant, States parties must take effective measures, in particular legislative
measures, to prohibit labour of children under the age of 16. Further, they have to prohibit all
forms of economic exploitation and forced labour of children.16 States parties must adopt
effective measures to ensure that the prohibition of child labour will be fully respected.17
25.
Obligations to protect the right to work include, inter alia, the duties of States parties to
adopt legislation or to take other measures ensuring equal access to work and training and to
ensure that privatization measures do not undermine workers’ rights. Specific measures to
increase the flexibility of labour markets must not render work less stable or reduce the social
protection of the worker. The obligation to protect the right to work includes the responsibility
of States parties to prohibit forced or compulsory labour by non-State actors.
26.
States parties are obliged to fulfil (provide) the right to work when individuals or groups
are unable, for reasons beyond their control, to realize that right themselves by the means at their
disposal. This obligation includes, inter alia, the obligation to recognize the right to work in
national legal systems and to adopt a national policy on the right to work as well as a detailed