Human Rights at Work
The right to work is universal under international human rights law and is available to everyone and acknowledged in various international and regional human rights instruments. ?Rodríguez-Pinzón and Martin described the right to work to “include the right to earn a livelihood in decent work conditions and the right to individual and personal freedom and dignity” and been identified as a core principle of both socio-economic and fundamental economic, social and cultural human rights.[1]? They called the right to work “one of the more developed of the economic, social, and cultural rights” and explained its scope to be quite broad to include not only protections against slavery, forced and compulsory law and discrimination, but also incorporating positive aspects such as the freedom to work, rights to choose an occupation and place of work and rights to free employment services (e.g., access to information and guidance and assistance for persons seeking jobs).[2]
Another formulation of the “Human Right to Work” was offered by the People's Movement for Human Rights Education (“PDHRE”): “The Human Right to Work is the human right of all women, men, youth, and children to dignified, creative and productive labor, free from discrimination and exploitation, enabling all persons to live in peace, security, justice, and dignity. All workers have human rights to basic labor protections. Engagement in any kind of production should be fruitful and rewarding.”[3]? PDHRE went on to explain that the human right of all persons to dignified and fulfilling work includes a comprehensive bundle of “universal, indivisible, interconnected and interdependent human rights” that include the following:
·?????? The human right to work and receive wages that contribute to an adequate standard of living for well-being, health and life
·?????? The human right to equal access to productive resources, including land, credit, and technology
·?????? The human right to freedom of association
·?????? The human right to protection from forced labor
·?????? The human right to adequate, safe working conditions, including reasonable limitation of working hours, rest and leisure
·?????? The human right to a clean and safe environment
·?????? The human right to education and access to information, including vocational training
·?????? The human right to freedom from discrimination in all aspects of work, including in hiring and promotion.
·?????? The human right to equal pay for equal work
·?????? The human right to unemployment protection and social security
·?????? The human right to freedom from sexual harassment in the workplace
·?????? The human right to proper consideration of women’s reproductive rights and sexuality, including job security during and after pregnancy, flexible working conditions, and access to childcare
·?????? The human right to protection during pregnancy from work proven to be harmful
·?????? The human right to protection for the child from economic exploitation and from any work that may be hazardous to his or her well-being and development
Working conditions also contribute to the pursuit and achievement of other important human rights such as health, safety, freedom from slavery, security of person, and an adequate standard of living, and to the attainment of many of the UN Sustainable Development Goals.? In addition, businesses’ duties relating to working conditions extend not only to their employees and contracted workers, but also to the children and other dependents of those persons.? Businesses must also create and maintain workplace conditions and relationships with workers that recognize and respect the rights of individuals to non-discrimination and the special needs of vulnerable groups such as women, ethnic and religious minorities, and persons with disabilities.? Finally, it is now generally acknowledged that businesses have duties to exercise due diligence with respect to working conditions in their supply chains.?
One of the first attempts to identify and codify human rights involved treatment of one of the core resources for every business: its workers.? The 1920 Constitution of the International Labour Organization (“ILO”) made it clear that one of the reasons that the ILO was formed after the World War I was to address and reduce unrest among workers that might ultimately lead to the outbreak of further wars.? While the ILO did not use the term “human rights” in 1920, as time has gone by its public positions regarding labor rights aligned with many of the fundamental principles of international human rights, including promotion of rights at work, encouragement of decent employment opportunities, enhancement of social protection, and strengthening of dialogue on work-related issues.
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The International Coordinating Committee of National Human Rights Institutions and the Danish Institute for Human Rights have identified the following examples of how common business activities can have an impact on labor-related human rights[4]:
·?????? Right to just and favorable conditions of work: Where a company pays a minimum wage that does not equate to a living wage; imposes excessive working hours; or does not allow workers sufficient breaks during their shift, rest during the week, or holiday periods.
·?????? Right to freedom of association and right to collective bargaining: Where a company prevents workers from joining a trade union of their choice, does not recognize the rights of union representatives to participate in collective bargaining processes, or discriminates against workers who are unionized.
·?????? Right to freedom from slavery: Where workers’ identity documents are retained or where workers are physically restricted from leaving work premises during working hours.
·?????? Right to non-discrimination: Where a company does not hire workers from a particular tribe or of a particular ethnic origin, or where company facilities do not accommodate persons with physical disabilities.
·?????? Rights to health and life, liberty, and security of person: Where a company does not uphold adequate health and safety standards, exposing workers to hazardous and dangerous conditions, causing harm to health, injury, or death.
Today, under various international human rights standards, it is clear that steps need to be taken by States and businesses to promote and protect core labor rights such as the right to work, the right to choose employment, the right to just and favorable conditions of work (including the prohibition of forced and child labor), the right to freedom from discrimination, the right to equal pay for equal work, the right to a “living wage,” the right to form and join trade unions (“freedom of association”), the right to limited working hours and paid holidays, the rights to maternity leave, and equal rights between genders with respect to promotions and other conditions of work (e.g., pay).[5]? Labor and working conditions and employment and industrial relations are also extensively addressed in standards for global businesses including the IFC Performance Standards, the OECD Guidelines for Multinational Enterprises and the ISO 26000 Guidance on Social Responsibility developed by the International Organization for Standardization.[6]? At the same time, business leaders are realizing that sweeping political, economic, social, and technological changes around the world are demanding new solutions to address issues that have long engaged human rights activists such as income inequality, wages, diversity, and the role of businesses in society.[7]
This article is an excerpt from my recently updated article on Rights at Work: Labor Practices and Human Rights .
To learn more, see my book Assessing, Managing and Remediating Business’ Impacts on Human Rights: A Guide for Sustainable Entrepreneurs .
Notes?
[1] D. Rodríguez-Pinzón and C. Martin. "The International Human Rights Status of Elderly Persons", American University International Law Review, 18 (4) (2003), 915 , 954 (citing K. Drzewicki, “The Right to Work and Rights in Work”, in A. Eide et al (Editors), Economic, Social and Cultural Rights: A Textbook (1995)).
[2] Id.
[5] A. Sharom, J. Purnama, M. Mullen, M. Asuncion and M. Hayes (Eds.), An Introduction to Human Rights in Southeast Asia (Volume 1) (Nakhorn Pathom, Thailand: Southeast Asian Human Rights Studies Network, 2018) , 162-163.? See also International Finance Corporation Performance Standard 2: Labor and Working Conditions (2012) , which covers terms and conditions of employment, non-discrimination, health and safety, and forced labor relating to employees, contracted workers, and supply chain workers; and Chapter 5 of the OECD Guidelines for Multinational Enterprises , which addresses employment and industrial relations and alignment with the ILO’s international labor standards.
[6] See IFC Performance Standard 2: Labour and Working Conditions (2012) , Chapter 5 of the OECD Guidelines for Multinational Enterprises and ISO 26000 Guidance on Social Responsibility (Geneva: International Organization for Standardization, 2010) , Section 6.4.? See also A. Gutterman, Sustainability Standards and Instruments (Oakland CA: Sustainable Entrepreneurship Project, 2024) .