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3. Report:
Ask each group to present its “biography.”
4. Analyze/discuss
Discuss with the group what it would take for each of these fictional people to achieve the right
to work.
• Consider the various supports and accommodations referenced in Article 27.
• What could be done to obtain these supports and accommodations?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT THE RIGHT TO WORK?
The right to work is addressed in a variety of human rights law instruments. For example, the
Universal declaration of human Rights (UDHR) discusses the right to work in Article 23,
addressing such issues as freedom of choice in employment, fair pay, equal pay for equal
work, and the right to form and join trade unions. The international covenant on civil and
Political Rights (ICCPR) also contains provisions relevant to the right to work in Article 8,
which focuses on the right of everyone not to be held in slavery or servitude, as well as to be
free from forced or compulsory labor except in certain limited circumstances.
The international covenant on economic, social and cultural Rights (ICESCR)
elaborates further on the right to work, with three articles addressing related issues, including:
• Article 6 – affirming the right to work and calling on governments to achieve its
realization through polices and practices that safeguard “fundamental political and
economic freedoms to the individual”;
• Article 7 – addressing the right of everyone to “just and favourable conditions of
work,” including safe and healthy working conditions, fair wages, equal opportunity for
promotion subject to seniority and competence, and rest and leisure time;
• Article 8 – addressing the right of everyone to form and join trade unions, and the
rights of trade unions to function freely subject only to those restrictions necessary
in a democratic society to preserve public order or protect the rights and freedoms of
others. 2
General Comment No. 5 of the committee on economic, social and cultural Rights (the
treaty body responsible for monitoring implementation of the ICESCR) addresses some of the
barriers faced by people with disabilities in fully enjoying the right to work under the ICESCR,
such as the pervasiveness of disability-based discrimination in the employment field, the
limited and often substandard employment options available to people with disabilities, and
the barriers to work resulting from lack of enjoyment of other human rights, such as access
to transportation to get to work. It also notes the need for governments to ensure that people
with disabilities can fully enjoy their trade union-related rights, and to regularly consult with
organizations of persons with disabilities on employment and other matters. 3
Article 32 of the convention on the Rights of the child (CRC) recognizes the right of all
children to be free from economic exploitation and any work that might interfere with their
education, or that would be harmful to their “health or physical, mental, spiritual, moral or social
development.” In addition, it requires States to establish a minimum age (or minimum ages)
for employment, to regulate the hours and conditions of employment, and to ensure the use of
penalties or other sanctions in order to enforce Article 32. 4
2 See http://www.unhchr.ch/html/menu3/b/a_cescr.htm
3 See http://www.unhchr.ch/tbs/doc.nsf/(symbol)/E.C.12.2000.4.En
4 See http://www.unhchr.ch/html/menu3/b/k2crc.htm
PART 2: The convenTion on The RighTs of PeRsons wiTh disAbiliTies
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