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Right to work

From Wikipedia, the free encyclopedia
Human right to engage in productive employment
This article is about the human rights concept. For the laws prohibiting mandated union membership and dues, seeRight-to-work law.

Theright to work is the concept that people have ahuman right to work, or to engage in productiveemployment, and should not be prevented from doing so. The right to work, enshrined in theUnited Nations 1948Universal Declaration of Human Rights, is recognized in international human-rights law through its inclusion in the 1966International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.

TheHuman Rights Measurement Initiative[1] measures the right to work in countries around the world, based on their level of income.[2]

Definition

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TheUniversal Declaration of Human Rights states in Article 23.1:

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

— Universal Declaration of Human Rights, United Nations General Assembly

TheInternational Covenant on Economic, Social and Cultural Rights states in Part III, Article 6:[3]

(1) The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

(2) The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

— International Covenant on Economic, Social and Cultural Rights, United Nations General Assembly

TheAfrican Charter on Human and Peoples' Rights also recognises the right, emphasising conditions and pay, i.e.labor rights. Article 15, states:[4]

Every individual shall have the right to work under equitable and satisfactory conditions, and shall receiveequal pay for equal work.

— African Charter on Human and Peoples' Rights, Organisation of African Unity

History

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The phrase "the right to work" was coined by the Frenchsocialist leaderLouis Blanc in light of the social turmoil of the early 19th century and rising unemployment in the wake of the 1846 financial crisis which led up to theFrench Revolution of 1848.[5] Theright to property was a crucial demand in early quests for political freedom and equality, and againstfeudal control of property. Property can serve as the basis for the entitlements that ensure the realisation of theright to an adequate standard of living and it was only property owners which were initially grantedcivil and political rights, such as theright to vote. Because not everybody is a property owner, the right to work was enshrined to allow everybody to attain an adequate standard of living.[6] Today discrimination on the basis of property ownership is recognised as a serious threat to the equal enjoyment of human rights by all and non-discrimination clauses ininternational human rights instruments frequently include property as a ground on the basis of which discrimination is prohibited (see theright to equality before the law).[7]

The right to work, but also a duty, was placed inconstitutions of the Soviet Union.[8]

Criticism

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The Right to Be Lazy (1883) byPaul Lafargue, a FrenchMarxist, criticized the concept of a right to work. He wrote: "And to think that the sons of the heroes ofthe Terror have allowed themselves to be degraded by the religion of work, to the point of accepting, since 1848, as a revolutionary conquest, the law limiting factory labor to twelve hours. They proclaim as a revolutionary principle the Right to Work. Shame to the French proletariat! Only slaves would have been capable of such baseness."[9]

See also

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References

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  1. ^"Human Rights Measurement Initiative – The first global initiative to track the human-rights performance of countries".humanrightsmeasurement.org. Retrieved2022-03-09.
  2. ^"Right to work - HRMI Rights Tracker".rightstracker.org. Retrieved2022-03-09.
  3. ^"International Covenant on Economic, Social and Cultural Rights". Office of the United Nations High Commissioner for Human Rights. 1966.
  4. ^"African Charter on Human and Peoples' Rights".www.achpr.org. Retrieved2018-04-09.
  5. ^Robertson, Priscilla Smith (1952).Revolutions of 1848: A Social History. Princeton University Press. p. 69.ISBN 9780691007564.Right to work.
  6. ^Alfredsson, Gudmundur; Eide, Asbjorn (1999).The Universal Declaration of Human Rights: a common standard of achievement. Martinus Nijhoff Publishers. p. 533.ISBN 978-90-411-1168-5.
  7. ^Alfredsson, Gudmundur; Eide, Asbjorn (1999).The Universal Declaration of Human Rights: a common standard of achievement. Martinus Nijhoff Publishers. p. 372.ISBN 978-90-411-1168-5.
  8. ^Article 118 of the 1936 constitution; article 40 of the 1977 constitution.
  9. ^Paul LafargueThe Right To Be Lazy, Chapter II, 2nd paragraph

External links

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