Right to work
Encyclopedia
The right to work is the concept that people have a human right
to work, or engage in productive employment
, and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights
and recognized in international human rights law
through its inclusion in the International Covenant on Economic, Social and Cultural Rights
, where the right to work emphasizes economic, social and cultural development.
states:
The International Covenant on Economic, Social and Cultural Rights
elaborates the right to work in the context of individual freedoms and economic, social and cultural development. The Covenant also elaborates the role of the state in realising this human right. Article 6 states:
The African Charter on Human and Peoples' Rights
also recognises the right, emphasising conditions and pay, i.e. labor rights
. Article 15, states:
in light of the social turmoil of the early 19th century and rising unemployment in the wake of the 1846 financial crisis which lead up to the French Revolution of 1848
. The right to property
was a crucial demand in early quests for political freedom and equality, and against feudal control of property. Property can serve as the basis for the entitlements that ensure the realisation of the right to an adequate standard of living
and it was only property owners which were initially granted civil and political rights, such as the right 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. 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 in international human rights instruments
frequently include property as a ground on the basis of which discrimination is prohibited (see the right to equality before the law).
, in The Right to be Lazy, wrote: "And to think that the sons of the heroes of the 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."
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
to work, or engage in productive employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
, and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
and recognized in international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
through its inclusion in the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
, where the right to work emphasizes economic, social and cultural development.
Definition
Article 23.1 of the Universal Declaration of Human RightsUniversal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
states:
"Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment."
The International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
elaborates the right to work in the context of individual freedoms and economic, social and cultural development. The Covenant also elaborates the role of the state in realising this human right. Article 6 states:
"(1) The State 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."
The African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
also recognises the right, emphasising conditions and pay, i.e. labor rights
Labor rights
Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe...
. Article 15, states:
"Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work."
History
The phrase "the right to work" was coined by the French socialist leader Louis BlancLouis Blanc
Louis Jean Joseph Charles Blanc was a French politician and historian. A socialist who favored reforms, he called for the creation of cooperatives in order to guarantee employment for the urban poor....
in light of the social turmoil of the early 19th century and rising unemployment in the wake of the 1846 financial crisis which lead up to the French Revolution of 1848
French Revolution of 1848
The 1848 Revolution in France was one of a wave of revolutions in 1848 in Europe. In France, the February revolution ended the Orleans monarchy and led to the creation of the French Second Republic. The February Revolution was really the belated second phase of the Revolution of 1830...
. The right to property
Right to property
The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property...
was a crucial demand in early quests for political freedom and equality, and against feudal control of property. Property can serve as the basis for the entitlements that ensure the realisation of the right to an adequate standard of living
Right to an adequate standard of living
The right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food and the right to housing have been further defined in human rights instruments...
and it was only property owners which were initially granted civil and political rights, such as the right 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. 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 in international human rights instruments
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...
frequently include property as a ground on the basis of which discrimination is prohibited (see the right to equality before the law).
Criticism
Paul LafarguePaul Lafargue
Paul Lafargue was a French revolutionary Marxist socialist journalist, literary critic, political writer and activist; he was Karl Marx's son-in-law, having married his second daughter Laura. His best known work is The Right to Be Lazy...
, in The Right to be Lazy, wrote: "And to think that the sons of the heroes of the Terror
Reign of Terror
The Reign of Terror , also known simply as The Terror , was a period of violence that occurred after the onset of the French Revolution, incited by conflict between rival political factions, the Girondins and the Jacobins, and marked by mass executions of "enemies of...
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."
See also
- Labor rightsLabor rightsLabor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe...
- Protestant Work EthicProtestant work ethicThe Protestant work ethic is a concept in sociology, economics and history, attributable to the work of Max Weber...
- Right-to-work lawRight-to-work lawRight-to-work laws are statutes enforced in twenty-two U.S. states, mostly in the southern or western U.S., allowed under provisions of the federal Taft–Hartley Act, which prohibit agreements between labor unions and employers that make membership, payment of union dues, or fees a condition of...
- Refusal of workRefusal of workRefusal of work is behavior which refuses to adapt to regular employment.As actual behavior, with or without a political or philosophical program, it has been practiced by various subcultures and individuals. Radical political positions have openly advocated refusal of work. From within marxism it...