40/31 Realization of the right to work - Report of the United Nations High Commissioner for Human Rights

GE.18-22389(E)



Human Rights Council Fortieth session

25 February–22 March 2019 Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the High

Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Realization of the right to work

Report of the United Nations High Commissioner for Human Rights

Summary

In the present report, prepared pursuant to Human Rights Council resolution 37/16,

the United Nations High Commissioner for Human Rights examines the relationship

between the realization of the right to work and the enjoyment of all human rights by young

people. The report provides an overview of the barriers youth face in enjoying their rights

to access and participate in the labour market. It highlights that to tackle those barriers

States should put in place concerted legislative, policy and budgetary measures with a

strong gender lens, not only in the area of the right to work, but also in the area of

interrelated and interdependent rights, such as the right to social security, the right to

education and the right to participate in public affairs. This approach fosters youth’s

empowerment and requires a fundamental shift to lay out the conditions for promoting

young people as agents of their own future, change and progress.

United Nations A/HRC/40/31

I. Introduction

1. The present report has been prepared pursuant to Human Rights Council resolution

37/16, which requested the United Nations High Commissioner for Human Rights to

prepare an analytical report on the relationship between the realization of the right to work

and the enjoyment of all human rights by young people, with an emphasis on their

empowerment, in accordance with States’ respective obligations under international human

rights law, and to indicate major challenges and best practices in that regard.

2. For the preparation of the report, and as requested by the Council, the Office of the

High Commissioner for Human Rights (OHCHR) consulted States, United Nations

agencies, funds and programmes, including the International Labour Organization (ILO), as

well as the treaty bodies, the special procedures, civil society and national human rights

institutions. A questionnaire was sent to relevant stakeholders, to which 32 responses were

received as of the submission of the report.1

3. The report builds upon previous reports of the High Commissioner on the right to

work,2 as well as on youth and human rights.3 The latter, in particular, highlights how youth

experience violence, sexual violence, lack of access to sexual and reproductive health

services, abuse as people on the move, and lack of political participation and education and

work opportunities.

4. In the report, the High Commissioner provides an overview of the barriers youth

face in enjoying their rights to access and participate in the labour market and highlights

that targeted measures based on a human rights framework can overcome these barriers.

II. Youth and the right to work

A. Major challenges in accessing and participating in the labour market4

5. The transition from childhood to adulthood is a crucial life stage characterized by

growing opportunities and capacities. Socioeconomic, legal and political environments in

which young people live have a tremendous impact on the development of young people’s

full potential and the enjoyment of their rights.

6. Today, the world hosts the largest generation of young people in history.5 There are

1.2 billion young people between the ages of 15 and 24, most of whom live in developing

countries.6 Countries with relatively young populations have the potential of a demographic

dividend if these young people can have opportunities for education and productive

engagement in the labour force. However, youth unemployment is a concern virtually

everywhere in the world. According to a report by ILO, Global Employment Trends for

Youth 2017, young people are three times more likely than adults to be unemployed and an

estimated 70 million young people were unemployed in 2017.

1 Responses to the questionnaire and other inputs are available at the following OHCHR web page:

www.ohchr.org/EN/Issues/ESCR/Pages/YouthRightToWork.aspx.

2 A/HRC/37/32, A/HRC/34/29 and A/HRC/31/32.

3 A/HRC/39/33.

4 Based on ILO, World Employment and Social Outlook: Trends 2017 (Geneva, 2017).

5 There is no agreed definition of “youth”. The United Nations has traditionally used the age range

from 15 to 24 years, however, it is not used consistently. The Security Council, for example, defines

“youth” as 18 to 29 years of age, others use the age range from 10 to 24 or 15 to 32. This lack of

coherence can be problematic as the situation and the challenges faced by a 10-year-old are very

different from those faced by a 29-year-old. For the purpose of the present report, youth does not

include people younger than 15 years, and applies the most expansive understanding of the upper

limit where that best serves the interest of human rights.

6 United Nations, Department of Economic and Social Affairs, World Population Prospects: the 2017

Revision – Key Findings and Advance Tables (New York, 2017), p. 10.

7. Young people today face a difficult and long process in entering the labour market.

The global recession has left its mark and, after falling for some years, youth

unemployment rates are once again on the rise. ILO estimates that the global youth

unemployment rate was 13.1 per cent in 2017, and will rise in 2018.7

8. While finding employment is a major concern, the quality of jobs is just as salient a

challenge. In emerging economies and developing countries, many young people who have

found employment are unable to lift themselves and their families out of poverty. Often,

their jobs are informal, and thus they have limited legal and social protection. Recent data

suggest that 76 per cent of working youth are in informal jobs, compared with 57 per cent

of working adults.8 In high-income and developed countries, there is a disproportionate

presence of young people in temporary employment.

9. To increase their chances of employment and gain the necessary experience, young

people often accept unpaid internships, which exclude de facto the most marginalized who

cannot afford to work without remuneration. In this regard, various youth organizations,

including the European Youth Forum, have called upon States to ban unpaid internships

since they discriminate against young people from poorer sectors of society. Unpaid

internships are effectively blocking some young people from entering certain careers,

hampering social mobility and reinforcing existing inequalities.

10. Entrepreneurship has the potential to provide young people with real employment

possibilities and opportunities, especially in sectors such as the digital economy. Globally,

young people are 1.6 times more likely than older adults to become entrepreneurs.9 As

young people face delayed entrance to the labour market, Governments are focusing on

promoting youth entrepreneurship. However, Governments that focus excessively on

encouraging youth entrepreneurship and fail to stimulate wider employment and job

creation through broader and robust employment policies risk, in effect, to unfairly shift

much of the responsibility for job creation onto young people.

11. Although young people are more likely than adults to start their own businesses,

they face a host of special challenges that vary across countries and regions. The obstacles

faced by those setting up and running a new business may be intensified for youth, whose

age and inexperience can place them at a disadvantage. Young entrepreneurs must also deal

with less-than-optimal labour market conditions, characterized in some cases by the

widespread use of austerity measures and the effects of economic crises.10

12. A startling number of young people are not in education, employment or training. At

the same time, obsolete education systems are inadequate in meeting the changing and

multiple needs of today’s labour market. Inappropriate training translates into limited job

prospects for youth, even in situations of economic growth.

13. There is a widening gender gap in accessing labour markets and persistent gender

discrimination in conditions of work. For example, the rates of women who are not in

education, employment or training are much higher than men: 34.4 per cent globally,

compared with 9.8 per cent for males. Young women comprise three out of every four

young persons not in education, employment or training, and the disparity is greatest in

emerging countries.11

14. Young women face additional barriers in accessing and participating in the labour

market, including higher school drop-out rates due to early marriage, pregnancy and sexual

violence at school. Moreover, young women spend between 2 to 10 times more time on

7 See https://data.worldbank.org/indicator/SL.UEM.1524.ZS.

8 ILO, Global Employment Trends for Youth 2018. ILO uses the age range 15 to 24 years for youth.

9 Jacqui Kew and others, Generation Entrepreneur? The State of Global Youth Entrepreneurship

(London, Youth Business International and Global Entrepreneurship Monitor, 2013).

10 Organization for Economic Cooperation and Development and European Commission, “Policy brief

on youth entrepreneurship: entrepreneurial activities in Europe” (Luxembourg, Publications Office of

the European Union, 2012), p. 20.

11 ILO, Global Employment Trends for Youth 2018, p. 2.

unpaid care work than young men do.12 Due to gendered social norms that view unpaid care

work as a female prerogative, young women across different regions, socioeconomic

classes and cultures spend an important part of their day on meeting the expectations of

their domestic and reproductive roles. This trend starts usually in childhood. How societies

address care has far-reaching implications for gender relations, power relations and

inequalities, as well as the enjoyment of human rights.13

15. Good quality education remains a key step in increasing women’s opportunities.14

However, it is not just the level of education achieved, but the quality and relevance of

education and training that is important. Harmful stereotypes depict women as less

interested or capable in certain subjects – for example, maths and science – and textbooks

often show men in dominant roles and women in subservient and subordinate roles.

16. In the past several decades, more women than men have pursued higher education in

some countries. However, this has not necessarily led to better labour market outcomes for

women, as gender-based discriminatory practices influence their recruitment. Even where

young women’s education is higher than men’s, they frequently experience discrimination.

Evidence from ILO school-to-work transition surveys15 shows that in a number of countries

young women have a more protracted and difficult transition to working life than young

men. Women often have more limited access to information channels, technology and job

search mechanisms than young men and, importantly, employers in a range of countries

reveal a striking preference to hire young men rather than young women for a variety of

reasons.

17. There are countries and regions in which unemployment is lower for young women

than for young men, this often signals that women do not look for a job but leave the labour

market discouraged. When they do find a job, it is often lower paid and in the informal

economy, in unprotected low-skills arenas that imply greater job insecurity, as well as lack

of access to training, social protection and other resources, making them comparatively

more prone to poverty and marginalization.

B. Right to work

18. The realization of the right to decent work fosters autonomy and independence in

young people, which can pave the way for the realization of other fundamental human

rights. Given the obstacles and the discrimination youth face in entering the labour market

and in the conditions of work, the normative content of the right to work can effectively

guide States’ policymaking to tackle these challenges and promote the rights of youth.

19. International human rights law has progressively recognized that work is not purely

a means of generating income. The right to work implies just and favourable work

conditions, and full and productive work should be promoted while respecting the

fundamental political and economic freedoms of the individual. The development of

workers’ capacities for their personal fulfilment should be at the centre of any State’s effort

in this area. Work, as a human right, is essential for realizing other human rights, such as

the right to an adequate standard of living, and is an inseparable and inherent part of human

dignity.16

12 Gaëlle Ferrant and others, “Unpaid care work: the missing link in the analysis of gender gaps in

labour outcomes” (Paris, Organization for Economic Cooperation and Development, Development

Centre, 2014).

13 A/68/293.

14 A/HRC/35/11.

15 For more information, please see ILO, “Youth employment: breaking gender barriers for women and

men” (Geneva, 2007), and Sara Elder and Sriani Kring, Young and Female – A Double Strike?

(Geneva, ILO, 2016).

16 Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right to

work.

20. The right to work has been enshrined in various international human rights

instruments,17 including the International Covenant on Economic, Social and Cultural

Rights (arts. 6–8). ILO has produced a substantial body of international labour standards

that reinforces the protection and understanding of the right to work. Of particular

importance are the Employment Policy Convention, 1964 (No. 122), the Human Resources

Development Convention, 1975 (No. 142), the Termination of Employment Convention,

1982 (No. 158) and the Employment Promotion and Protection against Unemployment

Convention, 1988 (No. 168).

21. The right to work is not an absolute right to obtain employment, nonetheless, it

implies an immediate obligation on States to adopt policy, legislative and budgetary

measures aimed at attaining full employment to the maximum of their available resources.18

In addressing widespread unemployment among young people, the right to work requires

that States create favourable macroeconomic conditions for the realization of the right and

adopt specific job promotion policies targeted at youth.

22. One measure to improve the availability of work for young people is to put in place

specialized services for youth that assist them in identifying and securing available

employment.19 These specialized services must promote equality and accessibility,

contributing to making the labour market open to everyone without discrimination.

23. Freedom to work and to choose a profession20 is an essential component of the right

to work. For States, it involves prohibitions, such as the prohibition of forced labour, and

positive duties, such as the adoption of measures conducive to freedom and opportunity. It

entails the right to pursue professional options under equal conditions. As previously

signalled, the use of unpaid internships could be an obstacle for the most disadvantaged

youth to access certain career paths and could infringe upon this freedom component of the

right to work. The Committee on Economic, Social and Cultural Rights, in its general

comment No. 23 (2016) on the right to just and favourable conditions of work, confirms

that an excessive use of unpaid internships as well as short-term contracts are not in line

with the right to work (para. 47). Unpaid internships limit young people’s freedom to

choose and should be replaced by paid ones in order to give the opportunity even to the

most marginalized to enter all kinds of career paths.

24. Equality and non-discrimination are fundamental human rights principles that apply

to the realm of work. Ensuring equality and non-discrimination in access to work is crucial

as the labour market mirrors prejudices and disadvantages that exist in society. Young

people are not a homogenous group and States should adopt measures to combat

discrimination against them based on age,21 but also on other prohibited grounds, such as

ethnicity, gender, sexual orientation, disability and health status, that may intersect and

amplify the discrimination they suffer.

25. Closing the gender gap in education and the labour market and addressing issues

such as the unequal share of unpaid care work and harmful stereotypes are essential steps to

counter discrimination and create equal opportunities for young women.22 For example, by

developing education policies that erode gender stereotypes regarding the division of

17 Universal Declaration of Human Rights (arts. 23–24); the International Covenant on Civil and

Political Rights (art. 8 (3) (a)); the International Convention on the Elimination of All Forms of

Racial Discrimination (art. 5 (e) (i)); the Convention on the Elimination of All Forms of

Discrimination against Women (art. 11 (1) (a)); the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (arts. 11, 25–26, 40, 52 and 54); and

the Convention on the Rights of Persons with Disabilities (art. 27).

18 Committee on Economic, Social and Cultural Rights, general comment No. 18, para. 6.

19 Ibid., paras. 12 and 26.

20 Freedom to work is recognized in the Universal Declaration on Human Rights (art. 23) and the

International Covenant on Economic, Social and Cultural Rights (art. 6).

21 Committee on Economic, Social and Cultural Rights, general comment No. 23, para. 12.

22 In A/HRC/38/24, OHCHR highlights the key lessons learned and promising practices to engage men

and boys to promote and achieve gender equality and, in particular, an equal share of responsibility in

domestic life, paras. 23–25.

labour, States would promote the concept of shared family responsibility for work in the

home, particularly in relation to children and care of older persons.

26. In addition to changing the gender-based division of work, State policies directed at

addressing women’s unpaid work should be anchored in social protection and the

recognition of the value of unpaid care work.23

27. According to the Committee on Economic, Social and Cultural Rights, the right to

work calls upon States to develop a comprehensive system of protection to ensure equal

opportunities and treatment between men and women in relation to their right to work,

including by ensuring equal pay for equal work.24 In particular, the reproductive role of

women should never constitute an obstacle to employment nor a justification for losing

employment. For example, it would be important to transfer the coverage of paid maternity

leave to the social security system or public funds, in order to combat the preferential

recruitment of men on the basis of the perceived cost of recruiting women of childbearing

age,25 including young women.

28. According to article 7 of the Covenant on Economic, Social and Cultural Rights,

decent work provides an income that allows workers to support themselves and their

families. The prevalence of working poverty among youth, often trapped in low paid short-

term contracts or in the informal sector, signals a persistent problem. Much more effort

must be made to ensure decent work for youth that includes a fair wage, safe and healthy

working conditions and access to adequate social security.

29. As outlined by the Committee on Economic, Social and Cultural Rights, all workers

should be protected against age discrimination. Young workers should not be forced to

accept a lower remuneration that does not reflect their skills, because they are young.26

States should make sure that the minimum wages are sufficient to enable the workers and

their families to enjoy other rights, such as social security, health care, education and an

adequate standard of living, food, water and sanitation, housing, clothing and additional

expenses, such as commuting costs.27

30. The standard United Nations’ definition of youth (between 15 and 24 years old)

includes adolescents. States must adopt specific policies directed at protecting adolescents

against all forms of labour and exploitation or violence that could interfere in their

education, development and health. This includes minimum age requirements for entering

into the labour market and the appropriate regulation of hours and conditions of work.

31. The Committee on the Rights of the Child emphasized that the right to exercise

increasing levels of responsibility in line with adolescents’ evolving capacities does not

obviate States’ obligations to guarantee protection. In fact, gradual emergence from the

protection of the family, together with relative inexperience and a lack of power, can make

adolescents vulnerable to violations of their rights. States have to provide a balance

between respect for the evolving capacities of adolescents and appropriate levels of

protection. This includes considering a range of factors affecting their decision-making, the

level of risk involved, the potential for exploitation, grasping adolescent development,

recognition that competence and understanding may develop at a different pace in different

areas and recognition of individual experience and capacity.28

23 This approach has been framed by Diane Elson as the “triple R”: recognize, reduce and redistribute.

See Diane Elson, “The three Rs of unpaid work: recognition, reduction and redistribution”, presented

at the Expert Group Meeting on Unpaid Work, Economic Development and Human Well-Being,

United Nations Development Programme in 2008.

24 Committee on Economic, Social and Cultural Rights, general comment No. 18, para. 13.

25 A/HRC/34/29, para. 29.

26 Committee on Economic, Social and Cultural Rights, general comment No. 23, para. 47 (b).

27 Ibid., para. 18.

28 Committee on the Rights of the Child, general comment No. 20 (2016) on the implementation of the

rights of the child during adolescence, paras. 18–20.

III. Key rights underpinning realization of right to work

A. Right to social security

32. It is important to underscore the indissoluble link between the right to work and the

right to social security as two sides of the same coin. As noted above, the right to work does

not entail an absolute and unconditional right to obtain employment. It constitutes a

recognition that, while States have a duty to adopt proactive employment policies, the

provision of employment for each individual may go beyond their control. While

unemployment and underemployment rates could be the result of a variety of factors and

may not be directly attributable to the State, the failure to fulfil the right to work requires

States’ prompt action in ensuring the right to social security.

33. Social security is widely recognized as an essential tool for reducing and alleviating

poverty and promoting social inclusion. The right to social security is recognized in

numerous human rights instruments, 29 including the Universal Declaration of Human

Rights (art. 22) and the International Covenant on Economic, Social and Cultural Rights

(arts. 9–10).

34. The Committee on Economic, Social and Cultural Rights has identified

unemployment as a contingency that should be covered by social security. The Committee

states that, in addition to promoting full, productive and freely chosen employment, States

parties must endeavour to provide benefits to cover the loss or lack of earnings due to the

inability to obtain or maintain suitable employment.30 The ILO Social Protection Floors

Recommendation, 2012 (No. 202), a landmark recommendation that reaffirms social

security as a fundamental human right for all persons and provides guidance on building

comprehensive social security systems, takes a similar approach. Nationally adopted social

protection floors should comprise, at a minimum, among other elements, basic income

security for persons of active age who are unable to earn sufficient income, in particular in

cases of sickness, unemployment, maternity and disability (para. 5 (c)).

35. According to the Committee on Economic, Social and Cultural Rights, a social

security system should include non-contributory schemes, such as universal approaches,

since it is unlikely that every person can be adequately covered by a contributory or an

insurance-based system.31 This is very relevant for young people as they might not have

been in a position to contribute yet to a social security system.

36. The interdependence of the right to work and the right to social security has multiple

dimensions. Social security guarantees a minimum income and therefore gives the

possibility to its beneficiaries to look for productive and freely chosen decent work,

supporting labour market policies geared towards promoting employment. Conversely, the

correlation between decent job and freedom of choice of employment requires that

entitlements to unemployment benefits and employment services cannot be made

conditional on the acceptance of any type of work. Similarly, the imposition of compulsory

work as a condition for receiving unemployment benefits would not qualify as a decent job.

37. The failure to ensure the full realization of the right to work for reasons beyond the

State’s control – such as financial or economic crises – requires States to adopt appropriate

measures to promote the creation of jobs and to take steps to extend social protection to

those who are not able to obtain a decent job, including young people.32

29 Article 11 of the Convention on the Elimination of All forms of Discrimination against Women,

article 26 of the Convention on the Rights of the Child, article 27 of the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their Families and article 28 of

the Convention on the Rights of Persons with Disabilities.

30 Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007) on the right to

social security, para. 16. See also ILO Convention No. 168, art. 10 (1).

31 Committee on Economic, Social and Cultural Rights, general comment No. 19, para. 4 (b).

32 See ILO Convention No. 168, arts. 7–8 and 10.

38. Given the high rate of youth unemployment, social protection is crucial in mitigating

the negative impacts of unemployment on youth, creating access to further education,

facilitating their transition from school to work and improving their labour market

opportunities, while securing a minimum enjoyment of their economic and social rights.33

States should invest in social protection programmes that consider the specific needs of

youth, paying particular attention to the situation of young women who encounter even

more obstacles in the enjoyment of their rights due to gendered social and cultural norms,

as outlined above. Human rights-based social protection systems can support youth in their

search for a decent job and in achieving their full potential.

B. The right to education

39. The right to education is an empowering right that enables the realization of all other

human rights. There is an important connection between the right to education and the right

to work. Articles 23 and 26 (1) of the Universal Declaration of Human Rights and articles 6

(2) and 13 (2) of the International Covenant on Economic, Social and Cultural Rights link

the right to work to the right to education and consider technical and vocational guidance

and training as fundamental components of both rights.

40. Technical and vocational guidance and training aim to enhance personal

development and meaningful participation of the individual in society. As such, they are

critical components of one’s education as a whole, and are crucial measures for creating

equal conditions in the labour market. In fact, unequal access to opportunities for training

and capacity-building results in inequalities in the labour market. Moreover, acquiring,

developing and updating skills and knowledge are key parts of personal development and

self-fulfilment throughout professional life, and all aspects are indispensable for the

realization of the right to work.

41. Technical and vocational training should be promoted, together with equality and

accessibility, for both those seeking work and those seeking to improve their skills in a

trade or profession. For young people in particular, barriers to or the lack of education and

guidance and technical-professional training reduce professional and job opportunities.

42. Given that the significant number of young people not in education, training or

employment lead to disproportionate levels of unemployment and exploitation, States

should step up their efforts in offering appropriate technical and professional training.

Further guidance could be drawn from the Committee on the Rights of the Child, which

stated in its general comment No. 20 (2016) on the implementation of the rights of the child

during adolescence, that States need to put in place formal and informal education and

training designed for the twenty-first-century skills necessary in the modern labour

market.34

43. In particular, the Committee recommended expanding experiential and practical

learning, developing vocational training based on labour market demand, establishing

public-private sector partnerships for apprenticeship and providing guidance on academic

and vocational opportunities.35 The failure to establish adequate technical and professional

programmes for young people may constitute a violation of their right to work.

44. It is important to note that the objectives of the right to education go beyond the

preparation for professional life. 36 Education should be directed towards the full

33 See A/HRC/28/35.

34 Committee on the Rights of the Child, general comment No. 20, paras. 73–74.

35 Ibid., para. 74.

36 The right to education is enshrined in article 26 of the Universal Declaration of Human Rights; article

13 of the International Covenant on Economic, Social and Cultural Rights; article 29 of the

Convention on the Rights of the Child; article 5 (e) (v) of the International Convention on the

Elimination of All Forms of Racial Discrimination; article 10 of the Convention on the Elimination of

All Forms of Discrimination against Women; articles 30, 43 (1) (a), (b) and (c), and 45 (1) (a) and (b)

of the International Convention on the Protection of the Rights of All Migrant Workers and Members

of Their Families; and article 24 of the Convention on the Rights of Persons with Disabilities.

development of the human personality and the sense of its dignity, and should strengthen

the respect for human rights and fundamental freedoms. Moreover, education should enable

all persons to participate effectively in a free society; promote understanding, tolerance and

friendship among all nations and all racial, ethnic or religious groups; and further the

maintenance of peace.

45. The enjoyment of the right to education is therefore an important precondition for

the meaningful exercise of most of the freedoms protected by human rights, as it supports

the possibility of making informed choices in all areas of civil, political, economic, social

and cultural life. Education enhances freedom of expression, assembly and manifestation,

the right to vote, the right to participate in public affairs, the right to form a family and

freely decide the number and spacing of their children, the right to participate in cultural

life, the right to benefit from scientific progress and obviously the right to work.

46. For these reasons, States should invest in youth’s education, making it available,

relevant, appropriate and affordable. In the words of the Committee on Economic, Social

and Cultural Rights, the importance of education is not just practical: a well-educated,

enlightened and active mind, able to wander freely and widely, is one of the joys and

rewards of human existence.

47. The empowerment of youth does not come only from achieving their full

employment but comes from States’ concerted actions, even in the area of education, that

allow youth to learn, discover and nurture their talent and skills in this crucial phase of life.

C. The right to participation

48. To enjoy their right to work, youth must be able to influence policymaking in key

areas, such as education, social protection and job creation. While young people are often

involved in social movements, activism or civic engagement, thanks in particular to the

growing availability of online and social media outlets and other web-based tools, they are

not adequately represented in national political institutions, such as parliaments. In one

third of countries, laws stipulate a minimum age to run for parliament of 25 years or higher,

creating a gap between the legal age of majority and voting age, on the one hand, and the

age at which an individual can serve in elected office.37 The lack of political representation

of young people is also evident from the fact that individuals under the age of 35 are rarely

found in formal political leadership positions.

49. Moreover, the lingering impacts of the global financial and economic crises, in

particular high unemployment and cuts to social services such as education, have

intensified the discontent and frustration among many young people.38 When traditional

institutions of governance and electoral processes fail to adequately address their concerns

and provide them with opportunities for meaningful political participation, more young

people are disengaging themselves from formal institutionalized processes. This has led

many young people to turn to alternative methods of political participation, such as online

mobilization to street demonstrations and flash mobs, which in some cases have become a

catalyst for change.

50. Participation is a key human rights principle and a blueprint of democracy. It entails

timely and meaningful consultation to legitimize the exercise of State power. As articulated

in article 25 of the International Covenant on Civil and Political Rights, the right to

participation encompasses the rights of the individual to vote and to be elected, to take part

in the conduct of public affairs and to have access to public service. Other international

human rights treaties contain similar provisions that complement the Covenant.39

37 United Nations Development Programme, Enhancing Youth Political Participation throughout the

Electoral Cycle (New York, 2013), p. 13.

38 See E/2013/82 on austerity measures and their disproportionate impact on women.

39 The Universal Declaration of Human Rights (art. 21); the International Covenant on Economic,

Social and Cultural Rights (art. 8); the International Convention on the Elimination of All Forms of

Racial Discrimination (art. 5 (c)); the Convention on the Elimination of All Forms of Discrimination

51. Obstacles to equal political and public participation exist in many contexts. These

barriers may include direct and indirect discrimination on grounds such as age, race, colour,

descent, sex, language, religion, political or other opinion, national, ethnic or social origin,

property, birth, disability, nationality or other status. Even where there is no formal

discrimination in connection with political or public participation, inequalities in access to

other human rights, such as the right to education, may impede the effective exercise of

political participation rights.

52. Youth participation and representation in institutional political processes and

policymaking is lower than that of other sectors of the population. A disconnect between

young people and electoral politics can lead to a de-prioritization of their concerns by

politicians and policymakers, including in the area of work, and can further fuel young

people’s frustration and disillusionment. Moreover, the lack of representation of this group

in institutional political bodies, such as parliaments, weakens the legitimacy of such

democratic institutions.

53. States should draw from the energy, creativity and talents of young people and

create the conditions for their participation in public affairs to influence policies on

education, work and social security, among others, that can properly address their issues.

For example, States could adopt proactive measures to improve youth representation and

the representation of young women in national parliaments and other decision-making

bodies. This may be achieved in a number of ways; for instance, steps can be taken to

establish quotas, to develop all-female candidate shortlists, and to ensure a more equal

presence for women and lower socioeconomic groups in youth wings of political parties

and youth representative bodies (such as youth parliaments and councils).

54. To promote youth’s participation, States should ensure that effective citizenship

education is provided at the primary, secondary and tertiary levels. Greater knowledge and

the practice of democratic politics in supportive environments can foster civic and political

engagement.

IV. International initiatives relevant to the enjoyment of the right to work and other human rights by young people

A. 2030 Agenda for Sustainable Development

55. The 2030 Agenda for Sustainable Development places full and productive

employment and decent work for youth at the centre of the new development vision.40 It

emphasizes the catalytic power of youth employment in poverty alleviation, economic

growth, and peace and prosperity for all. Targets under Goal 8 on decent work in particular,

as well as several other goals, including Goal 4 on education, recognize the centrality of

youth employment challenges, and open pathways for consistent and focalized action on

decent jobs for youth, and youth development overall.

against Women (arts. 7–8); the Convention on the Rights of the Child (art. 15); and the Convention

on the Rights of Persons with Disabilities (arts. 4 (3), 29 and 33 (3)).

40 Key youth-specific targets include:

4.4: increase the number of youth and adults who have relevant skills, including technical and

vocational skills, for employment, decent jobs and entrepreneurship;

4.6: ensure that all youth and a substantial proportion of adults, both men and women, achieve

literacy and numeracy;

8.5: achieve full and productive employment and decent work for all women and men, including for

young people and persons with disabilities, and equal pay for work of equal value;

8.6: reduce the proportion of youth not in employment, education or training;

8.b: develop and operationalize a global strategy for youth employment and implement the Global

Jobs Pact of the International Labour Organization;

13.b: promote mechanisms for raising capacity for effective climate change-related planning and

management in least developed countries and small island developing States, including focusing on

women, youth and local and marginalized communities.

56. With regard to work, States have pledged in the Sustainable Development Goals to

create conditions for sustainable, inclusive and sustained economic growth, shared

prosperity and decent work and to work to build dynamic, sustainable, innovative and

people-centred economies, promoting youth employment and women’s economic

empowerment, in particular decent work.41

57. In relation to education and its role in promoting the realization of the right to work

by building a skilled workforce, targets 4.3 and 4.4 aim, respectively, to ensure equal access

for all women and men to affordable and quality technical, vocational and tertiary

education and to increase the number of youth and adults who have relevant skills for

employment, decent jobs and entrepreneurship.

58. As observed above, the widening gender gap that persists in education and in

employment affects youth enormously. The achievement of Goal 5 on gender equality and

women and girls’ empowerment (particularly targets 5.4, 5.5 and 5.a) in the realization of

the rights to education, health, social security, decent work and political participation would

be essential in promoting youth’s empowerment.

59. In considering the relationship between the realization of the right to work of youth

and the implementation of relevant targets of the Sustainable Development Goals, it is

important to recognize that these goals and targets, if implemented according to States’

obligations under human rights law, can be a useful framework to guide and assess States’

efforts in this area.

B. United Nations initiatives

60. To respond to the challenges faced by youth, the Secretary-General identified

working with and for young people as one of the Organization’s priorities. The recent

United Nations Youth Strategy, 42 designed in close collaboration with the Secretary-

General’s Envoy on Youth, confirms that the priority areas for youth are participation in

public affairs, access to quality education and health and decent work. A tool launched for

the implementation of the Youth Strategy is the new multi-stakeholders partnership

platform called Generation Unlimited, which aims to ensure that every young person is in

quality education, learning, training or employment by 2030. The partnership43 platform

focuses on three key areas: secondary-age education; skills for learning, employability and

decent work; and empowerment.

61. On the issue of decent work, the ILO-led Global Initiative on Decent Jobs for Youth,

the first comprehensive United Nations system-wide effort for the promotion of youth

employment worldwide, was launched in New York in February 2016. It brings together

the United Nations and other key global partners, including businesses, academic

institutions and youth organizations to maximize the effectiveness of youth employment

investments and assist Member States in delivering on the 2030 Agenda.44

62. In December 2017, ILO produced the Guide to International Labour Standards and

Rights at Work concerning Young People,45 a tool that aims at helping decision makers and

practitioners at national and local levels to appreciate the diverse dimensions of the youth

41 For more information see the OHCHR report on the relationship between the realization of the right

to work and the implementation of relevant targets of the Sustainable Development Goals

(A/HRC/37/32).

42 “Youth 2030, Working With and For Young People” (New York, September 2018).

43 The partnership includes, among others, the President of Rwanda, the World Bank Group President,

the High Representative of the Union for Foreign Affairs and Security Policy of the European Union,

the Executive Director of the United Nations Children’s Fund, the Secretary-General’s Envoy on

Youth, and the Chief Executive Officer of Unilever and a Goodwill Ambassador of the United

Nations Children’s Fund.

44 See www.ilo.org/global/topics/youth-employment/databases-platforms/global-initiative-decent-

jobs/lang--en/index.htm.

45 See www.ilo.org/global/standards/information-resources-and-publications/publications/

WCMS_613959/lang--en/index.htm.

employment challenge, and to devise and implement coherent and coordinated measures to

address this challenge. The Guide also strives to provide young persons with the necessary

information on their rights at work.

63. The key message of the 2030 Agenda reaffirms the responsibilities of all States and

the international community to ensure that no one is left behind. New technological

innovations underpinning the fourth industrial revolution, such as big data, three-

dimensional printing, artificial intelligence and robotics, are having a transformative impact

on the nature of work. In order to understand and to respond effectively to these new

challenges, ILO has launched a Future of Work initiative.46 While technologies are likely to

lead to a reduction in routine jobs, digitalization also leads to the creation of new jobs,

which in return can have a positive effect on economies, creating additional employment.

Ensuring gender equality in economic benefits and decision-making processes associated

with new opportunities will be essential, beginning with gender equality in the acquisition

of new skills.

64. The Secretary-General’s Envoy on Youth is an active member of the Solutions for

Youth Employment initiative, a multi-stakeholder coalition among the public sector, the

private sector, civil society actors, government officials, foundations, think tanks and young

people, that aims at providing leadership and resources to increase the number of young

people engaged in productive work. In this context, the Envoy on Youth promotes youth

participation as a priority. A topic at the centre of the initiative is now youth and female

participation in digital jobs.

65. The Envoy on Youth also works with youth directly. She recently launched Young

Leaders for Sustainable Development Goals, a learning programme for young people from

all regions that focuses on a range of sectors, including agriculture, finance and new

technologies, such as artificial intelligence. The programme aims to strengthen youth’s

capacity and skills for innovation, creativity and entrepreneurship.

V. Good practices for the realization of the right to work of youth

66. In preparing this report, OHCHR consulted various stakeholders eliciting a large

number of submissions, including examples of what could be considered as good practices,

as requested by the Human Rights Council. Several representative examples are highlighted

below.

67. A good practice47 in this area should enhance youth’s enjoyment of one or more

elements of the right to work; pay particular attention to young women and youth belonging

to marginalized groups; and be consistent with the enjoyment of all human rights in process

and outcome. Practices that meet the above-mentioned criteria also enhance the availability,

accessibility, acceptability and quality of decent work; the active and informed participation

of youth in education and work policies, programmes and projects; and monitoring and

accountability mechanisms that are effective, transparent and accessible. Submissions of

good practices have been clustered thematically. It should be noted that submissions from

States showed a wide range of relevant legislation and policies directed at protecting and

fulfilling youth’s right to decent work.

A. Investing in youth education and technical and vocational training

68. The Back to Education initiative of Ireland provides part-time courses for young

adults aged more than 16 who have been out of formal education for two years and is aimed

principally at those who have not completed formal school cycles. It gives individuals the

46 See www.ilo.org/global/topics/future-of-work/WCMS_546802/lang--en/index.htm.

47 The criteria developed by the then Special Rapporteur on the right of everyone to enjoy the highest

attainable standard of physical and mental health on what constitutes a good practice are used and

adapted to the right to work, see A/58/427, para. 45.

opportunity to combine a return to learning with family, work and other responsibilities.

The Learning for Young Adults project in Slovenia has the same objectives. Turkey is

promoting training on entrepreneurship and new technologies, especially for young

engineer graduates, with the Supporting Young Information Technology Entrepreneurs

project.

69. To ensure that even the most marginalized youth can attend higher education, many

States grant scholarships, such as Bécate in Mexico. In 2017 alone, Ecuador granted 3,750

scholarships directed at students belonging to marginalized groups.

70. In the area of youth education, the National Youth programme of Croatia aims to

prepare young people for active citizenship and non-violence, and improves their

participation in political and public life. In addition, the programme awards scholarships for

young researchers and postgraduate students to improve their competitiveness and

opportunities in the labour market. Croatia highlighted that civil society organizations

played a role in designing and implementing the National Youth programme, in particular

youth associations. For example, youth was actively involved in developing measures for

long-term unemployed young people, identifying groups at risk of social exclusion and

initiatives for adequate support.

B. Promoting the transition from school to work

71. Various stakeholders have highlighted comprehensive programmes to facilitate the

transition of young people from school to work, including the More and Better Jobs for

Youth programme in Argentina, the Youth Employability programme in New Zealand, the

Youth Employment project in Bosnia and Herzegovina and the Great Social Mission for

Youth Employment in the Bolivarian Republic of Venezuela. The Youth reach programme

in Ireland provides full-time education, training and practical experience for unemployed

young adults between the ages of 15 and 20. The application of new technology is

integrated into all aspects of the programme and there is a strong emphasis on core skills,

literacy/numeracy, communications and information communications technology.

Participants’ needs, interests and capacities are taken into account as the programme offers

the opportunity to identify and pursue viable professional options.

72. In the context of the National Youth programme, the Croatian Employment Service

has adopted special measures for the recruitment of historically disadvantaged groups of

young people, including youth with disabilities and young members of the Roma minority.

Among those special measures are individual employment counselling, professional

employment plans, workshops for active job search, employment clubs, career information

and counselling centres and topic-related lectures.

73. The My First Job programme in Ecuador aims at placing students in apprenticeships

in the public and private sectors in order to provide them with work experience. The

Children and Youth Development Fund in Georgia supports youth in school-to-work

transitions by promoting entrepreneurship and skills development, in particular for

marginalized youth, including young persons with disabilities and those belonging to

minority groups.

74. The First Challenge programme, part of the Youth Employment initiative, in

Slovenia supports first-time jobseekers in gaining crucial work experience. The programme

consists of 3 months on-the-job mentored training, followed by 12 months of subsidized

employment. The Youth Guarantee programme strengthened the existing counselling

services for young people by introducing an up-to-date web information platform for youth.

C. Closing the gender gap

75. Subsidies for women’s self-employment are offered to young women graduates in

Slovenia to create start-ups. They need to have been unemployed for at least three months

and completed a mandatory entrepreneurship training financed by the Ministry of

Economic Development and Technology.

76. The Empower Her initiative in Tunisia, funded by the World Bank, aims at

reinforcing the economic independence of women, facilitating technological solutions for

starting their own business. The initiative brings young, unemployed new technologies

graduates together with rural women to create start-ups for applications that help provide

services for women in the interior regions of Tunisia. The applications aim to help women

sell their handicrafts by providing them with access to markets and materials. They can also

provide high technology jobs and other opportunities for the young start-up entrepreneurs.

D. Creating decent jobs

77. Some States have opted to introduce economic incentives for private companies that

hire unemployed young people, such as the Sustainable Employment for Young People

programme in Slovenia, the Jobs Plus Youth programme in Ireland, the Contributions Act

in Croatia (which rewards long-term contracts) and a programme in the Plurinational State

of Bolivia that covers 45 per cent of the related labour costs. The programme reported a

budget of $40 million and facilitated the entry into the labour market of 1,224 young people

in 2018.

78. Mauritius has implemented the Youth Employment programme, which provides

placement and training for unemployed youth aged between 16 and 35. The programme

aims at enabling unemployed youth to obtain training/placements for an initial period of

one year with the possibility of permanent employment thereafter on condition of

satisfactory performance. If the unemployed youth have not been able to secure a job after

the one-year training under the Youth Employment Programme, they are allowed another

year of placement under the same programme.

VI. Conclusions

79. Today, we have the largest generation of young people in history, with an

enormous source of talent, creativity and energy. They possess great potential to drive

social progress, inspire political change and move the world forward in achieving the

2030 Agenda and in promoting and protecting all human rights. At the same time,

young people face tremendous challenges in enjoying their human rights. An alarming

number are not in education, training or employment, leading to disproportionate

levels of unemployment and exploitation. In particular, many young people go

through a long and difficult process in transitioning from school to work and lack

adequate educational opportunities to build their skills.

80. To tackle the barriers youth face in accessing and participating in the labour

market, States should put in place concerted legislative, policy and budgetary

measures with a strong gender lens, not only in the area of the right to work but also

in the area of interrelated and interdependent rights, such as the right to social

security, the right to education and the right to participate in public affairs. This

approach fosters youth’s empowerment and requires a fundamental shift to lay out

the conditions for promoting young people as agents of their own future, change and

progress.

81. In particular, States should:

(a) Protect young people from all forms of labour exploitation and age-

based discrimination in accessing and participating in the labour market. States

should ensure young workers enjoy just and favourable conditions of work, including

safe and healthy working conditions, a wage that would ensure an adequate standard

of living and equal pay for work of equal value. States’ regular work inspections and

acquisition of data on youth employment, disaggregated by age and sex, could

contribute to counter labour standards violations against young workers;

(b) Remove all barriers and ensure equality and non-discrimination in

access to work, including by:

(i) Discouraging unpaid internships as they can be an obstacle for youth,

especially for the most disadvantaged, to access a specific career path;

(ii) Transferring the coverage of paid maternity leave to the social security

system or public funds, in order to combat the preferential recruitment of

young men on the basis of the perceived cost of recruiting young women;

(c) Adopt proactive job creation policies directed at youth and put in place

specialized services for youth that assist them in identifying and securing available

employment, including by providing access to information channels, technology and

job search mechanisms;

(d) Invest in social protection programmes that mitigate the negative impact

of unemployment on youth, while securing the enjoyment of at least the core content

of their economic and social rights, including their rights to health, food, water and

sanitation, education and housing. Consider the specific needs of young women, who

bear a disproportionate share of unpaid care work and suffer from discrimination,

fuelled by harmful stereotypes and gendered social norms. Human rights-based social

protection systems together with education and technical and professional training

can support youth in their search for decent jobs;

(e) Offer modern, relevant and up-to-date education and technical and

professional training to promote personal and professional development and to

counter gender inequality in education and in particular in the use of new

technologies;

(f) Actively promote young people’s right to participation and

representation in institutional political processes and policymaking, by establishing

quotas, so that youth, in particular young women, can influence policies on topical

issues of their concern, including decent work. This would entail, among others,

ensuring youth’s active citizenship education and timely access to information.