RES/34/14 Right to work

GE.17-05887(E)



Human Rights Council Thirty-fourth session

27 February–24 March 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 24 March 2017

34/14. Right to work

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights and the Vienna Declaration

and Programme of Action, and recalling the International Covenant on Economic, Social

and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination

against Women and other international human rights instruments relevant to the right to

work, as well as the Beijing Declaration and Platform for Action and the outcome

documents of its review and the 2030 Agenda for Sustainable Development,1

Reaffirming also Human Rights Council resolutions 28/15 of 26 March 2015 and

31/15 of 23 March 2016 on the right to work,

Recalling General Assembly resolution 63/199 of 19 December 2008, entitled

“International Labour Organization Declaration on Social Justice for a Fair Globalization”,

and Economic and Social Council resolutions 2007/2 of 17 July 2007, on the role of the

United Nations system in providing full and productive employment and decent work for

all, and 2008/18 of 24 July 2008, on promoting full employment and decent work for all,

Recalling also the International Labour Organization Declaration on Fundamental

Principles and Rights at Work and the follow-up thereto, adopted by the International

Labour Conference at its eighty-sixth session, on 18 June 1998, the Declaration on Social

Justice for a Fair Globalization, adopted by the Conference at its ninety-seventh session, on

10 June 2008, the Global Jobs Pact, adopted by the Conference at its ninety-eighth session,

on 19 June 2009, the resolution concerning gender equality at the heart of decent work,

adopted by the Conference at its ninety-eighth session, on 17 June 2009, and the resolution

of the International Labour Organization on the follow-up to its Declaration on

Fundamental Principles and Rights at Work, adopted by the Conference at its ninety-ninth

session, on 15 June 2010,

1 General Assembly resolution 70/1.

Recognizing the primary role, mandate, expertise and specialization of the

International Labour Organization within the United Nations system in relation to the

promotion of decent work and full and productive employment for all, welcoming its

initiatives and activities in this regard, including the Decent Work Agenda, and recalling

the recently launched centenary initiatives of the Organization on the future of work and on

women at work,

Acknowledging the work of the treaty bodies, in particular the Committee on

Economic, Social and Cultural Rights and the Committee on the Elimination of

Discrimination against Women, in relation to the right to work,

Acknowledging also the work of United Nations agencies, funds and programmes, in

particular the International Labour Organization, in supporting the efforts of States to

promote inclusive, sustained economic growth, full and productive employment and decent

work for all and the full realization of the right to work, recognizing the important

contributions made by the United Nations Entity for Gender Equality and the

Empowerment of Women in relation to the realization of the right to work for women, and

recognizing also the important ongoing work of the Secretary-General’s high-level panel on

women’s economic empowerment to look at the best ways to unlock the power of women

to work and achieve their financial independence,

Reaffirming that all human rights, civil, cultural, economic, political and social

rights, including the right to development, are universal, indivisible, interdependent,

interrelated and mutually reinforcing, and that all human rights must be treated in a fair and

equal manner, on the same footing and with the same emphasis,

Emphasizing that States should undertake to guarantee that the right to work is to be

exercised without discrimination of any kind as to race, colour, sex, language, religion,

political or other opinion, national or social origin, property, birth or other status,

Emphasizing also that the right to work is not only essential for realizing other

human rights but also an inseparable and inherent part of human dignity, and is important in

ensuring the satisfaction of human needs and values that are central to a dignified life,

Recognizing that full and productive employment and decent work for all are key

elements of poverty-reduction strategies that facilitate the achievement of the

internationally agreed development goals, in particular the 2030 Agenda for Sustainable

Development, and that they require a multidimensional focus that incorporates

Governments, the private sector, national human rights institutions, civil society

organizations, representatives of employers and workers, international organizations and, in

particular, the agencies of the United Nations system and international financial institutions,

1. Takes note with appreciation of the report of the United Nations High

Commissioner for Human Rights on the relationship between the realization of the right to

work and the enjoyment of all human rights by women, with a particular emphasis on the

empowerment of women;2

2. Reaffirms, as enshrined in the International Covenant on Economic, Social

and Cultural Rights, the right to work, which includes the right of everyone to the

opportunity to gain his or her living by work that he or she freely chooses or accepts, and

that States should take steps to achieve the full realization of that right, including technical

and vocational guidance and training programmes, policies and techniques, to achieve

steady economic, social and cultural development and full and productive employment

2 A/HRC/34/29.

under conditions safeguarding the fundamental political and economic freedoms of the

individual;

3. Also reaffirms, as enshrined in the International Covenant on Economic,

Social and Cultural Rights, the right of everyone to the enjoyment of just and favourable

conditions of work that ensure, in particular, remuneration that provides all workers, as a

minimum, with fair wages and equal remuneration for work of equal value without

distinction of any kind, in particular women being guaranteed conditions of work not

inferior to those enjoyed by men, with equal pay for equal work; a decent living for

themselves and their families; safe and healthy working conditions; equal opportunity for

everyone to be promoted in his or her employment to an appropriate higher level, subject to

no considerations other than those of seniority and competence; and rest, leisure and

reasonable limitation of working hours and periodic holidays with pay, and remuneration

for public holidays;

4. Further reaffirms that States have the primary responsibility to ensure the full

realization of all human rights and to endeavour to take steps, individually and through

international assistance and cooperation, especially economic and technical, to the

maximum of their available resources, with a view to progressively achieving the full

realization of the right to work by all appropriate means, including in particular the

adoption of legislative measures;

5. Recognizes that ensuring equality and non-discrimination in access to work is

crucial in addressing the social prejudices and disadvantages that might exist in the labour

market and undermine equality and dignity;

6. Stresses that the freedom to work, which is included in the right to work,

entails the right to pursue professional options under equal conditions, especially for

women whose freedom is frequently compromised by discriminatory legal provisions or

forced labour;

7. Also stresses that States, as provided for by the relevant international legal

instruments, should prohibit forced and compulsory labour and punish its use in all its

forms;

8. Emphasizes that the right to work entails, inter alia, the right not to be

deprived of work arbitrarily and unfairly, and that States, in accordance with the relevant

obligations in relation to the right to work, are required to put in place appropriate measures

ensuring the protection of workers against unlawful dismissal;

9. Underscores the equal right of men and women to the enjoyment of all

human rights, including the right to work, and that equal access to work is pivotal to the full

enjoyment of all human rights by women, while recognizing that women are on many

occasions subject to discrimination in the context of realizing their rights in that regard on

an equal basis with men and are disproportionately exposed to the most precarious working

conditions, including work in the informal economy, limited or no legal protection, lower

levels of representation in leadership and decision-making positions, lower levels of

remuneration and involuntary temporary and part-time employment, and are

disproportionately burdened with unpaid care and domestic work within the household and

the family, which may constitute on many occasions a barrier to women’s greater

involvement in the labour market;

10. Stresses that States should take all appropriate measures to eliminate

discrimination against women in the field of education and employment and to tackle any

legal, social or structural barrier to employment opportunities, such as in education, health,

work and life balance and lack of maternity protection, in order to ensure, on a basis of

equality of men and women, the same rights, including in particular the rights to work, the

same employment opportunities, promotion, free choice of profession and employment, job

security and all benefits and conditions of service, and the rights to receive vocational

training and retraining, equal remuneration, equal treatment in respect to work of equal

value, social security and protection of health and safety in working conditions;

11. Recognizes that progress has been made, yet is deeply concerned that many

persons with disabilities and women in vulnerable situations in all regions continue to face

multiple and intersecting forms of inequality and discrimination, which represent

significant obstacles in exercising their right to work on an equal basis with others, and that

they are frequently subject to less favourable conditions of pay, precarious, often informal

working conditions and poor career prospects in a context of environmental, social and

economic barriers in their access to work and within work, and in education and training,

which results on many occasions in neglect of their potential and restrictions on

opportunities to earn a living through their capabilities;

12. Underscores the responsibility of the State to prevent the engagement of

children in the worst forms of child labour and to protect them from economic exploitation

and from performing any work that is likely to be hazardous or to interfere with their

education or to be harmful to their health or physical, mental, spiritual, moral or social

development;

13. Expresses concern that, according to the report of the International Labour

Organization World Employment Social Outlook: Trends 2017, global unemployment is

expected to rise in 2017 compared with 2016 by 3.4 million, of which a sizeable proportion

are young people, and that the international economic and financial crisis has had a severe

impact in that regard, and notes with concern that the global level of women’s participation

in the labour force is 27 per cent lower than that of men;

14. Notes with concern that, according to the report of the International Labour

Organization Women at Work: Trends 2016, women’s labour force participation in 2015

was estimated to be 49.6 per cent globally compared with 76.1 per cent for men, and that

women workers are disproportionately represented in the informal economy as well as non-

standard forms of employment, such as part-time and temporary contracts or self-

employment, which can on many occasions compromise their job security, working

conditions and social protection, and that, in developing countries, the share of women in

underemployment exceeds that of men;

15. Expresses deep concern that inequalities are widening and there are not

enough jobs, including quality jobs, to keep up with a growing labour force and, bearing in

mind the fundamental importance of equal opportunities, education and vocational training

in the context of realizing the right to work, emphasizes that full and productive

employment and decent work for young people play an important role in their

empowerment and can contribute to, inter alia, the prevention of extremism, terrorism and

social, economic and political instability;

16. Stresses that technical and vocational education, including in science,

technology, engineering and mathematics, and lifelong learning opportunities and guidance

for all, including women with disabilities, are necessary for the realization of the right to

work;

17. Welcomes the adoption by the General Assembly of the 2030 Agenda for

Sustainable Development, and emphasizes that there are targets therein to “by 2030,

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”

(target 8.5 of the Sustainable Development Goals) and to “recognize and value unpaid care

and domestic work through the provision of public services, infrastructure and social

protection policies and the promotion of shared responsibility within the household and the

family, as nationally appropriate” (target 5.4 of the Sustainable Development Goals),

strengthening the efforts towards gender equality and the empowerment of women and

girls, and calls for the implementation of its relevant goals and targets;

18. Stresses that the Sustainable Development Goals promote inclusive and

sustained economic growth, higher levels of productivity and technological innovation, and

encourage entrepreneurship and job creation, which can be effective measures to eradicate

extreme poverty and hunger, forced labour, contemporary forms of slavery and human

trafficking and, to ensure that no one is left behind, bearing these targets in mind, the goal

is to achieve full and productive employment and decent work for all women and men by

2030;

19. Recognizes that employment should be a central objective of economic and

social policies at the national, regional and international levels for the sustainable

eradication of poverty and for providing an adequate standard of living, and emphasizes in

that regard the importance of relevant social protection measures, including social

protection floors;

20. Also recognizes the fundamental importance of international cooperation,

including through technical cooperation, capacity-building and exchange of relevant

lessons learned and good practices, in advancing efforts towards the full realization of the

right to work through inclusive, sustainable economic growth, full and productive

employment and decent work for all;

21. Calls upon States to put in place comprehensive policies and to take the

legislative and administrative measures necessary for the full realization of the right to

work for all, including women, by, inter alia, considering to undertake policy commitments

and measures to obtain full and productive employment and decent work for all, including

through the establishment, where appropriate, of institutions for that purpose and by further

strengthening tools, such as job services and social dialogue mechanisms, while paying

continuous attention to professional and technical training and initiatives to foster small and

medium-sized enterprises, cooperatives and start-ups, especially those that are owned by

women, as well as considering investing in infrastructure, services and social protection

systems to allow for equitable sharing of care responsibilities between men and women;

22. Highlights the vital role of the private sector in generating new investments,

job opportunities and financing for development and in advancing efforts towards the full

realization of the right to work and the promotion of inclusive, sustained economic growth,

full and productive employment and decent work for all, noting the multi-year strategy of

the United Nations Global Compact to drive business awareness and action in support of

achieving the Sustainable Development Goals by 2030, and recalling the need to promote

the implementation of the Guiding Principles on Business and Human Rights, as well as the

Women’s Empowerment Principles established by the United Nations Entity for Gender

Equality and the Empowerment of Women and the Global Compact;

23. Recognizes the important contribution of workers’ and employers’

organizations in the area of full and productive employment and decent work for all, and

the importance of promoting women’s equitable representation, participation and leadership

in such organizations;

24. Underscores that there is an urgent need to create an environment at the

national and international levels that is conducive to the attainment of full and productive

employment and decent work for all as a foundation for sustainable development, and that

an environment that supports investment, growth and entrepreneurship is essential to the

creation of new job opportunities for women and men, and reaffirms that opportunities for

men and women to obtain productive work in conditions of freedom, equity, security and

human dignity are essential to ensure the eradication of hunger and poverty, the realization

of equality between women and men, the improvement of economic and social well-being

for all, the achievement of sustained, inclusive and sustainable economic growth and

sustainable development of all nations and fully inclusive and equitable globalization;

25. Encourages States to take all appropriate measures to eliminate

discrimination against women in the field of employment in order to ensure, on the basis of

the equality of men and women, the same rights;

26. Calls upon States to implement effective and targeted measures to ensure

women’s equal access to decent work and full and productive employment, including

through investments in care infrastructure, policies and employment services that address

specific challenges faced by women and policies that aim at removing conditions

disadvantageous to women during the recruitment process, and to monitor the

implementation of the regulatory measures aimed at protecting women against unfair

treatment or arbitrary dismissals on account of sex, pregnancy or childbirth and assessing

their effectiveness, while providing access to effective remedies;

27. Recognizes the importance of addressing the root causes that contribute to

lesser participation of women in entrepreneurial activities and business ownership, and that

financial inclusion is critical for promoting women’s access to means of production,

including through access to credit and financial services;

28. Calls upon States to continue their efforts to prevent and combat all forms of

discrimination and violence, including sexual harassment at the workplace, including by

adopting and implementing laws and policies and through training, awareness-raising and

support for women’s access to justice with respect to violence and sexual harassment,

bearing in mind that these continue to be among the factors that have an adverse impact on

the realization of the right to work for women;

29. Encourages States to take all appropriate measures to prohibit discrimination

in all matters concerning access to employment and job opportunities, including in relation

to equal conditions of pay, hiring and career advancement, and to pay particular attention to

women facing multiple and intersecting forms of inequality and discrimination and women

in vulnerable situations, including women with disabilities, whose labour rights are often

violated;

30. Acknowledges that the promotion of greater involvement by women in

policymaking, law-making processes and workers’ and employers’ organizations is called

for;

31. Requests the United Nations High Commissioner for Human Rights to

prepare an analytical report, in consultation with States, United Nations agencies, funds and

programmes, particularly the International Labour Organization, and the treaty bodies,

special procedures, civil society, national human rights institutions and other stakeholders,

on the relationship between the realization of the right to work and the implementation of

relevant targets in the Sustainable Development Goals, in accordance with States’

respective obligations under international human rights law, to indicate the major

challenges and best practices in that regard, and to submit the report to the Human Rights

Council prior to its thirty-seventh session;

32. Decides to remain seized of the matter.

57th meeting

24 March 2017

[Adopted without a vote.]