RES/37/16 Right to work

 GE.18-05500(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018 Agenda item 3

Resolution adopted by the Human Rights Council on 22 March 2018

37/16. 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 all international human rights instruments relevant

to the right to work, including the International Covenant on Economic, Social and Cultural

Rights, and the 2030 Agenda for Sustainable Development,

Reaffirming also previous Human Rights Council resolutions on the right to work,

the most recent being resolution 34/14 of 24 March 2017,

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, and the Global Jobs Pact, adopted by the Conference at its ninety-eighth

session, on 19 June 2009,

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, and recalling its

initiatives and activities in that regard, including the Decent Work Agenda, and the

centenary initiatives of the Organization,

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

Economic, Social and Cultural Rights, 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, and 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,

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, representatives of employers and workers, the private sector, national human

rights institutions, civil society organizations and international organizations, 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 implementation of relevant targets of the Sustainable Development Goals;1

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 appropriate steps to progressively 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 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;

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 those

1 A/HRC/37/32.

whose freedom is frequently compromised by discriminatory legal provisions or forced

labour, in particular women and persons with disabilities;

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

instruments, should prohibit forced and compulsory labour and punish perpetrators for 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. Recognizes that progress has been made, yet is deeply concerned that many

persons with disabilities continue to face multiple and intersecting forms of inequality and

discrimination, including the lack of reasonable accommodation, 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;

11. Underscores the responsibility of the State to protect children 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, and to take additional measures to prevent the engagement of children

in the worst form of child labour;

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

Organization World Employment Social Outlook: Trends 2018, many countries continue to

report high rates of labour underutilization, with large shares of discouraged workers and

growing incidence of involuntary part-time employment, affecting in large part young

people;

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

Organization Global Employment Trends for Youth 2017, although there has been a modest

economic recovery, youth unemployment remains high and employment quality a concern,

and young people are three times as likely as adults to be unemployed, which constitutes a

serious global problem;

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

enough jobs, including quality jobs, and 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, thus contributing to sustainable development and peace;

15. Stresses the fundamental importance of equal opportunities, education,

technical and vocational training, and that lifelong learning opportunities and guidance for

all, including for women, young people and persons with disabilities, are necessary for the

realization of the right to work;

16. Encourages States to effectively implement the 2030 Agenda for Sustainable

Development, including its Goal 8 on promoting sustained, inclusive and sustainable

economic growth, full and productive employment and decent work for all, and its targets;

17. Underscores that, in considering the relationship between the realization of

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

and targets, it is important to recognize that the Goals and targets are universal and

interlinked and that their achievement, in accordance with international human rights law

and consistent with the commitment that no one is left behind, can therefore contribute to

the realization of the right to work for all;

18. Stresses that all States committed, in the 2030 Agenda, to leaving no one

behind and to reaching the furthest behind first, and, in order to promote the achievement of

that principle, States are encouraged to create conditions for sustainable, inclusive and

sustained economic growth and decent work for all and to promote the employment of

young people and women’s economic empowerment;

19. Also stresses that the Sustainable Development Goals and the Addis Ababa

Action Agenda of the Third International Conference on Financing for Development

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 that 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;

20. 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 and inclusive social protection measures, including

social protection floors;

21. Also recognizes the fundamental importance of international cooperation,

including through technical cooperation, capacity-building and the 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;

22. Calls upon States to put in place cohesive and 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, including those that

are owned by women, and considering investing in infrastructure, services and social

protection systems to allow for and to promote equitable sharing of care responsibilities

between men and women;

23. 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 and Addis Ababa Action Agenda by 2030,

and noting the need to promote the implementation of the Guiding Principles on Business

and Human Rights and the Women’s Empowerment Principles established by the United Nations Entity for Gender Equality and the Empowerment of Women, as applicable;

24. 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 equitable representation, participation and leadership in such

organizations;

25. 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

all 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;

26. 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;

27. 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 intersecting forms of inequality and discrimination;

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

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

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

bodies, the special procedures, civil society, national human rights institutions and other

stakeholders, 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, to indicate the major challenges and best practices in that regard, and to submit the report to

the Human Rights Council prior to its fortieth session;

29. Decides to remain seized of the matter.

53rd meeting

22 March 2018

[Adopted without a vote.]