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Labour rights
Lee Swepston
Minorities and indigenous peoples1 are entitled to the same economic, social and
cultural rights as all other people, but in practice they have a great deal of difficulty gaining access to those rights. In the world of work, there may be direct or
indirect discrimination by potential employers, they may have reduced access to
the education and the training necessary to become qualified, and they may
encounter other specific difficulties when they do find jobs.
Standards
Basic workers’ rights
There are two main sources of workers’ rights in international law – the general
protections offered under United Nations instruments, and the more specific and
detailed rights found in the standards adopted by the International Labour
Organization (ILO).
The UN system
The UDHR contains a number of provisions on workers’ rights that apply to
minorities and other parts of the population alike. Certain parts of the UDHR
concentrate directly on labour matters: Articles 2 (prohibition of slavery or
servitude), 22 (right to social security), 23 (right to work, to freedom from
discrimination at work, to just and favourable remuneration and to trade unions)
and 24 (right to rest and leisure).
The UDHR is not a convention that countries can ratify, thereby undertaking
binding and specific obligations. Several of the UN conventions do have provisions
on work-related rights that can be the subject of binding obligations. The one
most applicable to work is the ICESCR. Articles related to rights at work, include
Art. 6 (the right to work); Art. 7 (the right of everyone to just and favourable
conditions of work, including remuneration, safe and healthy working conditions,
equal opportunity for promotion in employment, and rest, leisure and limitation
of working hours); Art. 8 (freedom of association and the right to establish and
join trade unions); Art. 9 (right to social security); and Art. 10 (rights related to
the family, including working mothers and prevention of exploitation of children).
Art. 13, protects the right to education, and includes technical and vocational
training.