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Standards that have emerged from the United Nations

1) Laws that cover the right to work from the United Nations

ARTICLE 23 – universal declaration of human rights


- Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
- Everyone, without any discrimination, has the right to equal pay for equal work.
- Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
- Everyone has the right to form and to join trade unions for the protection of his
interests.
The United Nations declaration states in article 23 that everyone has the right to work and
even mentions that they should be earned money and remuneration for their work. Every
person works to receive an amount of pay and that pay should be sufficient to provide a
person with their basic means to live and have a livelihood. I

ARTICLE 27 – In the department of economic and social affairs

1. States Parties recognize the right of persons with disabilities to work, on an equal basis
with others; this includes the right to the opportunity to gain a living by work freely chosen or
accepted in a labour market and work environment that is open, inclusive, and accessible to
persons with disabilities. States Parties shall safeguard and promote the realization of the
right to work, including for those who acquire a disability during employment, by taking
appropriate steps, including through legislation, to, inter alia:
a) Prohibit discrimination based on disability regarding all matters concerning all forms of
employment, including conditions of recruitment, hiring and employment, continuance of
employment, career advancement and safe and healthy working conditions;
b) Protect the rights of persons with disabilities, on an equal basis with others, to just and
favourable conditions of work, including equal opportunities and equal remuneration for
work of equal value, safe and healthy working conditions, including protection from
harassment, and the redress of grievances;
c) Ensure that persons with disabilities can exercise their labour and trade union rights on an
equal basis with others;
d) Enable persons with disabilities to have effective access to general technical and
vocational guidance programmes, placement services and vocational and continuing training;
e) Promote employment opportunities and career advancement for persons with disabilities in
the labour market, as well as assistance in finding, obtaining, maintaining, and returning to
employment;
This article mentions that everyone with a disability must also be given the right to work and
should be provided opportunities and programs to be able to work. This influences countries
to provide programs, opportunities, and services for disabled people for them to be able to
work and receive remuneration.

2) Laws that cover social security


The right to social security is of vital importance in guaranteeing human dignity for all
persons when they are faced with circumstances that deprive them of their capacity to fully
realize their human rights.
The right to social security encompasses the right to access and maintain benefits without
discrimination to secure protection from:
- a lack of work-related income caused by sickness, disability, maternity, employment
injury, unemployment, old age, or death of a family member;
- unaffordable health care; and
- insufficient family support, particularly for children and adult dependents.
Social security plays a key role in reducing and alleviating poverty, preventing social
exclusion, and promoting social inclusion

From an international legal perspective, the recognition of the right to social security has
been developed through universally negotiated and accepted instruments that establish social
security as a basic social right to which every human being is entitled. In this way, the right to
social security has been enshrined in several human rights instruments adopted by the United
Nations, and is expressly formulated as such in fundamental human rights instruments.
Specifically, Article 22 of the UDHR lays down that: Everyone, as a member of society, has
the right to social security and is entitled to realization, through national effort and
international cooperation and in accordance with the organization and resources of each state,
of the economic, social, and cultural rights indispensable for his dignity and the free
development of his personality.

And states in its article 25 that: (1) Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event of
unemployment, sickness, invalidity, widowhood, old age, or other lack of livelihood in
circumstances beyond his control. (2) Motherhood and childhood are entitled to exceptional
care and assistance. All children, whether born or out of wedlock, shall enjoy the same social
protection.
The ICESCR (International Covenant on Economic, Social and Cultural Rights) stipulates in
its article 9 that: [t]he States Parties to the present Covenant recognize the right of everyone
to social security, including social insurance.

3) Laws that cover the protection of wages


The international labour organization established a convention in 1949 knows as the
protection of wages convention. Specific articles like;
- 1. Wages may be attached or assigned only in a manner and within limits prescribed
by national laws or regulations.
- 2. Wages shall be protected against attachment or assignment to the extent deemed
necessary for the maintenance of the worker and his family.
The convention explains the definition of wages along with how they must be paid to each
individual living in that country. It even explains on what must the business in the event of
bankruptcy or liquidation of business.

4) Laws that cover redressal grievance


Anyone may bring an alleged violation of human rights to the attention of the United Nations
and thousands of people around the world do so every year. This Fact Sheet explains the
procedures open to individuals who claim to be victims of violations of rights contained in
international human rights treaties
The basic concept of the complaint mechanisms under the human rights treaties is that
anyone may bring a complaint against a state party alleging a violation of treaty rights to the
body of experts monitoring the treaty. These treaty bodies, as they are often called, are
committees of independent experts elected by State parties to the treaty. They monitor the
implementation by State parties of the rights set forth in the treaties and decide on complaints
brought against those States. While there are some procedural variations among the nine
mechanisms, their design and operation are similar
The International Covenant on Civil and Political Rights, adopted in 1966, covers a broad
range of civil and political rights, such as the right to life, the right to a fair trial, freedom of
expression, equality before the law and prohibition of discrimination. The individual rights
that may be invoked before the Human Rights Committee are set out in Part III of the
Covenant (arts. 6–27). The complaint mechanism for alleged violations of those articles is
established by the first Optional Protocol to the Covenant, a separate treaty opens to State
parties to the Covenant. States that have become a party to the Optional Protocol recognize
the competence of the Human Rights Committee—a panel of 18 independent experts that
meets three times a year—to receive complaints from persons within their jurisdiction
alleging violations of their rights under the Covenant.

5) Right to organise and from trade unions and collective bargaining


The right to organise and collective bargaining convention, 1949 deals with the right of
workers to form trade unions and the process of collective bargaining.

Freedom of association is a fundamental human right proclaimed in the Universal Declaration


of Human Rights (1948). It is the enabling right to allow effective participation of non-state
actors in economic and social policy, lying at the heart of democracy and the rule of law.
Ensuring that workers and employers have a voice and are represented is, therefore, essential
for the effective functioning not only of labour markets but also of overall governance
structures in a country.
Collective bargaining is a fundamental right that is rooted in the ILO Constitution and
reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at
Work . Collective bargaining is a key means through which employers and their
organizations and trade unions can establish fair wages and working conditions, and ensure
equal opportunities between women and men. It also provides the basis for sound labour
relations. Typical issues on the bargaining agenda include wages, working time, training,
occupational health and safety and equal treatment. The objective of these negotiations is to
arrive at a collective agreement that regulates terms and conditions of employment.
Collective agreements may also address the rights and responsibilities of the parties thus
ensuring harmonious and productive industries and workplaces. Enhancing the inclusiveness
of collective bargaining and collective agreements is a key means for reducing inequality and
extending labour protection.
Freedom of association and collective bargaining are among the founding principles of the
ILO. Soon after the adoption of the (fundamental) ILO Conventions on freedom of
association and collective bargaining: the Freedom of Association and Protection of the Right
to Organise Convention, 1948 and the Right to Organise and Collective Bargaining
Convention, 1949 (No.98) the ILO concluded that a supervisory procedure was needed to
ensure compliance with the relevant conventions in countries that had not ratified them.
Article 2 mentions that Workers' and employers' organisations shall enjoy adequate
protection against any acts of interference by each other or each other's agents or members in
their establishment, functioning or administration.
Acts that are designed to promote the establishment of workers' organizations under the
domination of employers or employers' organizations or to support workers' organizations by
financial or other means, with the object of placing such organizations under the control of
employers or employers' organizations, shall be deemed to constitute acts of interference
within the meaning of this article.

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