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Labour Law Assignemnt
Labour Law Assignemnt
1) Laws that cover the right to work from the United Nations
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.
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.