Labour Right As Human Right

Question 1

Q1: What are the fundamental labour rights recognized as human rights?**

Answer 1

A:
1. Right to work with fair wages
2. Equal pay for equal work
3. Freedom from forced/child labour
4. Safe and healthy workplaces
5. Freedom of association & collective bargaining
6. Right to social security

Question 2

Q2: How does the UDHR (1948) protect labour rights?**

Answer 2

A:
- Article 23: Right to work, equal pay, union formation
- Article 24: Right to rest & reasonable working hours
- Article 25: Right to adequate living standards & social security
First instrument to recognize labour rights as human rights

Question 3

Q3: What labour protections does ICCPR (1966) provide?**

Answer 3

A:
- Article 8: Absolute prohibition of forced labour (exceptions: military service, lawful punishment, emergencies)
- Article 22: Right to form/join trade unions
*Focuses on civil/political aspects of labour rights

Question 4

Q4: How does ICESCR (1966) comprehensively protect labour rights?**

Answer 4

A:
- Article 6: Right to work & employment policies
- Article 7: Fair wages, safe conditions, rest periods
- Article 8: Union rights & right to strike
- Article 9: Social security rights
- Article 10: Maternity protection & child labour prevention
Most detailed framework for economic/social labour rights

Question 5

Q5: Compare the legal status of labour rights protections:**

Answer 5

A:
| Instrument | Binding? | Key Labour Provisions |
|————|———-|———————–|
| UDHR | Customary law | Foundational principles |
| ICCPR | Binding | Anti-slavery, union rights |
| ICESCR | Binding | Comprehensive labour standards |

Question 6

Q9: What are the key challenges in enforcement?**

Answer 6

A:
1. Non-ratification of protocols by some states
2. Weak domestic implementation
3. Informal sector exclusion
4. Conflict between economic policies and labour rights
Gap between legal recognition and practical realization

Question 7

Q10: How has the gig economy challenged these frameworks?

Answer 7

A:
- Platform workers often excluded from traditional protections
- Difficulties in unionization
- Classification disputes (employee vs contractor)
- Need to reinterpret “employer” responsibilities
Testing adaptability of international labour standards

Question 8

Q11: How was Article 8 (ICCPR) applied in a landmark case?

Answer 8

A:
ILO Case No. 2227 (Myanmar)
- Found military’s forced labour violated ICCPR Art. 8
- Demonstrated treaty bodies’ enforcement power
- Resulted in international pressure for reform

Question 9

Q12: How does CESCR interpret “right to work” (Art. 6 ICESCR)?

Answer 9

A:
- Requires states to:
1. Maintain employment services
2. Implement vocational training
3. Adopt full employment policies
- Progressive realization allowed but with measurable progress