C. RIGHT TO EMPLOYMENT 113. The respondents were asked about their working experiences including applying for a job in the public and private sectors. The experiences from the clients, colleagues, customers and others which include support, violence and discrimination. The respondents were also asked to share the impact of the discrimination if any and as whether their current workplace has a policy that protects the employees from any discrimination based on gender identity, gender expression and/or sexual orientation. 114. The right to employment is essential in determining the standard of living and quality of life for an individual. In this section, the Commission will explore the right to employment of the transgender persons. To begin with, the Commission will look at the related legal provisions with regard to the right to employment. 115. The right to employment is enshrined in article 23 of the UDHR declaration as shown below: “(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work.” “(3) 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.” 116. In the ICESCR, the right to work is provided in Article 6(1)102 and (2)103. Decent work sums up the aspirations of people in their working lives. According to International Labour Organisation (ILO), decent work means “it involves opportunities for work that is productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men”104. In addition to that, it is also stated in Principle 12 of Yogyakarta Principles provides that “everyone has the right to decent and productive work, to just and favourable conditions of work and to protection against unemployment, without discrimination on the basis of sexual orientation or gender identity.” 102 “Article 6(1). The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.” 103 “Article 6(2). The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include 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 fundamental political and economic freedoms to the individual.” 104 http://www.ilo.org/global/topics/decent-work/lang--en/index.htm accessed on 28 November 2017 Report On Transgender Persons In KL And Selangor | 49

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