The right to work is essential for accessing other
human rights and is inherent to a dignified
life.330 It encompasses the right to be treated
fairly at every point of the employment process,
whether it is getting a job, fair pay, or promotion
pathways.331 The right to work is set out in the
Universal Declaration of Human Rights and the
International Covenant on Economic, Social and
Cultural Rights. Employment allows people the
opportunity to earn a living and participate in
society. At a minimum, the benefits gained from
work should be enough to provide an adequate
standard of living.
A 2015 International Labour Organization (ILO)
report on discrimination at work on the basis
of sexual orientation and gender identity found
that lesbian, gay, bisexual, and transgender
workers face more discrimination throughout
the employment cycle compared to the
general population.332 This begins in education
and continues through to job application,
interview, job offer, and commencement of
employment. A lack of employment rights and
equal opportunities for advancement in a career
negatively affects family life, including children’s
lives. 333
Employment rates
In New Zealand, no data on employed or
unemployed people with diverse sexual
orientations, gender identities and expressions, or
sex characteristics is available from the Ministry
of Business, Innovation, and Employment.334 The
unemployment rate of trans and non-binary
participants in Counting Ourselves was more than
twice the general population: 11% versus 5%.
Wage discrimination
Seminal work from Lee Badgett in the 1990s was
the first to show a relationship between wage
discrimination and sexual orientation.335 ILO’s
Director-General has indicated that of all workers,
trans people fare the worst in employment and
ARTICLE 23
UNIVERSAL DECLARATION OF
HUMAN RIGHTS
(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.
(4) Everyone has the right to
form and to join trade unions
for the protection of his
interests.
Committee on Economic, Social and Cultural Rights, General Comment 18 on Article 6 of the Covenant on Economic, Social and
Cultural Rights UN Doc E/C.12/GC/18 (6 February 2006).
331
New Zealand Human Rights Commission Tracking Equality at Work 2018: Summary and Recommendations (Wellington, 2018).
332
International Labour Organization Discrimination at work on the basis of sexual orientation and gender identity: Results of the ILO’s
PRIDE Project (Geneva, 2015); New Zealand Human Rights Commission To Be Who I Am: Report of the Inquiry into Discrimination
Experienced by Transgender People (Wellington, 2008) at [4.49].
333
International Labour Organization “Making workplace policies supportive of all families” (media statement, 17 May 2017).
334
K. Mottley, personal communication to T. Polkinghorne, December 11 2017.
335
M.V. Lee Badgett “The wage effects of sexual orientation discrimination” (1995) 48 Industrial and Labor Relations Review p726.
330
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