The International Covenant on Economic, Social and Cultural Rights The type of work a person does depends on ac cess to resources, education and training. Work can be enjoyed as a wage-employed person or as a self-employed person. A crucial feature of work is that it allows people to earn their living. The right to work means that work and access to resources are distributed in a way that allows for the participation of everyone who wants to work. The right to earn one’s li-ving, as discussed above, implies, at a minimum, that the benefits derived from these eco-nomic activities should be enough to reach an adequate standard of living. The right to work is not satisfied by participation in just any type of economic activity. In fact, it includes the right of everyone to the opportunity to gain his/ her living by work which s/he freely chooses or accepts. There is an important element of choice and freedom in the economic activity to earn one’s living. The right to work therefore means not only that work is distributed in a way that allows for the participation of everyone, but also that a person’s preference in how to earn his or her living is a human rights guarantee as well. In addition to the right to earn one’s living, article 6 of the ICESCR therefore establishes the right to freely chosen or accepted work. Here the term "accepted work" refers to wage employment whereas "chosen work" may be seen as self-employment. Does this right then guarantee that everyone can do whatever they want to do, call it work and demand a state salary for it? The right to freely chosen or accepted work may seem utopian. A closer look, however, reveals that this right is actually quite reasonable. It does not mean, for example, that everyone who wants to be a full-time musician has the right to earn his or her living this way. The right to freely chosen or accepted work is conditional, of course, on the possibility of earning one’s living with this job. Hence, being a full-time musician can only be considered work if it is rewarded in a way that one can earn one’s living with it. The ICESCR proclaims the right to work in a general sense in its article 6 and explicitly develops the individual dimension of the right to work through the recognition, in article 7, of the right of everyone to the enjoyment of just and favourable conditions of work, in particular the right to safe working 16 conditions. The collective dimension of the right to work is addressed in article 8, which enunciates the right of everyone to form trade unions and join the trade union of his/her choice as well as the right of trade unions to function freely. When drafting article 6 of the Covenant, the Commission on Human Rights affirmed the need to recognize the right to work in a broad sense by laying down specific legal obligations rather than a simple philosophical principle. Article 6 defines the right to work in a general and non-exhaustive manner. In article 6, paragraph 1, States Parties 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”. In paragraph 2, States Parties recognize that “to achieve the full realization of this right” the steps to be taken “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”. According to General Comment No. 18 (2205), the exercise of work in all its forms and at all levels requires the existence of the following interdependent and essential elements, implementation of which will depend on the conditions present in each State Party: (a) Availability: States Parties must have specialized services to assist and support individuals in order to enable them to identify and find available employment; (b) Accessibility: The labour market must be open to everyone under the jurisdiction of States Parties. Accessibility comprises three dimensions: (i) Under its article 2, paragraph 2, and article 3, the Covenant prohibits any discrimination in access to and maintenance of employment on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation, or civil, political, social or other status, which has the intention or effect of impairing or nullifying exercise of the right to work on a basis of equality. According 17