Article 7 of the ICESCR protects the right of
everyone to the enjoyment of just and favourable
conditions of work, in particular the right to safe
working conditions. These requirements are further
elaborated in CESCR’s General Comment 23. Article
8 further provides for the right to join a trade union,
the freedom of assembly, and right to strike.
Legal protections regarding the right to work,
including against discrimination, are also included
in the International Convention on the Elimination
of All Forms of Racial Discrimination (CERD, Article
5), the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW, article
11), the Convention on the Rights of the Child (CRC,
article 32), the Convention on the Rights of Persons
with Disabilities (CRPD, article 27), the International
Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families
(CMW, articles 11, 25, 26, 40, 52 and 54), and the
Declaration on the Rights of Indigenous Peoples
(UNDRIP, Articles 17 and 21).
The International Labour Organisation (ILO)
Declaration on Fundamental Principles and Rights at
Work also commits governments to promoting these
rights, along with a number of ILO conventions,
including ILO Convention No. 122 concerning
Employment Policy (1964).11
According to CESCR’s General Comment 18, the right
to decent work necessitates:
- availability which requires governments to
support and assist people to find employment;
- accessibility for all without discrimination,
physically including for disabled people, and via
accessible means; and
- acceptability and quality including safe work with
fair working conditions.
Why is the right to decent work relevant to
poverty in working households?
Understanding the legal framework as set out above,
and applying this to the data and findings of the
NZWRI Research, we can see there are three main
aspects of interconnectedness between the right to
decent work and poverty in working households:
10
Human Rights Responses to Poverty in Working Households
1. Reduced access to the right to decent work
and fair working conditions are associated
with a higher prevalence of poverty in working
households: lack of work (unemployment),
reduced hours (underemployment), insecure work
(temporary contracts), low pay, precarious working
conditions, limited education levels, discriminatory
access to the labour market (affecting women,
older people, disabled people, migrants, ethnic
minorities, Māori and Pacific people), and lower
union membership rates are all factors associated
with increased prevalence of poverty in working
households.
2. Poverty in working households reduces the
likelihood of realising the right to decent work
and fair working conditions: those experiencing
poverty in working households are less able to
access or improve their enjoyment of the right to
decent work or fair working conditions due to their
disproportionate exposure to the barriers outlined
above.
3. Increasing the level of enjoyment of the right
to decent work can reduce poverty in working
households: enhancing access to the right to
decent work can help alleviate the experience of
poverty in working households. As the ILO reminds
us, ‘evidence shows that decent and productive
jobs, sustainable enterprises and economic
transformation play a key role in reducing
poverty’.12 Breaking the cycle of poverty involves
full employment and decent work.13
Implementation of the right to decent work and the
labour rights provided for by international human
rights law facilitates empowerment and participation,
provides the legal standards to protect against
discrimination, and necessitates the establishment of
accountability mechanisms.
Decent work ‘promot[es] organization
and voice, enabling people living in
poverty to mobilize and become active
agents in shaping their future.’14