Analysing the human rights affected
The human rights that are affected by poverty in
working households, which are being compounded
by impacts of the pandemic, are rights that have
a legal foundation in international human rights
law. Human rights law provides the basis for
understanding what responsibilities our government
and decision-makers have and how these obligations
should be realised, and for assessing whether or
not these rights are being respected, protected and
fulfilled.
The rights affected by poverty in working
households, such as the right to decent work and
employment conditions, and the rights to adequate
housing, health, education, food, and social security,
as well as the civil and political rights such as political
participation, are all human rights enshrined in the
Universal Declaration of Human Rights (UDHR).
These rights are binding legal obligations for the
New Zealand government, under the two core
implementing treaties, the International Covenant
on Economic, Social and Cultural Rights (ICESCR),
and the International Covenant on Civil and Political
Rights (ICCPR).7
The right to decent work
What is the right to decent work?
Everyone has the right to work, the right
to equal pay for equal work and the
right to a decent income and working
conditions.8
The right to decent work and the related labour
and employment rights are about ensuring human
dignity through people’s livelihoods. Meaningful
employment is at the heart of economic wellbeing.
The right to work recognises that work is not solely
a source of income that provides for the basic
necessities in life, but has the potential to satisfy
social, intellectual and personal needs and therefore
is integral for a life of human dignity.
The right to work is essential for realising
other human rights and forms an
inseparable and inherent part of human
dignity. Every individual has the right to
be able to work, allowing them to live
in dignity. The right to work contributes
at the same time to the survival of the
individual and to that of their family,
and insofar as work is freely chosen or
accepted, to their development and
recognition within the community.9
The ICESCR contains the most comprehensive
provisions on the right to work. In Articles 6–8,
the core elements of the right to work are defined
as: (1) the opportunity to work; (2) free choice of
employment; (3) just and favourable conditions of
work; (4) non-discrimination; and (5) the right to
form and join trade unions.
The right to decent work is protected in Article
6 of the ICESCR, which requires governments to
take steps to recognise and safeguard the right of
everybody to the opportunity to gain their living by
work. These requirements are further elaborated in
the UN Committee on Economic, Social and Cultural
Rights’ (CESCR) General Comment 18.
Work as specified in article 6 of the
Covenant must be decent work. This
is work that respects the fundamental
rights of the human person as well
as the rights of workers in terms
of conditions of work safety and
remuneration. It also provides an income
allowing workers to support themselves
and their families as highlighted in Article
7 of the Covenant.10
He Urupare Tika Tangata mō te Pōharatanga ō ngā Whānau Whaimahi
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