253.
In view of the foregoing, the Commission considers it clear that the rights to health, social
security, work, and satisfactory working conditions constitute economic and social provisions mentioned in
Article 26 of the Convention, and, in this sense, the states parties are obligated to strive to attain the progressive
development thereof, as well as to respect, ensure, and adopt the measures necessary to effectively uphold that
right.
2.1
Right to work and just, equitable, and satisfactory working conditions
254.
As regards the right to work and in relation to the instant case, the Commission observes that
the Committee on Economic, Social and Cultural Rights, in its General Comment 18, indicated as follows:
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.
These fundamental rights also include respect for the physical and mental integrity of the
worker in the exercise of his/her employment.343
255.
In the same observation the Committee development the elements of availability and
accessibility in the following terms: Availability: States parties must have specialized services to assist and
support individuals in order to enable them to identify and find available employment. Accessibility:
Accessibility comprises three dimensions: non-discrimination, physical accessibility, and access to
information. Discrimination in access to work and the continuity of work is prohibited. The states should
ensure a reasonable adaptation to make workplaces accessible, in particular for persons with physical
disabilities. All persons have the right to seek, obtain, and impart information about employment job
opportunities.344
256.
In addition, and of special importance for the instant case, the Committee referred to the
right to choose and freely accept employment and to “safe working conditions” as part of the standards of
acceptability and quality of the right to work in the following terms:
Acceptability and quality. Protection of the right to work has several components, notably the
right of the worker to just and favourable conditions of work, in particular to safe working
conditions, the right to form trade unions and the right freely to choose and accept work.345
257.
As regards the duty to protect vis-à-vis actions of non-state actors, it indicated: “Violations of
the obligation to protect follow from the failure of States parties to take all necessary measures to safeguard
persons within their jurisdiction from infringements of the right to work by third parties.”346 In addition, the
Court has indicated: “The State is thus responsible for itself, when it acts as an employer, and for the acts of
third parties who act with its tolerance, acquiescence or negligence, or with the support of some State policy or
directive that encourages the creation or maintenance of situations of discrimination.”347
258.
Finally, among the basic obligations of the states with respect to this right is the guarantee of
access to employment, especially in relation to underprivileged and marginalized persons and groups 348, such
as persons living in poverty with disabilities.
259.
At Articles 6 and 7 of the Protocol of San Salvador, the states parties undertake to adopt
measures that ensure full effectiveness of the right to work and recognize that every person should enjoy the
same just, equitable, and satisfactory conditions, which include the right to a dignified wage, safety and hygiene,
the prohibition on persons under 18 years of age being assigned dangerous tasks or any task that might
Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005. Para. 7.
Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005.
345 Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005. Para. 12.
346 Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005. Para. 35.
347 I/A Court HR, Advisory Opinion 18/03. September 17, 2003, Requested by the Mexico, para. 152.
348 Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005. para. 31.
343
344
45
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