The right to work is the concept that people have a human right Human rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and economic, social and cultural to work, and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly (10 December 1948 at the Palais de Chaillot, Paris). The Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world. The Declaration arose directly from the experience of the Second World War and and recognised in international human rights law International human rights law is a system of laws, both domestic, regional and international, designed to promote human rights. Human rights law is made up of various international human rights instruments which are binding to its parties through its inclusion in the International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and rights to, where the right to work emphasises economic, social and cultural development.

Contents

Human right

Main article: human rights Human rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and economic, social and cultural Main article: labour rights Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions. One of the most central of

Article 23.1 of the Universal Declaration of Human Rights The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly (10 December 1948 at the Palais de Chaillot, Paris). The Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world. The Declaration arose directly from the experience of the Second World War and states:

"Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment."

The International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and rights to elaborates the right to work in the context of individual freedoms and economic, social and cultural development. The Covenant also elaborates the role of the state in realising this human right. Article 6 states:

"(1) The State Parties to the present Covenant 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. (2) The steps to be taken by a State party to the present Covenant to achieve the full realization of this right 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."

The African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights is an international human rights instrument that purports to promote and protect human rights and basic freedoms in the African continent also recognises the right, emphasising conditions and pay, i.e. labor rights Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions. One of the most central of. Article 15, states:

"Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work."

Soviet Union

The 1977 Soviet Constitution At the Seventh Session of the Supreme Soviet of the USSR Ninth Convocation on October 7, 1977, the third and last Soviet Constitution, also known as the "Brezhnev Constitution", was unanimously adopted. The official name of the Constitution was "Constitution (Fundamental Law) of the Union of Soviet Socialist Republics" (Russian: also emphasises conditions of work, or labor rights Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions. One of the most central of, and revered to economic, social and cultural development. Article 40 stated:

"Citizens of the USSR have the right to rest and leisure. This right is ensured by the establishment of a working week not exceeding 41 hours, for workers and other employees, a shorter working day in a number of trades and industries, and shorter hours for night work; by the provision of paid annual holidays, weekly days of rest, extension of the network of cultural, educational, and health-building institutions, and the development on a mass scale of sport, physical culture, and camping and tourism; by the provision of neighborhood recreational facilities, and of other opportunities for rational use of free time. The length of collective farmers' working and leisure time is established by their collective farms."[1]

Criticism

Paul Lafargue Paul Lafargue was a French revolutionary Marxist socialist journalist, literary critic, political writer and activist; he was Karl Marx's son-in-law, having married his second daughter Laura. His best known work is The Right to Be Lazy. Born in Cuba to French and Creole parents, Lafargue spent most of his life in France, with periods in England, in The Right to Be Lazy The Right To Be Lazy is an essay by Cuban-born French revolutionary Marxist Paul Lafargue, written from his prison cell in 1883. It polemicizes heavily against contemporary liberal, conservative and even socialist ideas of work. Lafargues criticizes these ideas from a Marxist perspective as dogmatic and ultimately false by portraying the, wrote: "And to think that the sons of the heroes of the Terror The Reign of Terror , also known as the The Terror (French: la Terreur) was a period of violence that occurred four years and two months after the onset of the French Revolution, incited by conflict between rival political factions, the Girondins and the Jacobins, and marked by mass executions of "enemies of the revolution." Estimates have allowed themselves to be degraded by the religion of work, to the point of accepting, since 1848, as a revolutionary conquest, the law limiting factory labor to twelve hours. They proclaim as a revolutionary principle the Right to Work. Shame to the French proletariat! Only slaves would have been capable of such baseness."

See also

Articles of the Universal Declaration of Human Rights The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly (10 December 1948 at the Palais de Chaillot, Paris). The Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world. The Declaration arose directly from the experience of the Second World War and
General principles

Article 1: Freedom Freedom is the right to act according to ones will without being held up by the power of others. From a philosphical point of view, it can be defined as the capacity to determine your own choices. It can be defined negatively as an absence of subordination, servitude and constraint, Egalitarianism Egalitarianism or Equalism is a political doctrine that holds that all people should be treated as equals and have the same political, economic, social, and civil rights. Generally it applies to being held equal under the law and society at large. In actual practice, one may be considered an egalitarian in most areas listed below, even if not, Dignity Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of Enlightenment-era beliefs that individuals have God-given, inviolable rights, and thus is closely related to concepts like virtue, respect, self-respect, autonomy, human rights, and and Brotherhood In most societies throughout the world, siblings usually grow up together and spend a good deal of their childhood with each other. This genetic and physical closeness may be marked by the development of strong emotional associations such as love or enmity. The sibling bond is often complicated and is influenced by factors such as parental Article 2: Universality of rights Moral universalism is the meta-ethical position that some system of ethics, or a universal ethic, applies universally, that is, for "all similarly situated individuals", regardless of culture, race, sex, religion, nationality, sexuality, or other distinguishing feature. Moral universalism is opposed to moral nihilism and moral relativism
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created on 16 December 1966 and entered into force on 23 March 1976

Article 1 and 2: Right to freedom from discrimination The right to freedom from discrimination is a internationally recognised human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined in international human rights law through its inclusion in the International Covenant on Civil and · Article 3: Right to life Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being. The concept of a right to life is central to debates on the issues of capital punishment, euthanasia, self defense, abortion and war. The right to life is, liberty Liberty is a concept of political philosophy and identifies the condition in which an individual has the right to act according to his or her own will and security of person Security of person or security of the person is a human right guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a right respected in the Constitution of Canada, the Constitution of South Africa and other laws around the world · Article 4: Freedom from slavery Slavery is a form of forced labor in which people are considered to be, or treated as, the property of others. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to receive compensation . Evidence of slavery predates written records, and has existed to · Article 5: Freedom from torture and cruel and unusual punishment Cruel and unusual punishment is a statement implying that governments shall not inflict such treatment for crimes, regardless of their degree of severity. It was founded in the English Bill of Rights, which was signed in 1689 by King William III and Queen Mary II who were then the joint rulers of England, Scotland, and Ireland following the ' · Article 6: Right to personhood The term person in common usage means an individual human being. In the fields of law, philosophy, medicine, and others, the term also has specialised context-specific meanings · Article 7: Equality before the law Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges. Legal egalitarianism admits no class structures entail separate legal practices. Thus, canon law, star chambers, and aristocracy are alike · Article 8: Right to effective remedy from the law A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g. the United States), the law of remedies distinguishes between a legal remedy (e.g · Article 9: Freedom from arbitrary arrest, detention Arbitrarily arresting and detaining persons contradicts rule of law established in democracies as well as habeas corpus and is thereafter illegal in those regimes. It is often a characteristic of dictatorships or police states, which may also engage in forced disappearance and exile Exile means to be away from one's home while either being explicitly refused permission to return and/or being threatened by prison or death upon return. It can be a form of punishment · Article 10: Right to a fair trial The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed · Article 11.1: Presumption of innocence The presumption of innocence – being considered innocent until proven guilty – is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who are restrained and ordered by law to · Article 11.2: Prohibition of retrospective law An ex post facto law or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into · Article 12: Right to privacy Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, but share basic common themes. Privacy is sometimes related to anonymity, the wish to remain unnoticed or · Article 13: Freedom of movement Freedom of movement, mobility rights or the right to travel is a human rights concept which is respected in the constitutions of numerous states. It asserts that a citizen of a state, in which that citizen is present, generally has the right to leave that state, travel wherever the citizen is welcome, and, with proper documentation, return to that · Article 14: Right of asylum Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or Church sanctuaries (as in medieval times). Political asylum should not be mistaken with modern refugee law, which rather deals · Article 15: Right to a nationality Nationality is the relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person and affords the person the protection of the state · Article 16: Right to marriage Marriage is a social, religious, spiritual, emotional and/or legal union of individuals that creates kinship. This union may also be called matrimony, while the ceremony that marks its beginning is usually called a wedding and the married status created is sometimes called wedlock and family Family denotes a group of people or animals affiliated by a consanguinity, affinity or co-residence. Although the concept of consanguinity originally referred to relations by "blood," anthropologists[who?] have argued that one must understand the idea of "blood" metaphorically, and that many societies understand 'family' life · Article 17: Right to property Property is any physical or virtual entity that is owned by an individual or jointly by a group of individuals. An owner of property has the right to consume, sell, rent, mortgage, transfer and exchange his or her property. Important widely-recognized types of property include real property , personal property (physical possessions belonging to an · Article 18: Freedom of thought Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. It is closely related to, yet distinct from, the concept of freedom of expression, conscience Conscience is an ability or a faculty that distinguishes whether one's actions are right or wrong. It leads to feelings of remorse when one does things that go against his/her moral values, and to feelings of rectitude or integrity when one's actions conform to our moral values. It is also the attitude which informs one's moral judgment before and religion In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and does not persecute believers in other faiths · Article 19: Freedom of opinion and expression Freedom of speech is the freedom to speak freely without censorship or limitation. The synonymous term freedom of expression is sometimes used to denote not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. Freedom of speech and freedom of expression are closely · Article 20.1: Freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as a human right, a political freedom and a civil liberty · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage
International Covenant on Economic, Social and Cultural Rights

Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property
Context, limitations and duties

Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Category:Human rights · Human rights portal
Particular human rights
Civil and political Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression (freedom of information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life
Economic, social and cultural Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to housing · Right to development · Right to health · Right to healthcare · Right to water · Right to food · Right of return
Reproductive Family planning · Reproductive health · Abortion · Freedom from involuntary female genital cutting
War and conflict Civilian · Combatant · Freedom from genocide · Prisoner of war
Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.

References

  1. ^ http://www.departments.bucknell.edu/russian/const/77cons02.html#chap07 1977 Soviet Constitution

Categories: Human rights | Labor rights

 

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The Perfect Substitute: Determinants of Right-to-Work laws
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The Perfect Substitute: Determinants of Right-to-Work laws

Matt E. Ryan

ue, 02 Jun 2009 20:45:00 GM

I ran across an interesting paper today while reading about an unrelated topic, "The Determinants and Effects of . Right-to-Work. Laws: A Review of Recent Literature" by William J. Moore. It's from 1998, and the effects part of it doesn't ...

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