Economic and social Council General Comment n°18 The right to work

General Comment n° 18, Economic and Social Council (UN), the right to work

The Economic Social Council (ESC) defines States obligation to protect, respect and fulfill the right to work. The ESC gives precision on the normative content of the right to work, its personal scope and general legal States' obligations among others.

Article 8 ECHR and deprivation of the right to work of asylum seekers

Long term deprivation of the right to work for asylum seekers as a violation of article 8 ECHR?

This article analyses the implication of article 8 ECHR on the right to work of asylum seekers (and potentially all vulnerable migrants, non- returnables or migrants in need of international protection) deprived of the right to work by governments during long period of time.

The European Convention on Human Rights (ECHR) geographical scope is wider than geographical scope of article 11 of the current Reception Conditions Directive. It might therefore prove a useful tool in European Countries not covered by the Reception Conditions Directive (such as Ireland and Danemark among others).

Interestingly, in ZO and others v. SSHD (see previous post), UK Supreme Court did not choose to examinate deprivation of the right to work under article 8 ECHR (as previously done by 'lowest' court).

Right to work for asylum seekers caselaw South Africa

Asylum seekers right to work or study and the right to dignity

Whilst awaiting outcome of asylum application the South African Department of Home Affairs were reluctant to grant automatic rights to work or study for asylum seekers whilst their main asylum application was pending. The landmark case of Minister of Home Affairs in South Africa and Others v Watchenuka and Another 2004 (4) SA 326 (28 November 2003), the Supreme Court of Appeal found that the general prohibition on work or study for asylum seekers to be unlawful based on the founding right in South African Constitution that everyone has the right to dignity.

Michigan guidelines on the right to work

The Michigan guidelines on the right to work, drafted in November 2009 by the University of Michigan, recall the human rights legal framework relevant to the right to work of refugees and asylum seekers from an international and regional perspectives. It analyses States duties to respect, protect and fulfill the right to work of refugees and asylum seekers.

Caselaw UKSC36 ZO and others (final)

The UK Supreme Court heard on 17-18 May 2010 the first case to reach the highest domestic court raising a question of the proper interpretation of a provision of the EU Reception Directive (2003/9/EC).

The hearing is of interest both in respect of the approach taken to construction of provisions of an EU Directive, and also due to the significant impact it has for a large number of individual asylum seekers who have been trapped in a legal limbo, often for years, waiting for determinations of their fresh claims and without the right to work.

The single issue raised by the appeal was whether a person whose asylum claim has been finally determined against him and who makes a subsequent claim for asylum in the same country, comes within the ambit of the Reception Directive and thus is able to enjoy the benefits conferred by Article 11(2) of that Directive which effectively enables him to work.