International legal obligations on the right to work

Human Rights and Work

What is the Human Right to Work? What are the Human Rights of Workers?

The Human Right to Work is the human right of all women, men, youth and children to dignified, creative and productive labor, free from discrimination and exploitation, enabling all persons to live in peace, security, justice and dignity. All workers have human rights to basic labor protections. Engagement in any kind of production should be fruitful and rewarding.

The Human Rights at Issue

The human right of all persons to dignified and fulfilling work includes the following universal, indivisible, interconnected and interdependent human rights:

Bill allowing Burmese refugees to work in Malaysia

This article sums up the 2010 debate following the bill allowing Burmese refugees to work in Malaysia.

Right to work for Palestinian refugees in Lebanon

Those who are interested by the law that was passed in Lebanon to allow Palestinian refugees to work, and by an analysis of its limit, will usefully refer to Jillian C. York article and Oussama Hayek blog. For an in depth analysis of the right to work of Palestinian refugees situation in Lebanon, see also Elizabeth Hebert post and Najdeh webpage, an NGO conducting a campaign on the right to work for Palestinian refugees in Lebanon with the support of Christianaid.


Christian Aid's work and Najdeh are campaigning for the right to work

Asylum Access campaign on the right to work for refugees

Asylum Access is an American NGO campaigning, among others, for the right to work of refugees around the world.

UNHCR Interpretation of the notion of 'Lawful stay' (Geneva Convention on Refugee Status)

UNHCR in its note ‘Lawfully staying’-A note on Interpretation' dating from 1988 interprets the notion of the 'lawful stay' of asylum seekers and refugees. The 1951 Geneva Convention on Refugee Status (GCRS) does not use the term asylum seekers but covers them. Lawful stay is a pre-requisite for asylum seekers and/ or refugees to access the rights granted under the conditions of article 17 and 19 GCRS (right to wage-earning and right to exercise a liberal profession). 
Article 18 GCRS does not require asylum seekers to be 'lawfully staying' in the host country, as mere "lawful presence" is required to grant the right to work on asylum seekers and refugees who are self- employed under the conditions of article 18 GCRS.  
One will refer to Pr. Grahl Madsen comments on article 17 to 19 Geneva Convention on Refugee Status for more information on the scope of the right to work of asylum seekers and refugees.

Legal comments on art. 17- 19 Geneva Convention on refugee status, right to work

COMMENTARY ON THE 1951 REFUGEE CONVENTION (GCRS)

(by Professor Atle Grahl-Madsen, 1962-1963)

Professor Grahl- Madsen commentaries will be of great use to lawyers, judges and legal actors who analyse deprivation of the right to work of asylum seekers and refugees in the light of article 17 to 19 of the GCRS. Article 17, 18 and 19 grant the right to work to asylum seekers and refugees when they are 'lawfully present' or 'lawfully staying' in the host country. UNHCR 'Note on 'lawful staying' and the 'Michigan Guidelines on the right to work' contains some elements of definition of the notion of 'lawful stay' and 'lawful presence'. 'Lawful stay' and 'lawful presence' should indeed be understood according to an international definition and not according to national domestic measures.