[{"command":"settings","settings":{"pluralDelimiter":"\u0003","suppressDeprecationErrors":true,"ajaxPageState":{"libraries":"eJxLzi9K1U8pKi1IzNFLyUzMyU_XS8xKrAAAajEI0Q","theme":"rimap","theme_token":null},"ajaxTrustedUrl":[],"csp":{"nonce":"6g4A73OL2WJFo9aAtbrXPw"},"user":{"uid":0,"permissionsHash":"aa71182581ac9d8b7fdf535efbd9231f2243f7dd74060a4c121bf6aa2541c2c5"}},"merge":true},{"command":"add_css","data":[{"rel":"stylesheet","media":"all","href":"\/sites\/default\/files\/css\/css_mC14btIbpvq2MlLlPcEiIIDwlT2D5Ahqs68qchaw-Ko.css?delta=0\u0026language=en\u0026theme=rimap\u0026include=eJxLzi9K1U8pKi1IzNFLzEqs0ElGEkjJTMzJTwcA8A8NXQ"}]},{"command":"add_js","selector":"body","data":[{"src":"\/sites\/default\/files\/js\/js_nNOCPZaYQr3UtoQvK7TKrDLq-pl2HrWIVsw0hc_h5CA.js?scope=footer\u0026delta=0\u0026language=en\u0026theme=rimap\u0026include=eJxLzi9K1U8pKi1IzNFLyUzMyU_XS8xKrAAAajEI0Q"}]},{"command":"openDialog","selector":"#drupal-modal","settings":null,"data":"\u003Ch5\u003EWork and Workplace Rights\u00a0\u003C\/h5\u003E\u003Cp\u003E\u003Cp\u003E\u003Cstrong\u003ERight to work\u202f\u003C\/strong\u003E\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EInternational human rights law recognizes a right to work as the right of everyone the opportunity to gain his\/her living by work which is freely chosen or accepted (see for example Article 23 of the UDHR). The right to work and other work-related rights are key factors in enabling livelihoods and economic inclusion of forcibly displaced persons.\u0026nbsp;\u0026nbsp;The right to work does not include a guarantee of a job, or an absolute and unconditional right to obtain employment.\u202f Rather, the right to work is the right to participate in the labour market, for example, by being able to seek wage-earning employment or start a business and produce and sell goods or services. In turn, States have obligations to facilitate IDPs and refugees\u2019 access to decent work opportunities and to prohibit forced or compulsory labour (see also the section on Liberty and Security of Person).\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EPeople forced to flee face many legal and practical barriers that hinder their access to work, including administrative restrictions the lack of recognition of previous qualifications, or in the specific case of refugees, employers\u2019 lack of knowledge about refugees\u2019 rights. Restrictions to the freedom of movement, housing, land and property rights and the lack of access to relevant services, training, certification, social protection and employment and business registration may further limit access to employment opportunities.\u0026nbsp; In recognition of these constraints, the right to work for refugees is protected in the Refugee Convention, which provides refugees with the right to wage-earning employment, self-employment and the practice of liberal professions. The Refugee Convention prescribes a level of treatment for refugees that is relative, depending on their legal status in the country, and connected to treatment that is provided to other non-nationals or nationals (Ref). The Refugee Convention accords a right to refugees (including asylum seekers) lawfully staying in the country, the most favourable treatment accorded to nationals of a foreign country in the same circumstances.\u0026nbsp;\u0026nbsp;Moreover, the Refugee Convention recommends that States shall try to align the rights of refugees with those of nationals and provide some relaxation from restrictions if the refugee has had a lawful stay for three years or more or has a spouse or child with the nationality of the host country. Developing states are allowed to gradually facilitate refugees\u2019 access to employment opportunities, with consideration for resource and capacity constraints as well as needs and priorities.\u202f\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EThe Global Compact on Refugees provides that, in order to foster inclusive economic growth for host communities and refugees, in support of host countries and subject to their relevant national laws and policies, States and relevant stakeholders will contribute resources and expertise to promote economic opportunities, decent work, job creation and entrepreneurship programmes for host community members and refugees, including women, young adults, older persons and persons with disabilities.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EAlongside the psychological distress caused by forced displacement, the decreased ability of individuals to independently pursue livelihoods and economic activities increases the impoverishment risk for forcibly displaced and further heightens their vulnerability. Not only do they often find themselves far from areas where work is available, but they also frequently face discriminatory barriers to training, education and employment while displaced \u2013 including with the view to maintain their readiness to return once conditions allow.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EWhile the right to work enables IDPs\u2019 right to an adequate standard of living (Principle 18), Principle 22(b) of the Guiding Principles on Internal Displacement ensures that IDPs can participate in economic activities without discrimination compared to the rest of the population.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EStates can adopt measures to prevent IDPs from falling into long-term dependency on external aid during displacement and to facilitate their economic integration or reintegration into society, thereby contributing to the achievement of durable solutions. In particular, states should adopt relevant measures to guarantee that IDPs have non-discriminatory access to opportunities to exercise their right to work. Examples of such measures include technical and vocational guidance and training programs, provisional work programs, initiatives to facilitate labour market access, and measures to ensure access to land and other economic resources (e.g., credit or non-financial inputs). The participation of the IDPs should be actively promoted in the development of these measures to identify and build upon their existing skills, qualifications and aspirations, ensuring economic self-sufficiency. Engaging with host populations is also essential to minimise potential negative impact and foster social cohesion.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003EWorkplace rights\u003C\/strong\u003E\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EInternational human rights and labour law also stipulates a right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular, remuneration which provides all workers, as a minimum, with fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; a\u0026nbsp; decent living for themselves and their families, safe and healthy working conditions; equal opportunity for everyone to be promoted in their employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EThis is also recognized in the Refugee Convention, which stipulates that States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of\u0026nbsp; remuneration, including hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women\u2019s work and the work of young persons, and the enjoyment of the benefits of collective bargaining. Decent work for refugees means opportunities for work that is productive and delivers a fair income, as well as security in the workplace and social protection for families, prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in decisions that affect their lives and equality of opportunity and treatment for people of any gender.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EDisplacement increases vulnerability. Consequently, IDPs are more exposed to unprotected work in the informal economy, as well as forced labor, forced prostitution and underage recruitment, in particular women and children (please also refer to the section on Liberty and Security of Person). Principle 22(2) of the Guiding Principles on internal displacement elaborates on the prohibition of discrimination in respect to the enjoyment of the right to work and related workplace rights. Indeed, the rights to equal treatment in employment and occupation, just and favorable remuneration, and equal and adequate conditions, apply to all individuals without distinction of any kind, including on grounds of being displaced.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EAchieving this equality may require special or promotional measures to address the specific challenges faced by vulnerable or marginalized groups, including IDPs. These measures should aim to eliminate the sources sources of discrimination or develop targeted support for those most in need. States should, in particular, guarantee just and favorable conditions of work, including: fair wages and remuneration for work of equal value without distinction of any right, the right to freedom of association and effective recognition of collective bargaining, a decent living for workers and families, safe and healthy working conditions, equal opportunities for promotion, adequate rest and leisure and reasonable limitation of working hours. Children must receive special protection from exploitation and any form of work that interferes with their physical and mental development.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EDecent work for forcibly displaced persons is fundamental to their capacity for resilience and self-reliance, benefiting both the displaced persons and host communities and societies and enhancing prospects for durable solutions.\u003C\/p\u003E\u003C\/p\u003E","dialogOptions":{"dialogClass":"general-guidance-popup","width":"50%","modal":true,"title":"General guidance related to this right category","classes":{"ui-dialog":"general-guidance-popup"}}}]