Interpreting the Right to Work and its Application in the South African Legal Framework

Abstract

The article discusses the right to work within the context of South Africa. South African law, at present, does not provide for a right to work as provided for by the International Covenant on Economic, Social and Cultural Rights (ICESCR). Implementing the right to work might address the high unemployment rate in South Africa and it is concerning that the right to work has not yet been considered as potential solution. The aim of the article is to interpret the right to work through the interpretive lens of the United Nations Committee on Economic, Social and Cultural Rights. The article discusses the obligations created by the ICESCR and the progress the government of South Africa has made to meet the state obligations relating to the right to work as provided by the ICESCR. The article concludes with a comprehensive definition of the right to work and suggests that the government of South Africa, adopt the right to work immediately as a means to avoid further hardship partially caused by the lack of a rights framework guaranteeing the right to work in South Africa.

Keywords

• work
• state obligations
• decent work
• discrimination
• minimum wage
• social assistance