|Rights of Individuals: Economic, Social, and Cultural|
|Right to Work, at Equal and Adequate Pay and Reasonable Hours||Labor Rights||Right to Form Unions|
|South African Constitution||§ 22 (right to free choice of trade or occupation)||§23 (labor relations, including the right to form and participate in trade unions, the right to strike, and provisions on employers' organizations and collective bargaining)|
|French 1958 Constitution||1946 Constitution Preamble ¶5 ("le droit d'obtenir un emploi", also prohibits employment discrimination on certain grounds). The Conseil Constitutionnel has never struck down any legislation as violating this vaguely worded right. See Bell, at 157-59.||1946 Constitution Preamble ¶6 (right to defend one’s rights and interests through union action), §7 (the right to strike, subject to regulation of law), §8 (participation of all workers, through their unions, in the determination of conditions of work and in management decisions). These vaguely worded rights have a limited impact on acts of Parliament. See Bell, at 159-65.||1946 Constitution Preamble ¶6 (right to belong to a union of one’s choice)|
|Canadian Charter of Rights and Freedoms||(no provision)||(no provision)||(no explicit provision)|
|Constitution of Argentina||Art. 14bis, ¶1, added by a 1957 Amendment (right of workers to fair and adequate pay; participation in profits and management; no pay discrimination; good working conditions; limited hours and paid vacations; and no arbitrary dismissal).||Art. 14bis, ¶2 (right of unions to bargain and strike, protections for union representatives). Added by a 1957 Amendment||Art. 14bis, ¶1 (right of workers to free and democratic labor unions). Added by a 1957 Amendment.|
|United States Constitution||(no provision)||There is no provision, and caselaw has found only a very limited 1st Amend. freedom of speech-based right to strike and to picket and carry on similar activities during labor disputes. E.g. A.F.L. v. Swing, 312 U.S. 321 (1941); see Rotunda §20.55.||There is no explicit provision, though the right is partially protected by the 1st Amend. freedom of speech and implied freedom of assembly. Caselaw has found that a federal law prohibiting Communists to serve as union leaders does not violate the 1st Amend. See Rotunda, §20.43.|
|Constitution of India||As discussed in the overview of the Indian Constitution, the following provisions may not be enforced in the courts. The State is required to secure the right to work to the extent it is economically feasible, Arts. 39(a), 41, and "just and humane conditions of work." Art. 42.||
(right to carry on any profession, trade, or business), as limited by Art.
19(6) (reasonable restrictions in the interests of the public including the
establishment of professional standards and the protection of state
The State has an unenforceable duty to promote participation of workers in management of their industries (Art. 43).
|Art. 19(1)(c), limited by Art. 19(4)|
|Würzburg Key System||(Key has not yet been developed)||(Key has not yet been developed)||(Key has not yet been developed)|
|Universal Declaration of Human Rights||Art. 23(1)-(3) (the rights to work and to protection from unemployment, to choose employment, to just and favorable conditions, to equal pay for equal work, and to an adequate living wage). See also Art. 24 (right to rest and leisure).||No explicit rights other than the right to form labor unions, at right.||Art. 23(4)|
|Int’l Covenant on Civil and Political Rights||(no provision)||No explicit rights other than the right to form labor unions, at right.||ICCPR Art. 22(1) ("the right to form and join trade unions for the protection of [one's] interests")|