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Albin, Einat. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach
2015, In Virginia Mantavalou (ed.), The Right to Work: Legal and Philosophical Perspectives. Bloomsbury
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Added by: Deryn Mair Thomas
Abstract: Rarely do labour law theories draw on disability studies. However, with the growing acceptance that both disability and labour are human rights issues that are concerned with dignity and equality, and that both fields of study tempt to address the social context of disadvantage, an opportunity emerges to bring the two discourses together. In this chapter, I take advantage of this opportunity to discuss the right to work. The interest lies in the new and crucially important direction that Article 27 of the Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) has taken. Article 27, the latest international human rights instrument that has been adopted regarding the right to work, offers what I consider to be an innovative and welcome approach towards this right, while addressing some of the main concerns that were raised in the literature regarding the right to work as adopted in other international human rights documents and implemented in practice.

Comment: This text presents several interesting arguments regarding the right to work of persons with disabilities and its relationship with a universal right to work. It can be used, first, to engage students with literature at the intersection of critical disability theory and philosophy of work; and second, to further discuss philosophical questions concerning who should have access to good work and why.

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Greene, Amanda. Making a Living: The Human Right to Livelihood
2019, In Jahel Queralt and Bas van der Vossen (eds.), Economic Liberties and Human Rights. Routledge.
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Added by: Deryn Mair Thomas
Abstract: In this chapter I argue that we have a human right to livelihood. Although some economic rights have been defended under a human rights framework, such as freedom of occupation and the right to an adequate standard of living, the right to livelihood requires a separate defense. We have a livelihood when we are able to exercise some control over how we generate income and accumulate wealth. I argue that this control is good in itself, and that it leads to two further goods, social contribution esteem and a sense of self-provision. Beyond its being a right per se, having a livelihood also fulfills Joseph Raz’s conditions for being a constitutional right, insofar as it is a right that can be fairly and effectively protected through legal mechanisms, and for being a human right, insofar as it a right that can be suitably enforced through a system of international law.

Comment: Greene's perspective, although not the same as Penner's, does share some important features, and as a result, she presents an argument for a right to livelihood which can help push students into another set of questions related to this weeks topic. These ask whether having agency over one's material resources and the manner of their acquisition is so important as to be essential, and consequently, whether that can be considered a right. One could also use this text to challenge the dominant rights narrative - perhaps a having a livelihood is essential, but not the sort of good that can be protected by rights. In that case, one could use the text to explore what other ways this important human capability might be protected, and by whom.

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