The slide set provides a brief understanding as to prospects and challenges in identifying right to work as a fundamental right under a future constitution of sri lanka.

1. Vishni Lakna Ganepola

2. ▪The right to work means the right of everyone to the
opportunity to gain his living by work while being able to
choose employment without interference from the authorities.
▪In spite of its great significance, the right to work itself is
relatively less noted and is not recognized by many countries
including Sri Lanka.

4. ▪ Under Chapter III of the Sri Lankan Constitution the fundamental
human rights of the Sri Lankans that need to be protected are
defined. Unfortunately, right to work or right to employment is
nowhere to be seen defined as a fundamental human right under the
constitution.
▪ The rising unemployment would lead to the wake of financial crisis
and therefore as a nation all the Sri Lankans might get affected.
▪ The right to employment influences every other human rights value.
▪ Therefore, enshrining right to employment as a fundamental right
may allow everybody to attain a higher standard of living and
equality among individuals.

6. ▪ What is right to work?
▪ Is the right to work internationally recognized?
▪ Is the right to work recognized as a fundamental human right under
the current Sri Lankan Constitution?
▪ What lead towards the recognition or non-recognition of right to work
as a fundamental human right under the current Sri Lankan
Constitution?
▪ Importance of recognizing right to work as a fundamental human
right.
▪ Potential negative impacts of recognizing right to work.
▪ Examples from selected jurisdiction.
▪ Suggestions for possible law reforms.

8. ▪ To examine and determine the concept, nature and purpose of right to
employment.
▪ To determine whether the ‘right to employment’ is internationally recognized.
▪ To determine whether the current constitution of Sri Lanka identifies the
concept of ‘right to employment’.
▪ To study and evaluate the causes which lead toward recognition or non-
recognition of ‘right to work’.
▪ To identify and evaluate the positive and negative impacts of recognizing ‘right
to employment’ as a fundamental human right under a future constitution of Sri
Lanka.
▪ To study the operation of ‘right to employment’ as a fundamental human right in
the jurisdictions who recognizes the concept constitutionally.
▪ To suggest possible law reforms for a future constitution.

10. Recognizing the right to employment as a fundamental
human right under a future constitution of Sri Lanka is
essential for protecting other human rights and as well as
forms an inseparable and inherent part of human dignity.
Regrettably, the current Sri Lankan Constitution does not
recognize the right to employment as a fundamental human
right.

12. ▪A library based qualitative research
▪Obtaining the expert opinion on suggesting
possible law reforms

14. ▪The right to work is guaranteed employment which
emphasizes that everyone be given the opportunity to work
for a basic living wage so that the people can be put in a
position to live their life with human dignity.
▪Two aspects
- Guaranteed Employment
- Allowing individuals to choose employment without
interference from authorities

15. ▪ Article 23(1) of the Universal Declaration of Human Rights 1948
▪ Article 6 of the International Covenant on Economic, Social and Cultural
Rights 1948
▪ International Covenant on Civil and Political Rights 1966
▪ Article 1(2) of the International Labour Organization Convention No. 122
▪ Article 1 of the European Social Charter

16. ▪ No express provision in the Constitution of Sri Lanka recognizes right to
work as a fundamental human right.
▪ Since the right to work is interrelated with other human rights especially
with freedom of occupation, it can be submitted that Sri Lankan
Constitution indirectly recognizes the right to work.
But..
▪ Does that succeed in bringing out the true effect of the right?

17. ▪State has to undertake an unnecessary burden.
▪The countries have a very vague idea about the importance of
recognizing the right.
▪What is work?
▪Sri Lanka’s macro-economic achievements.

18. ▪Prerequisite for protection of other constitutionally recognized
human rights.
▪Salaried work - principle way of distributing the national
income.
▪Reducing the unemployment rate of the country.
▪Economic development and economic democracy

19. ▪Unnecessary burden on the government.
▪Sri Lanka is a developing country. So full employment is next
to impossible.
▪The government is already struggling with finding solutions
for unemployment issues in Sri Lanka.
▪Flood gates

20. ▪India
▪China
▪South Africa

21. ▪Sri Lanka can constitutionally recognize the right within its
economic capacity and development.
▪While to avoid flood gate consequences, a duty can be
enforced on the individuals to work, whereby individuals
shall be considerably reluctant in making their applications
to courts since they are also obliged to search and acquire
the employment opportunities.

22. ▪ The Constitution of India
▪ The Constitution of the Democratic Socialist Republic of Sri Lanka
▪ The Constitution of the People’s Republic of China
▪ The Constitution of South Africa
▪ European Social Charter 1966
▪ International Covenant on Civil and Political Rights 1966
▪ International Covenant on Economic, Social and Cultural Rights 1948
▪ International Labour Organization Convention No.122
▪ Universal Declaration of Human Rights 1948
▪ Slade D. B. E. and others,“Tolley’s Employment Handbook”, (29th edition, LexisNexis, 2015)
▪ Alfredsson G. and Eide A.(ed),“Universal Declaration of Human Rights- A common standard of
Achievement”, (Kluwer Law International, Netherlands 1999)
▪ Chakraborty S. K.,“Right to Employment in India: A Jurisprudential Approach”,
<http://ssrn.com/abstract=1996450> accessed 8th July 2016

23. ▪ Nagan W.,“Human Right and Employment” (2009), < http://www.worldacademy.org/node/1643>
accessed 11th July 2016
▪ Philip K.,“Towards a right to work:The rationale for an employment guarantee in South Africa”,
<http://www.plaas.org.za/sites/default/files/publications-pdf/philip.pdf > accessed 12th July
2016
▪ Central Bank of Sri Lanka, Annual Report 2015
▪ <http://hrlibrary.umn.edu/edumat/IHRIP/circle/modules/module10.htm> accessed 10th July
2016