Australian Capital Territory Current Acts

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HUMAN RIGHTS ACT 2004 - SECT 27B

Right to work and other work-related rights

    (1)     Everyone has the right to work, including the right to choose their occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.

    (2)     Everyone has the right to the enjoyment of just and favourable conditions of work.

    (3)     Everyone has the right to form or join a work-related organisation, including a trade union, with the objective of promoting or protecting their economic or other social interests.

    (4)     Everyone has the right to protection against acts of anti-union discrimination in relation to their employment.

    (5)     Everyone is entitled to enjoy these rights without discrimination.

Examples—discrimination

discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status

Note 1     Section 28 sets out what must be considered in deciding whether a limit on rights is reasonable.

Note 2     Aspects of rights under this section are considered at international law to be subject to an obligation of progressive realisation.

Note 3     An international law relevant to interpreting progressively realisable rights is Article 8 (4) of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. That article provides for consideration of the reasonableness of steps taken to progressively realise rights and notes that a range of possible policy measures for the implementation of rights may be adopted.



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