Labour rights and business rights: when the CLEP has a lack of knowledge in human rights law

The Commission on legal Empowerment of the Poors (CLEP) has identified 4 pillars of legal empowerment. The thir and the fourth pillars are “labour rights” and “business rights”. The problem with this distinction of these two rights is that they are the same, that is to say business rights is an element of labour rights. Both the Committee on economic, social and cultural rights and International Labour Organisation (ILO) place business rights as a category of the right to work. Concerning the Committee on economic, social and cultural rights, it affirms that " It (the right to work) encompasses all forms of work, whether independent work or dependent wage-paid work". Here it’s independant work which is the synonymous of business rights. As to ILO, worker is understood in its conventions to be more than employee and include all forms of work such as self-employment, dometic workers etc. These two sources show that independant work and self-employment are equivalents of business rights and so integral part of the right to work. Another gap of knowledge about business rights is the fact that the CLEP doesn’t know it’s international sources. It has said that business rights is not a human right in it report “business rights need not yet be regarded as a new term in law. Rather it is a composite of existing rights of individuals and groups of people to engage in economic activity and market transactions”. It’s an error to say that business rights need not to be regarded as a new term in law because it’s already recognized in international labour law.

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