Item 3: Resolution Entitled “Right to Work” A/HRC/28/L.26
Explanation of Position by the Delegation of the United States of America
Human Rights Council 28th Session
Geneva, March 27, 2015
We joined consensus yesterday on the resolution on the Right to Work in recognition that this right is enshrined in article 23 of the Universal Declaration on Human Rights. However, we are concerned that this resolution impinges upon the roles and responsibilities of the ILO. Although we are able to join consensus, we do not believe that this Council should undertake further action on this topic. We should not take up the limited time and resources of this Council and of the Office of the High Commissioner on a topic that is already well-resourced through another international institution.
The United States joins consensus on the understanding that this resolution does not imply that states must join human rights instruments to which they are not a party, or otherwise implement obligations under these instruments. Furthermore, in joining consensus, the United States does not recognize any change in the current state of treaty or customary international law. We interpret this resolution’s references to the right to work and the right to the enjoyment of just and favorable conditions of work with respect to States Parties to the ICESCR, in light of its Article 2(1).