LIJDLR

A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL

Adv. Charu Sharma, Practicing Advocate at Jawali, Himachal Pradesh (India)

Shubham Upadhaya, LL.M. Scholar at Faculty of Legal Sciences, Shoolini University, Solan, Himachal Pradesh (India)

This study examines the constitutional status of the right to decent work in India, South Africa, and Brazil, three major democracies of the Global South that confront persistent labour-market inequalities and significant informal employment. The concept of decent work derives from international legal and policy frameworks, particularly the International Labour Organization’s Decent Work Agenda and Articles 6 to 8 of the International Covenant on Economic, Social and Cultural Rights. The research addresses a key gap in comparative constitutional scholarship by analysing the extent to which these jurisdictions recognise, protect, and enforce decent work as a justiciable socio-economic right. Using a doctrinal and comparative methodology, the study evaluates constitutional provisions, judicial decisions, labour legislation, and recent policy developments between 2018 and 2025. The findings reveal that India protects elements of decent work indirectly through Articles 14, 21, and the Directive Principles of State Policy, but does not expressly guarantee an enforceable right. South Africa provides stronger textual protection under Section 23 of its Constitution, although implementation remains uneven, particularly for migrant and informal workers. Brazil constitutionally recognises labour rights under Articles 6 and 7, yet labour deregulation and continuing informality have weakened effective protection. The study concludes that constitutional recognition must be complemented by robust enforcement mechanisms, stronger labour institutions, and inclusive protection for gig, migrant, and informal workers.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 883–898.
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