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工作是人得以生存的途径,并且是获得发展的源泉。从某种意义上来说,享有工作权,是人能享有人权的前提条件。因此,《经济、社会及文化权利国际公约》通过一系列规定赋予人们工作权。作为该条约的加入国,我国也在《劳动法》及相关的劳动法规中对工作权给予了一定的规范,同时,也取得了一定的成就。但是,我们应该清楚的认识到,我国在保护人的工作权方面还存在着许多不足之处。下文,笔者将从几个主要方面探讨工作权在我国保护不充分的原因,从而可以从一个角度看到《经济、社会及文化权利国际公约》在我国实施的障碍成因。
Work is a way for people to survive and is a source of development. In a sense, enjoying the right to work is a prerequisite for human rights. Therefore, the International Covenant on Economic, Social and Cultural Rights gives people the right to work through a series of provisions. As the acceding country of the treaty, our country also gave some norms to the right to work in the “Labor Law” and related labor laws and regulations, meanwhile, we also made some achievements. However, we should clearly recognize that there are still many deficiencies in our country in protecting the right to work of people. In the following, the author will explore the reasons for the inadequate protection of the right to work in our country from several major aspects, so that we can see from one angle the causes of the obstacles that the “International Covenant on Economic, Social and Cultural Rights” has implemented in our country.