The right to work as a fundamental human right and the relationship between quaranter restrictions and the right to work

Abstract

The article is devoted to the issue of the fundamental nature of the right to work and its relationship with quarantine restrictions. The relevance of this topic is the need to clarify the fundamental questions of the expediency of restricting the right to work of unvaccinated workers, to answer the question of whether it is appropriate to restrict the fundamental right that ensures human existence.
 It is emphasized that the right to work throughout history has been fundamental to a person, which allows them to exercise other rights. It is indicated the place of the right to work in the concept of human rights. The issue of normative enshrinement of the right to work in the Constitution of Ukraine is raised and it is pointed out that the Constitution of Ukraine does not contain a clear indication that the right to work may be limited.
 The article reveals the content of the right to work in the context of the state's obligations to provide the population with work and guarantee equal opportunities. The state must guarantee everyone real access to work in order to ensure the human right to exist.
 Analyzing the relationship between the right to work and quarantine restrictions, the authors draw attention to the fundamental content of the right to work, as well as established guarantees of equal opportunities for the right to work. In view of this, the purpose of quarantine restrictions and a broad interpretation of the right to work is considered.
 It is concluded that the right to work should not be restricted, and quarantine restrictions are disproportionate to the right to work. Quarantine is temporary, and the state is obliged to ensure that measures related to it do not limit a person's ability to exercise his or her right to work, receive wages or other living resources in the long run. Dismissal can be seen as pressure on workers in order to force them to be vaccinated. It can be seen as discrimination in the workplace, which is unacceptable in the light of previous statements by the state.