The Right to Rest in the Workplace as a Human Right: A Comparative Analysis of India, the United Kingdom, and Japan
Year: 2026
Type: article
Abstract: Rest is not a pause in production; it is a precondition of human dignity, health, and social participation. The right to rest and leisure is recognized in Article 24 of the Universal Declaration of Human Rights (UDHR) and Article 7(d) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), yet it is realized in practice only through domestic labour law. This paper examines how three structurally different legal orders India, the United Kingdom, and Japan translate that human-rights commitment into binding working-time rules, and evaluates the gap between formal entitlement and lived enjoyment. It argues that all three protect a minimum platform of rest, but diverge along three axes: the constitutional/human-rights status they accord to rest; the flexibility mechanisms (opt-outs, 36 Agreements, sectoral exemptions) that hollow out those floors; and the enforcement architecture. Legal recognition without an enforceable remedy and without a cultural right to disconnect leaves the right to rest largely nominal.
Source: Archives of Business Research
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225653032