Waste pickers: Unlawful occupiers or vulnerable workers?

This article discusses how a waste picker's rights to human dignity as well as to work and an ability to earn a livelihood are inextricably linked together. When an individual's property rights threaten a vulnerable worker's ability to earn a livelihood, such rights must be weighed against each other and evaluated in context. A private landowner is expected to accept a certain limitation of property rights when a vulnerable person's ability to work, and therefore right to human dignity, is in the balance. Waste pickers are vulnerable members of society, and existing rights, such as the ability to access landfills -which, in turn, affords the right to earn a livelihood - should be protected. Not protecting waste pickers' right to work and ability to earn a livelihood undervalues their labour despite the contribution it makes to limiting the negative environmental effects of waste.

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Publication Details

Journal
Law Democracy & Development
Published
2025-03-28
DOI
https://doi.org/10.17159/2077-4907/2025/ldd.v29.5
Primary Topic
Labor Movements and Unions
Type
article
Field-Weighted Citation Impact
0.00
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article

Waste pickers: Unlawful occupiers or vulnerable workers?

Samantha Smit
Law Democracy & Development
Labor Movements and Unions
article

Waste pickers: Unlawful occupiers or vulnerable workers?

Samantha Smit
article en

Abstract

This article discusses how a waste picker's rights to human dignity as well as to work and an ability to earn a livelihood are inextricably linked together. When an individual's property rights threaten a vulnerable worker's ability to earn a livelihood, such rights must be weighed against each other and evaluated in context. A private landowner is expected to accept a certain limitation of property rights when a vulnerable person's ability to work, and therefore right to human dignity, is in the balance. Waste pickers are vulnerable members of society, and existing rights, such as the ability to access landfills -which, in turn, affords the right to earn a livelihood - should be protected. Not protecting waste pickers' right to work and ability to earn a livelihood undervalues their labour despite the contribution it makes to limiting the negative environmental effects of waste.

Law Democracy & DevelopmentVol. 29
University of Johannesburg (ZA)
Openalex Percentile: Top 92%
Labor Movements and Unions
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Waste pickers: Unlawful occupiers or vulnerable workers? — Samantha Smit · Law Democracy & Development (2025) | TGRS Research Map | TGRS