Therefore, the term "well‐being" is used to refer to all those areas (or dimensions, indeed) taken into consideration for an assessment of one's life. Seligman adds a positive sense, defin‐ ing well‐being as a positive assessment of an individual's life, which includes positive emo‐

For decades, the idea has been accepted that this kind of research was useful when it referred to third world countries, later labeled "developing," which did not enjoy high enough levels of income and consumption to guarantee a sufficient degree of well‐being. It was believed that the Western countries, given the well‐established high standard of living and the ability to access a wide range of services in all areas of life (health, education, social security, etc.), did not need such studies. For this reason, the attention of scholars and economists has often been given to the measurement of strictly economic variables, such as production, consump‐ tion, and per capita income. In this way, the increase of wealth and social progress was closely

However, the political and economic events that have occurred since the early 1970s and 1980s have questioned this paradigm, highlighting an increase of inequalities even in high‐

The relationship between the individual's well‐being and economic well‐being, while being in part undeniable, is therefore not so solid; the interpretation proposed in the literature by Amartya Sen shows that well‐being depends on many other factors [2, 15–20]. The attempts to identify and quantify these factors, developed over the years, are an integral part of welfare economics and statistics, but they are now also very important for the initiatives of national and international institutions, which have the primary goal to provide guidelines and direc‐ tions for policy interventions [21]. It is possible to make a distinction based on the origin of the different measures; the first category is based on the idea that access to certain goods or services constitutes a prerequisite of well‐being, and this access is quantified through the use of "Social indicators of objective variables." A second type of measure directly regards the psychological states of individuals, through the results obtained from investigations on the subjective well‐being, and from research on the dynamics concerning emotional experiences;

of well‐being approach [10], and the central human capabilities approach [11].

tions, engagement, satisfaction, and meaning [12].

linked to the growth of GDP per capita [13].

income countries, both in access to resources and to services [14].

these measures are called "Subjective Indicators of Well‐being."

necessary for their fulfillment.

152 Quality of Life and Quality of Working Life

The analysis of the literature offers several solutions to derive a priori what should be the most appropriate variables to be included in an indicator. The choice, of course, is conditioned both by the availability of data and by the purposes of the indicator itself [34–40]. The choice of variables depends on several considerations, although there seem to be no strict and validated criteria prevailing. However, we may highlight some common practices. The availability of the data constitutes one of the most difficult problems to solve; in fact, it conditions the choice of variables to be included, and so, ultimately, the very composition of the indicator [41, 42].

To define the scope of investigation, we performed a preliminary analysis on the data avail‐ ability and opted to build an index on a regional basis, using variables included in the mul‐ tipurpose survey on Italian households, carried by the Italian Institute of Statistics (ISTAT).

With the aim of a subsequent aggregation of the variables, we chose to maintain the same weight to each indicator, reducing interference to a minimum, even if the choice to assign the same weight to all the variables implies an implicit judgment on the variables [43]. We also note that some authors [44, 45] identify the equal weighting of the variables as the preferred procedure adopted in most applications, failing to agree [46] on the adoption of alternative procedures [47, 48].

In order to proceed with the construction of the indicators, after identifying the reference area to select the variables and build the indexes, we proceeded according to the classic addi‐ tive model, which represents the most used model in the literature. The classic methodology aims to realize an index [34, 36, 49, 50], consisting of the weighted [34] or non‐weighted sum [36, 49, 50] of the previously selected partial indicators.

The indicators were obtained by adding the contributions of selected variables (**Table 1**). Due to the lack of homogeneity of the selected variables, in terms of units of measurement, it was considered necessary to carry out standardization. The variables with different scales, in fact, would have a different weight in the calculation of the total score compared to the other vari‐ ables [51]. Therefore, for each observation, we calculated the z‐scores for each of the variables under consideration, obtained by subtracting at each observation the value of the average of the regions and dividing the result by the standard deviation of the regions. The index of education consists of the non‐weighted sum of three z‐scores, and the one related to cultural participation, instead, uses six z‐scores [36, 49, 50, 52].

The index of education is calculated as the non‐weighted sum of *Z*i : given:

$$Z\_{\mathbf{x}\_1} = \frac{\mathbf{x}\_1 - \mu \mathbf{x}\_1}{\sigma \mathbf{x}\_1} \ Z\_{\mathbf{z}\_2} = \frac{\mathbf{x}\_2 - \mu \mathbf{x}\_2}{\sigma \mathbf{x}\_2} \ Z\_{\mathbf{z}\_3} = \frac{\mathbf{x}\_3 - \mu \mathbf{x}\_3}{\sigma \mathbf{x}\_3} \tag{1}$$

and being *xi* and *σ xi* (*i* = 1, 2, 3), the averages and standard deviations of the variables under consideration for the area are equal to:

$$\text{Euclidean index: } \sum\_{1}^{3} Z\_{1} \tag{2}$$

Similarly, the social participation index is calculated as the non‐weighted sum of the remain‐ ing *Zi* given:

$$Z\_4 = \frac{\mathbf{x}\_4 - \mu \mathbf{x}\_4}{\sigma \mathbf{x}\_4} Z\_5 = \frac{\mathbf{x}\_5 - \mu \mathbf{x}\_5}{\sigma \mathbf{x}\_5} \quad Z\_6 = \frac{\mathbf{x}\_6 - \mu \mathbf{x}\_6}{\sigma \mathbf{x}\_6} Z\_7 = \frac{\mathbf{x}\_7 - \mu \mathbf{x}\_7}{\sigma \mathbf{x}\_7} Z\_8 = \frac{\mathbf{x}\_8 - \mu \mathbf{x}\_8}{\sigma \mathbf{x}\_8} Z\_9 = \frac{\mathbf{x}\_9 - \mu \mathbf{x}\_9}{\sigma \mathbf{x}\_9} \tag{3}$$

and being *μ xi* and *σ xi* (*i* = 4, 5, 6), the averages and standard deviations of the variables under consideration for the area, the index is equal to:

$$\text{Cultual participation index:} \sum\_{\mathsf{T}}^{\mathsf{g}} Z\_{\mathsf{l}} \tag{4}$$

Positive values of the indexes indicate situations of cultural well‐being while, on the contrary, negative index values identify deficit situations. Note that the indexes are the sum of addenda that can be positive or negative and, therefore, may compensate each other in some way.

A composite indicator is obtained through the standardized sum of the two indicators. It is called "Composite Index of Education and Cultural Participation (ICIC)" normalized to the minimum value, thus obtaining a value of 0 for the region in the last position.

$$\texttt{icinc}: \mathring{\mathfrak{f}} \,\, \mathbf{s}\_{\parallel} \tag{5}$$

In the variables that make up the indicator, we chose to exclude cinema and concerts—except for those of classical music—because they are considered mainly as leisure activities.

**Table 1.** The variables considered (ISTAT, 2013, Italian male and female population aged between 15 and 64)1 .

### **3. Results**

With the aim of a subsequent aggregation of the variables, we chose to maintain the same weight to each indicator, reducing interference to a minimum, even if the choice to assign the same weight to all the variables implies an implicit judgment on the variables [43]. We also note that some authors [44, 45] identify the equal weighting of the variables as the preferred procedure adopted in most applications, failing to agree [46] on the adoption of alternative procedures [47, 48].

In order to proceed with the construction of the indicators, after identifying the reference area to select the variables and build the indexes, we proceeded according to the classic addi‐ tive model, which represents the most used model in the literature. The classic methodology aims to realize an index [34, 36, 49, 50], consisting of the weighted [34] or non‐weighted sum

The indicators were obtained by adding the contributions of selected variables (**Table 1**). Due to the lack of homogeneity of the selected variables, in terms of units of measurement, it was considered necessary to carry out standardization. The variables with different scales, in fact, would have a different weight in the calculation of the total score compared to the other vari‐ ables [51]. Therefore, for each observation, we calculated the z‐scores for each of the variables under consideration, obtained by subtracting at each observation the value of the average of the regions and dividing the result by the standard deviation of the regions. The index of education consists of the non‐weighted sum of three z‐scores, and the one related to cultural

> *Z*2 = *x*2 − *μ x* \_\_\_\_\_\_2 *σ x*2

Similarly, the social participation index is calculated as the non‐weighted sum of the remain‐

Positive values of the indexes indicate situations of cultural well‐being while, on the contrary, negative index values identify deficit situations. Note that the indexes are the sum of addenda that can be positive or negative and, therefore, may compensate each other in some way.

A composite indicator is obtained through the standardized sum of the two indicators. It is called "Composite Index of Education and Cultural Participation (ICIC)" normalized to the

> 1 2

*Z*6 = *x*6 − *μ x* \_\_\_\_\_\_6 *σ x*6

minimum value, thus obtaining a value of 0 for the region in the last position.

: given:

*Z*8 = *x*8 − *μ x* \_\_\_\_\_\_8 *σ x*8

*Zi* (2)

*Z*9 = *x*9 − *μ x* \_\_\_\_\_\_9 *σ x*9

*Zi* (4)

*SJ* (5)

(1)

(3)

*Z*3 = *x*3 − *μ x* \_\_\_\_\_\_3 *σ x*3

(*i* = 1, 2, 3), the averages and standard deviations of the variables under

1 3

*Z*7 = *x*7 − *μ x* \_\_\_\_\_\_7 *σ x*7

(*i* = 4, 5, 6), the averages and standard deviations of the variables under

4 9

[36, 49, 50] of the previously selected partial indicators.

participation, instead, uses six z‐scores [36, 49, 50, 52].

Education index: ∑

*Z*5 = *x*5 − *μ x* \_\_\_\_\_\_5 *σ x*5

Cultural participation index: ∑

consideration for the area, the index is equal to:

ICIC: ∑

*Z*1 = *x*1 − *μ x* \_\_\_\_\_\_1

consideration for the area are equal to:

and *σ xi*

154 Quality of Life and Quality of Working Life

*σ x*4

and *σ xi*

and being *xi*

 given: *Z*4 = *x*4 − *μ x* \_\_\_\_\_\_4

and being *μ xi*

ing *Zi*

The index of education is calculated as the non‐weighted sum of *Z*i

*σ x*1

In this section, using the set of indicators and the above methodology, we proceed to the analy‐ sis of the results obtained through a Composite Index of Education and Cultural Participation (ICIC) built ad hoc from the synthesis of the two thematic indicators of education and cultural participation.

The ICIC index has both positive and negative values indicating better education and partici‐ pation, and vice versa. Therefore, in order to allow better reading, we show the rank value in a ranking that assigns 1 to the best region and 20 to worst (**Table 2**).

First, in order to evaluate the correct choice of the indicator, we proceeded to evaluate the rela‐ tionship existing between the two thematic indicators. Then, we observed the link between the composite indicator and the GDP per capita.

The link between the indicators of education and cultural participation is measured by the Pearson coefficient of linear correlation—which is equal to 0.73636—indicating that the two variables express a direct relationship between them.

**Table 2.** Ranking of Italian regions according to scores of the composite ICIC indicator.

It appears useful at this point to compare the ICIC index with a variable that expresses the economic well‐being. As a proxy, we chose the variable of GDP per capita. The data is pro‐ vided by ISTAT, with reference to the year 2011 (see **Appendix Table 1**).

The existing relationship can be measured on the actual values of the variables by using the Pearson coefficient. This turns out to be 0.80473, indicating that cultural well‐being is higher in regions where the GDP per capita is higher.

**Figure 1** relates the rank of the two classifications, highlighting the situations of greater dis‐ parity between the two quantities analyzed.

We observe a difference between the position in the ranking of Valle D'Aosta as regards GDP per capita (2nd) and the level of the ICIC (14th), of Umbria, 12th and 6th, respectively, of Friuli‐Venezia Giulia, 9th for GDP per capita and 3rd for the ICIC index, of Sicily, 17th for GDP per capita and last for the ICIC. The other regions have positions that deviate slightly from one variable to the other.

**Figure 1.** Comparison of the ranks between the ICIC and the GDP per capita of the Italian regions.

### **4. Discussion**

It appears useful at this point to compare the ICIC index with a variable that expresses the economic well‐being. As a proxy, we chose the variable of GDP per capita. The data is pro‐

The existing relationship can be measured on the actual values of the variables by using the Pearson coefficient. This turns out to be 0.80473, indicating that cultural well‐being is higher

**Figure 1** relates the rank of the two classifications, highlighting the situations of greater dis‐

We observe a difference between the position in the ranking of Valle D'Aosta as regards GDP per capita (2nd) and the level of the ICIC (14th), of Umbria, 12th and 6th, respectively, of Friuli‐Venezia Giulia, 9th for GDP per capita and 3rd for the ICIC index, of Sicily, 17th for GDP per capita and last for the ICIC. The other regions have positions that deviate slightly

vided by ISTAT, with reference to the year 2011 (see **Appendix Table 1**).

**Table 2.** Ranking of Italian regions according to scores of the composite ICIC indicator.

**Rank Regions Index** Trentino‐Alto Adige/Südtirol 6.07 Lazio 5.65 Friuli‐Venezia Giulia 5.36 Emilia‐Romagna 5.21 Lombardia 4.51 Umbria 4.51 Toscana 3.99 Liguria 3.83 Marche 3.8 Veneto 3.2 Piemonte 3.2 Abruzzo 3.08 Sardegna 2.6 Valle d'Aosta/Vallée d'Aoste 2.25 Molise 1.56 Basilicata 1.22 Puglia 0.74 Campania 0.27 Calabria 0.14 Sicilia 0

156 Quality of Life and Quality of Working Life

in regions where the GDP per capita is higher.

parity between the two quantities analyzed.

from one variable to the other.

First, it is helpful to look at some situations closely linked to the Italian context. Contrary to what is suggested by Checchi [53], the Italian regions have neither an enrolment rate nor a cultural participation rate homogeneous from north to south. The regions are not arranged randomly but, with the exception of the Valle d'Aosta/Vallée d'Aoste, all north‐ ern regions appear in the top positions above the average; on the contrary, most of the regions of Southern Italy appear in the last places with considerable differences between them and the northern regions. The strong presence of criminal organizations could partly explain this result, at least for Sicilia, Calabria, and Campania, located in the last three rankings [54, 55]. The geographical stratification is similar to that shown by the disposable income per capita, as confirmed by the calculation of the Pearson coefficient between the two values (0.80), which implies a very close relationship between education and cultural participation, and income. On closer analysis, separating the two thematic indicators and later correlating them with GDP per capita, it can be observed that cultural participation is the driving indicator, with a linear correlation coefficient of Bravis Pearson equal to 0.89, versus a thematic education index of 0.61. Both indicators appear to be influenced by the economic possibilities of the households. Costs, such as the price of a ticket, are elements that prevent participation in an event, just like education can be heavily influenced by eco‐ nomic aspects. In addition to these economic barriers, there are also some informational and social ones: certain activities (such as attendance to theater performances and classical music concerts), used as variables in the indicator, are in fact traditionally linked to more affluent social classes. This interpretation also explains the good relationship recorded between educational and cultural participation indicators and GDP per capita, because people from the upper classes tend to continue more easily their studies for economic rea‐ sons [56, 57]. The relationship between the ICIC index and the GDP per capita implies a clear relationship between education, cultural participation, and available resources; one can easily observe that, in the richest regions, people have more resources to be allocated for this purpose, while in the poorest regions that possibility is more difficult to realize.

However, a rather important difference remains, which is not explained by income availability and that persists in the identification of cultural well‐being, income per capita being equal. Although this conclusion confirms a concept related to cultural participation already found in the literature [28–30], it can be said that such relationship can also be applied to a more general idea of participa‐ tion, which includes social participation and the use of free time and continuing education.

### **5. Conclusion**

This research developed from the assumptions that basing the measurement of cultural well‐ being only on economic parameters can be misleading, and that the use of social indicators can be a way to overcome this obstacle; they also provide a useful tool for evaluating policies implemented by policy‐makers.

In this light, the results have produced conflicting directions: on one hand, even if GDP per capita can be considered a reasonable approximation to the well‐being, it is still not enough to give a complete and comprehensive description, making it necessary to expand the amount of essential information to complete the evaluation as much as possible. However, the good value of the Spearman's Rho coefficient leads to think that, all in all, GDP per capita gives an approximately similar result to the index of cultural well‐being; on the other hand, it does not account for a number of essential elements related to cultural training, which can create more or less useful bases for an improvement in well‐being.

The assumptions that form the basis for this research are that basing a measure of cultural well‐being only on a few parameters can be misleading, and that using social indicators can be a way to overcome this obstacle. Indicators are a sensitive tool and each of them represents a number that can have greater or lesser significance depending on the importance that is given to them and on the knowledge available to interpret them. On the other hand, it is evi‐ dent that in societies that are oriented towards performance, the indicators are valuable data. Furthermore, an indicator is the only means that we have at our disposal to give a numerical form to the efforts and results of economic and social policies, so it would be a mistake to deny their usefulness or underestimate their use.

It is necessary to point out that the quantitative exercise carried out is structurally based on the use of statistical data. The information provided by the data should not be considered an indisputable truth, nor the best description possible of the phenomenon; it should instead be taken for what it is, i.e., the representation of the phenomenon analyzed, extrapolated from a set of proxies. This representation, however true and accurate, is still only a representation. What statistical data gathers is only a small portion of the truth, an approximation of it. A large amount of data can, therefore, guarantee a satisfactory approximation of reality, but it is not a substitute for it. This is particularly true when the intention is to provide a synthesis of the data available, which leads to a further loss of information. It is only by bearing in mind these aspects that it is possible to evaluate what the indicator reveals.

It is possible to open debates and make hypotheses, considering cultural well‐being either a universal or totally subjective concept; it is possible to discuss abilities and applications. However, social policies, public investment, and government decisions are real quantities, economic means, and resources that are distributed among the population. Here lies the importance of the indicator: it is a tool to direct policies and its aim is to provide information to decision‐makers.

In this perspective, the analysis of the cultural well‐being distribution in the Italian regions makes it possible to study issues related to the development of social capital in the northern and southern areas, thus highlighting the gap and enabling the decision‐maker to apply pos‐ sible corrections.

### **Appendix**

music concerts), used as variables in the indicator, are in fact traditionally linked to more affluent social classes. This interpretation also explains the good relationship recorded between educational and cultural participation indicators and GDP per capita, because people from the upper classes tend to continue more easily their studies for economic rea‐ sons [56, 57]. The relationship between the ICIC index and the GDP per capita implies a clear relationship between education, cultural participation, and available resources; one can easily observe that, in the richest regions, people have more resources to be allocated for this purpose, while in the poorest regions that possibility is more difficult to realize.

However, a rather important difference remains, which is not explained by income availability and that persists in the identification of cultural well‐being, income per capita being equal. Although this conclusion confirms a concept related to cultural participation already found in the literature [28–30], it can be said that such relationship can also be applied to a more general idea of participa‐ tion, which includes social participation and the use of free time and continuing education.

This research developed from the assumptions that basing the measurement of cultural well‐ being only on economic parameters can be misleading, and that the use of social indicators can be a way to overcome this obstacle; they also provide a useful tool for evaluating policies

In this light, the results have produced conflicting directions: on one hand, even if GDP per capita can be considered a reasonable approximation to the well‐being, it is still not enough to give a complete and comprehensive description, making it necessary to expand the amount of essential information to complete the evaluation as much as possible. However, the good value of the Spearman's Rho coefficient leads to think that, all in all, GDP per capita gives an approximately similar result to the index of cultural well‐being; on the other hand, it does not account for a number of essential elements related to cultural training, which can create more

The assumptions that form the basis for this research are that basing a measure of cultural well‐being only on a few parameters can be misleading, and that using social indicators can be a way to overcome this obstacle. Indicators are a sensitive tool and each of them represents a number that can have greater or lesser significance depending on the importance that is given to them and on the knowledge available to interpret them. On the other hand, it is evi‐ dent that in societies that are oriented towards performance, the indicators are valuable data. Furthermore, an indicator is the only means that we have at our disposal to give a numerical form to the efforts and results of economic and social policies, so it would be a mistake to deny

It is necessary to point out that the quantitative exercise carried out is structurally based on the use of statistical data. The information provided by the data should not be considered an indisputable truth, nor the best description possible of the phenomenon; it should instead be taken for what it is, i.e., the representation of the phenomenon analyzed, extrapolated from

**5. Conclusion**

158 Quality of Life and Quality of Working Life

implemented by policy‐makers.

or less useful bases for an improvement in well‐being.

their usefulness or underestimate their use.

**Appendix Table 1.** Ranking of the Italian regions relative to GDP.

### **Author details**

Enrico Ivaldi\* and Marta Santagata

\*Address all correspondence to<EMAIL_ADDRESS>
Department of Political Science, University of Genoa, Italy

### **References**

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Department of Political Science, University of Genoa, Italy

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162 Quality of Life and Quality of Working Life

### **The Mammoth Task of Realising the Right to Life: A South African Perspective Provisional chapter**

Erika M. Serfontein **The Mammoth Task of Realising the Right to Life: A South African Perspective**

Erika M. Serfontein

Additional information is available at the end of the chapter

Additional information is available at the end of the chapter

http://dx.doi.org/10.5772/67632

*Life is not a problem to be solved but a reality to be experienced*

Soren Kierkegaard

*Life is not about finding yourself, it is about creating yourself*

George Bernard Shaw

#### **Abstract**

Concentrating on South Africa, this chapter critically scrutinises the realisation of every‐ one's right to life as guaranteed in section 11 of the Constitution of the Republic of South Africa. Although the right to life is explored within the ambit of an international legal framework, realising the right to life in South Africa, with its history of demeaning the value of the life of the majority of its inhabitants in the past, forms the main pivot of discussion. It is argued that, despite the 1996 Constitution's promise to heal these past divisions and improve the quality of life of all citizens and free each person's potential, the State has been ambivalent about realising everyone's right to life. As part of post‐ apartheid transformation, the State has, on the one hand, made substantial progresses in creating a supporting and legal environment for the attainment of a better life for some of its inhabitants. On the other hand, reality still reflects poignantly flaws in freeing every‐ one's potential, thus highlighting the mammoth task that lies ahead.

**Keywords:** right to life, human dignity, quality, poverty, discrimination

*Life is not a problem to be solved but a reality to be experienced*

George Bernard Shaw

*Life is not about finding yourself, it is about creating yourself* © 2017 The Author(s). Licensee InTech. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

> © 2016 The Author(s). Licensee InTech. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0), which permits unrestricted use, distribution,

and reproduction in any medium, provided the original work is properly cited.

### **1. Introduction**

Life is regarded as being God‐given to all human beings [1]. The right to life, by itself, is thus not conferred to humans by the law [2]. It is a moral right independent of the law, since humans possess it simply by virtue of their nature as being human [3, 4]. Based on their uniqueness, the Supreme Court of New York in *Park v Chessin,* 1977 60 AD 2d 80, 400 NYS 110*,* acknowledged the fact that each human being is born as a whole, functional human being. As such, various authors [5, 6] advocate that each person must be treated as a complete human individual with inherent worth despite being different from others.

The inherent nature of the right to life is specifically recognised by the International Covenant on Civil and Political Rights [7], Convention on the Rights of the Child [8], the African Charter on the Rights and Welfare of the Child [9] and the Arab Charter on Human Rights [10]. Albeit its intrinsic nature, various international [11], regional [12] and foreign [13] legal instruments recognise the necessity of legally protecting the right to life. This necessity is welcomed as it serves as proof of the value attributed to the sanctity of life by the law [14]. It is, alongside, proclaimed that legal systems should create a liberating framework, providing legal subjects with qualities of moral support and independence [15].

The prominence placed on human life is, accordingly, internationally recognised as a legal entitlement by, inter alia, the Universal Declaration of Human Rights guaranteeing the "right to life, liberty and security of person" in article 3, by the International Convention on Civil and Political Rights [16], through article 6, providing that "Every human being has the inher‐ ent right to life which shall be protected by law and that no one shall be arbitrarily deprived of his life", as well as by the United Nations Convention on the Rights of the Child. The right to life is, concomitantly, guaranteed to all people by regional instruments such as the European Convention on Human Rights and Fundamental Freedoms [17], the American Convention on Human Rights [18], the African Charter on Human and Peoples Rights [19] plus the African Charter on the Rights and Welfare of the Child [20].

It is submitted that the acknowledgement of the human's inherent worth by the law justi‐ fies the empowerment of everyone through all means to live full lives [21]. The latter was underscored by the General Comments and Recommendations, delivered by the Human Rights Treaty Bodies [22], stating that the inherent right to life must be dealt with in a broader manner requiring from States to adopt positive measures to enhance human life. Various authors [23–25] agree with this broader interpretation as to include, amongst other, a personal (encompasses an individualised claim to a basic quality of life and meaningful existence, the principle of the "sanctity of life" should take precedence over other rights [26]) right to the basic necessities of life, such as housing, education and health care (socio‐economic rights). A narrow interpretation, on the other hand, would restrict the right to life to being a non‐dero‐ gable right that must be respected under all circumstances [27], thus merely entailing the right to be physically alive and to breath (physical‐biological existence) [3, 4, 28].

In taking a broader approach to the interpretation of the right to life, the United Nations Convention on the Rights of the Child, through article 6, obliges all State Parties to recognise that every child has the inherent right to life and to ensure, to the maximum extent possible, the survival and development of the child. The General Comments and Recommendations [22] on the right to life in the context of the International Covenant on Civil and Political Rights concomitantly state that for the protection of the right to life by law, mandate positive measures must be taken by States in order to safeguard this right.

**1. Introduction**

166 Quality of Life and Quality of Working Life

Life is regarded as being God‐given to all human beings [1]. The right to life, by itself, is thus not conferred to humans by the law [2]. It is a moral right independent of the law, since humans possess it simply by virtue of their nature as being human [3, 4]. Based on their uniqueness, the Supreme Court of New York in *Park v Chessin,* 1977 60 AD 2d 80, 400 NYS 110*,* acknowledged the fact that each human being is born as a whole, functional human being. As such, various authors [5, 6] advocate that each person must be treated as a complete human

The inherent nature of the right to life is specifically recognised by the International Covenant on Civil and Political Rights [7], Convention on the Rights of the Child [8], the African Charter on the Rights and Welfare of the Child [9] and the Arab Charter on Human Rights [10]. Albeit its intrinsic nature, various international [11], regional [12] and foreign [13] legal instruments recognise the necessity of legally protecting the right to life. This necessity is welcomed as it serves as proof of the value attributed to the sanctity of life by the law [14]. It is, alongside, proclaimed that legal systems should create a liberating framework, providing legal subjects

The prominence placed on human life is, accordingly, internationally recognised as a legal entitlement by, inter alia, the Universal Declaration of Human Rights guaranteeing the "right to life, liberty and security of person" in article 3, by the International Convention on Civil and Political Rights [16], through article 6, providing that "Every human being has the inher‐ ent right to life which shall be protected by law and that no one shall be arbitrarily deprived of his life", as well as by the United Nations Convention on the Rights of the Child. The right to life is, concomitantly, guaranteed to all people by regional instruments such as the European Convention on Human Rights and Fundamental Freedoms [17], the American Convention on Human Rights [18], the African Charter on Human and Peoples Rights [19] plus the African

It is submitted that the acknowledgement of the human's inherent worth by the law justi‐ fies the empowerment of everyone through all means to live full lives [21]. The latter was underscored by the General Comments and Recommendations, delivered by the Human Rights Treaty Bodies [22], stating that the inherent right to life must be dealt with in a broader manner requiring from States to adopt positive measures to enhance human life. Various authors [23–25] agree with this broader interpretation as to include, amongst other, a personal (encompasses an individualised claim to a basic quality of life and meaningful existence, the principle of the "sanctity of life" should take precedence over other rights [26]) right to the basic necessities of life, such as housing, education and health care (socio‐economic rights). A narrow interpretation, on the other hand, would restrict the right to life to being a non‐dero‐ gable right that must be respected under all circumstances [27], thus merely entailing the right

In taking a broader approach to the interpretation of the right to life, the United Nations Convention on the Rights of the Child, through article 6, obliges all State Parties to recognise

to be physically alive and to breath (physical‐biological existence) [3, 4, 28].

individual with inherent worth despite being different from others.

with qualities of moral support and independence [15].

Charter on the Rights and Welfare of the Child [20].

Both positive and negative obligations are, however, placed on State Parties. While nega‐ tive duties include the State refraining from doing anything that could endanger the lives of human beings, the positive responsibilities include the duty that all possible/reasonable measures should be taken to realise life opportunities and ensure that all live a life worth liv‐ ing, taking economic, social and cultural conditions into account [29]. The Manual on Human Rights Reporting [30], equally, referred to both negative and positive State measures. This Manual identified the negative measures requiring from States "to refrain from any action that may intentionally take life away" and the positive measures, as those "designed to pro‐ tect life", including "increasing life expectancy, diminishing infant and child mortality, com‐ bating diseases and rehabilitating health as well as providing adequate nutritious foods and clean drinking water". These encapsulate the creation of an environment that shows respect to human dignity by States in order to, to the maximum extent of their available resources, promote human survival and ensure optimal development which, in turn, demand the com‐ plete and holistic (physical, intellectual, emotional, spiritual, moral, psychological and social) development of at least every child [31, 32]. These positive measures, flowing forth from the right to life, entail the prerequisites for the optimal safeguarding and perpetuation of human life [33].

Since the main aim of this chapter is to provide a South African perspective on the practical realisation of the right to life, section 11 of the Constitution of the Republic of South Africa guaranteeing everyone the right to life is depicted by the way of a literature review as well as a legislative and case law analysis. Regard is taken of this country's historical experiences [34, 35] and future normative orientated Constitution promising the healing of past inequali‐ ties, the improving of the quality of life of all citizens and freeing the potential of each person in its preamble. The hope, this Constitution instilled in South Africans, is researched against the reality experienced by the majority of South Africans still anticipating a better, dignified life free from, especially, poverty.

*Life is a dream for the wise, a game for the fool and a comedy for the rich, a tragedy for the poor*

Sholom Aleichem

### **2. The right to life within a legislative framework**

It was suggested that a broad definition of the right to life should be adopted in order to include much more than mere human existence. It is rather a right to the full enjoyment of human existence, without which, life would be meaningless [36]. This is underscored by the Preamble of the Constitution of the RSA guaranteeing all a life that is worth living. The latter entails the living of a dignified life requiring that all humans be empowered to enjoy the ben‐ efits of humanity on an equal basis [21], since life is substantially diminished without dignity. An analysis of South African case law indicates that the Constitutional Court and High Court have, on several occasions [37], highlighted the importance of human dignity as a constitu‐ tional value when interpreting the right to life. As a justiciable and enforceable right, human dignity must, on the other hand, at all times, be respected and protected [38], thus obliging legal systems not to regard humans as mere objects that may be treated and punished as the State sees fit, but rather as autonomous subjects worthy of legal protection, physical and psy‐ chological growth and developed to being active participants in society [39, 40].

The kind of citizen being envisaged is one who will be instilled with values and act in the well‐being of society based on respect for democracy, life, human dignity, equality and social justice. In accordance, the National Education Policy Act, 27 of 1996 [41], demands a school curriculum that aims at developing the full potential of each learner. It aims at creating life‐ long learners who are confident and independent, literate, numerate and multiskilled, com‐ passionate, with a respect for the environment and the ability to participate in society as a critical and active citizen.

 The protection of the right to life coupled with the right to physical integrity was, for example, argued to be individually crucial and mutually foundational to the value system underscored by the Constitution in *Ex parte Minister of Safety and Security: In Re S v Walters* 2002 (4) SA 613 (CC) para 28, as well as in *Bernstein v Bester N.N.O.* 1996 (2) SA 751 (CC) at para 67–68.

From another perspective, the courts in *H v Fetal Assessment Centre* 2015 2 SA 193 (CC) and in *Stewart v Botha* 2008 (6) SA 310 (SCA) paras 23 and 27 were confronted with wrongful life claims posing difficult moral, ethical and social challenges. In these cases as well as in the case of *Friedman v Glicksman* 1996 (1) SA 1134 (W), it had to be considered whether the plaintiffs have suffered loss by giving birth to a child with disabilities and thus incapable of having a full and dignified life to live due to the doctors' not informing them of the unborn child's disabilities in which case they would have aborted the foetus. The enormous task for courts herein lies in the balancing of conflicting rights such as the right to life of the unborn child, the freedom of the parents' self‐determination and the economic burden such a child may place on them. Such a balancing act cannot be performed by using a common normative currency such as the legal convictions of the community as it forms part of a wider political, social or moral decision‐making process in an open democratic society [47, 48].

The right to life comprises much more than debating the legal medical and moral implica‐ tions regarding abortion, the constitutionality of the death penalty [34, 35] or the right to die with dignity [49]. Emphasis must be placed on allowing everyone to live life in the fullest sense of the word. In this regard, non‐discrimination, an adequate standard of living, human survival—the right to have positive steps taken to prolong life—and holistic human develop‐ ment—adding a new dimension to life—[42] are dynamic concepts encapsulated in the right to life that must be taken cognisance of despite them presenting enormous challenges in opti‐ mally implementing the right to life in practice [33]. The mammoth task herein lies in over‐ coming the many encounters inhibiting humans to better themselves, optimally developing their talents and abilities to their fullest potential whilst living a responsible life in a society to which they feel a sense of belonging and wherein they can be free to be themselves [30]. With regard to living responsible lives, it is cautioned that, although people may differ on the interests which justify the right to life, they can nonetheless reach agreement that all has this right and use it as a basis to live and let live [50, 51]. The latter requires all to acknowledge that every right, even those inborn rights, has a concomitant duty.

Preamble of the Constitution of the RSA guaranteeing all a life that is worth living. The latter entails the living of a dignified life requiring that all humans be empowered to enjoy the ben‐ efits of humanity on an equal basis [21], since life is substantially diminished without dignity. An analysis of South African case law indicates that the Constitutional Court and High Court have, on several occasions [37], highlighted the importance of human dignity as a constitu‐ tional value when interpreting the right to life. As a justiciable and enforceable right, human dignity must, on the other hand, at all times, be respected and protected [38], thus obliging legal systems not to regard humans as mere objects that may be treated and punished as the State sees fit, but rather as autonomous subjects worthy of legal protection, physical and psy‐

The kind of citizen being envisaged is one who will be instilled with values and act in the well‐being of society based on respect for democracy, life, human dignity, equality and social justice. In accordance, the National Education Policy Act, 27 of 1996 [41], demands a school curriculum that aims at developing the full potential of each learner. It aims at creating life‐ long learners who are confident and independent, literate, numerate and multiskilled, com‐ passionate, with a respect for the environment and the ability to participate in society as a

It is moreover emphasised that the integrity [42] including physical integrity, honour, reputa‐ tion [43] and privacy [44–46] of humans needs to be protected in order to allow them to live with dignity and to create and develop sound relationships with all other human beings. The protection of the right to life coupled with the right to physical integrity was, for example, argued to be individually crucial and mutually foundational to the value system underscored by the Constitution in *Ex parte Minister of Safety and Security: In Re S v Walters* 2002 (4) SA 613 (CC) para 28, as well as in *Bernstein v Bester N.N.O.* 1996 (2) SA 751 (CC) at para 67–68.

From another perspective, the courts in *H v Fetal Assessment Centre* 2015 2 SA 193 (CC) and in *Stewart v Botha* 2008 (6) SA 310 (SCA) paras 23 and 27 were confronted with wrongful life claims posing difficult moral, ethical and social challenges. In these cases as well as in the case of *Friedman v Glicksman* 1996 (1) SA 1134 (W), it had to be considered whether the plaintiffs have suffered loss by giving birth to a child with disabilities and thus incapable of having a full and dignified life to live due to the doctors' not informing them of the unborn child's disabilities in which case they would have aborted the foetus. The enormous task for courts herein lies in the balancing of conflicting rights such as the right to life of the unborn child, the freedom of the parents' self‐determination and the economic burden such a child may place on them. Such a balancing act cannot be performed by using a common normative currency such as the legal convictions of the community as it forms part of a wider political, social or

The right to life comprises much more than debating the legal medical and moral implica‐ tions regarding abortion, the constitutionality of the death penalty [34, 35] or the right to die with dignity [49]. Emphasis must be placed on allowing everyone to live life in the fullest sense of the word. In this regard, non‐discrimination, an adequate standard of living, human survival—the right to have positive steps taken to prolong life—and holistic human develop‐ ment—adding a new dimension to life—[42] are dynamic concepts encapsulated in the right

moral decision‐making process in an open democratic society [47, 48].

chological growth and developed to being active participants in society [39, 40].

critical and active citizen.

168 Quality of Life and Quality of Working Life

Despite the fact that South African law does not provide for a hierarchy of fundamental rights [28], the Constitutional Court [34, 35] identified the rights to life and human dignity as the most superior fundamental right. This is due to the fact that the Constitutional Court found the right to life being a precursor to all other fundamental rights seeing that humans cannot exercise any of the rights enshrined in the Bill of Rights of the RSA without life itself. It is, in this regard, important also to mention that the normative burdens that are imposed by all other human rights must not be destructive of life or health, that deprive people of fundamen‐ tal freedoms or that treat people in ways that are severely cruel or unfair [52, 53]. Whenever the rights to life and dignity, albeit being unqualified rights in contrast with international law [22, 43], are thus limited in terms of the limitation clause (section 36 of the Constitution of the RSA), they carry a great deal of weight when balanced against any justifications for their infringement [44–46]. Such limitations must thus serve a purpose which is particularly com‐ pelling in an open and democratic society [28].

With regard to life and human dignity, it is, for example, not believed that there could read‐ ily be legitimate purposes, which can justify its infringement/limitation [54]. Perhaps this can only be the case when the purpose of the limitation contains the protection of the life and/or human dignity of others or the protection of other rights, the limitation of which automati‐ cally involves the belittling of another's life, human dignity and/or physical and psychological integrity. Even then, the relation between the limitation and the purpose will be scrutinised very closely in respect of the inclination of the limitation to indeed achieve the purpose, as well as in respect of the possibility that the purpose can be achieved by alternative means [55, 56].

Although international law places both positive and negative duties on State Parties, as explained in the introduction of this chapter, when giving effect to the right to life, the posi‐ tive duties of States necessitate more attention. States are obliged to view the right to life more positively and act more proactively—take deliberate, concrete and clearly targeted steps—in realising it in practice [42]. This is especially applicable to the State's duty to take action to pro‐ tect human life against violation by others [34, 35 para. 117] and fulfil the most basic needs of humans. The latter entails specific focus being placed on the well‐being and health of humans as well as the need for transformative State accountability in dealing with socio‐economic rights. The latter requires more than just setting out abstract norms, but entails the formulation of real‐ istic policies and workable programmes to ensure the implementation and ongoing evaluation of socio‐economic rights as well as the provision of remedies in the event of violations [57]. In light hereof, the next part will cast a light on whether the State indeed fulfilled this obligation.

### **3. The realisation of the right to life in reality**

The emphasis placed on the right to life is, par excellence, influenced by the current life experiences of the people living in South Africa. The history of the past decades has been such that the values of life and human dignity for the majority have been demeaned. Political, social and other factors created a climate of violence resulting in a culture of retribution and revenge of which the multiple xenophobia attacks and killings are but one example. In the process, respect for life and for the inherent dignity of every person became the main casualties. The State has played a huge part in this degeneration, not only because of its role in the conflicts of the past, but also by holding on to punishments which did not conform to a high regard for the dignity of humans and the value of every human life [34, 35, 58].

Subsequently to the adoption of the final Constitution of the Republic of South Africa, 108 of 1996, hopes were placed in the notion of freedom and a better life for all. The right to life, as guaranteed to everyone, validated a promise of opening the doors to a better and positive future for at least the majority of people, thus creating a legitimate expectation amongst the nation [59].

South Africans viewed the Constitution as signifying a significant break with the past, as it gave expression to the values of a more developed society, which relies heavily on morals rather than force, freedom rather than oppression and on equal opportunities rather than discrimination. As such, it was believed that the history of this country should influence the future positively and that all future actions should involve thoughtful thinking about the oppression and human injustices of the past in a manner providing normative direction for an improved future [60].

In this regard, the Bill of Rights of the RSA, guaranteeing the fundamental right to life to everyone, is regarded as playing a pivotal role in the inclusive building of South Africa's new democracy. Its legitimacy is, however, inevitably influenced by the prevalent legality of the democratic order as a whole [39, 40]. This part of the chapter illustrates the dangers of the right to life, as embedded in section 11, having mere symbolic value, if the implementation thereof is approached from a pure legal point of view, thus negating the multidimensional nature of the right to life encapsulating in realty a quality, dignified and enjoyable life.

It is argued that the noble ideals of the Constitution remained an ideal for the majority of South Africans since the concrete, practical daily lives lived by them and the facts they must endure on a daily basis still constitute a direct violation of their right to life [61]. Some of the most vulnerable and marginalised members of society are still being discriminated against and have not, even for a day, felt worthy of human existence [39, 40]. Research conducted in 2012—already 16 years into democracy—for example, found that poverty amongst South Africans and unequal treatment together remain to pose a significant threat to democracy [62]. As a direct result, the legitimacy levels of democracy in this country remain relatively low in comparison with other countries in Africa, albeit its value is supported by the majority [63]. Despite the fact that many factors still inhibit the full realisation of South African's right to life, emphasis can only be placed on these aspects, namely poverty and unequal treatment, within the scope of this chapter.

#### **3.1. Poverty**

**3. The realisation of the right to life in reality**

life [34, 35, 58].

170 Quality of Life and Quality of Working Life

an improved future [60].

within the scope of this chapter.

The emphasis placed on the right to life is, par excellence, influenced by the current life experiences of the people living in South Africa. The history of the past decades has been such that the values of life and human dignity for the majority have been demeaned. Political, social and other factors created a climate of violence resulting in a culture of retribution and revenge of which the multiple xenophobia attacks and killings are but one example. In the process, respect for life and for the inherent dignity of every person became the main casualties. The State has played a huge part in this degeneration, not only because of its role in the conflicts of the past, but also by holding on to punishments which did not conform to a high regard for the dignity of humans and the value of every human

Subsequently to the adoption of the final Constitution of the Republic of South Africa, 108 of 1996, hopes were placed in the notion of freedom and a better life for all. The right to life, as guaranteed to everyone, validated a promise of opening the doors to a better and positive future for at least the majority of people, thus creating a legitimate expectation amongst the nation [59]. South Africans viewed the Constitution as signifying a significant break with the past, as it gave expression to the values of a more developed society, which relies heavily on morals rather than force, freedom rather than oppression and on equal opportunities rather than discrimination. As such, it was believed that the history of this country should influence the future positively and that all future actions should involve thoughtful thinking about the oppression and human injustices of the past in a manner providing normative direction for

In this regard, the Bill of Rights of the RSA, guaranteeing the fundamental right to life to everyone, is regarded as playing a pivotal role in the inclusive building of South Africa's new democracy. Its legitimacy is, however, inevitably influenced by the prevalent legality of the democratic order as a whole [39, 40]. This part of the chapter illustrates the dangers of the right to life, as embedded in section 11, having mere symbolic value, if the implementation thereof is approached from a pure legal point of view, thus negating the multidimensional nature of

It is argued that the noble ideals of the Constitution remained an ideal for the majority of South Africans since the concrete, practical daily lives lived by them and the facts they must endure on a daily basis still constitute a direct violation of their right to life [61]. Some of the most vulnerable and marginalised members of society are still being discriminated against and have not, even for a day, felt worthy of human existence [39, 40]. Research conducted in 2012—already 16 years into democracy—for example, found that poverty amongst South Africans and unequal treatment together remain to pose a significant threat to democracy [62]. As a direct result, the legitimacy levels of democracy in this country remain relatively low in comparison with other countries in Africa, albeit its value is supported by the majority [63]. Despite the fact that many factors still inhibit the full realisation of South African's right to life, emphasis can only be placed on these aspects, namely poverty and unequal treatment,

the right to life encapsulating in realty a quality, dignified and enjoyable life.

Various authors [52, 53, 64], judges [60, 65] and policies [66] urgently call for the realisation of the human freedom from severe poverty, homelessness, poor health and hunger. This is done by endorsing an interest‐based approach to human rights viewing poverty, consisting of a momentous level of material deprivation posing a serious threat to a number of interests such as health, physical security, autonomy, belonging, dignity, participation and friendship. It is argued that this freedom from poverty carries sufficient weight as to justify the imposition of positive duties upon others and the State specifically to protect the extreme poor from further impoverishment and assist those already suffering from severe material deprivation which puts inescapable constrain on their quality of life. This must, however, not remain an ideal in modern society as it did in South Africa. Despite government efforts in the form of allocating 60% of its budget to social wages, spending R1.5 million on erecting free homes and providing for free basic education to the poorest 60% of learners in 2013 alone, statistics indicate that 10.2 million people still suffered from extreme poverty, i.e., those living below the food poverty line, in 2011 [67].

The failure of bridging the economic divide, on which the past was built, has consequently led to increasing inequalities and undiminished levels of crime in this country [61]. It is well documented that criminals often come from the poorer section of society and that, whilst the majority of society are not involved in criminal acts, they live under constant fear of becom‐ ing victims of crime. There is thus no denying that criminal justice and criminal sanctions are essential elements of social order [47, 48].

The High Court concomitantly indicated, in *K v Minister of Safety and Security,* 2005 (6) SA 419 (CC) par. 10, that crimes violate the public's constitutional rights to privacy by invading the victims' personal spheres and murders violate the victim's right to life and, in most cases, his/her family of the right to maintenance and/or support. The Constitutional Court equally emphasised in *Steenkamp NO v Provincial Tender Board, Eastern Cape,* 2007 (3) SA 122 ((CC) para. 37), that the crime of murder entails a direct violation of the constitutional right to life.

In this regard, the State needs to be hold accountable for the high crime rate in South Africa and the legislature should carry the burden of proof to show what is proactively done to stop criminal behaviour, thus respecting everyone's right to life and social security [47, 48]. The State has, moreover, often been found to be the instigators of crimes against humanity thus negating the right to life, dignity and freedom and security of the person [39, 40]. Examples hereof include the extra‐judicial killings by the police during violent suppressions of peaceful demonstrations of which the recent Marikana massacre [68] is but one example. It was in 2012 that the South African Police Force opened fire on striking mineworkers, which ended up in the fateful death of 34 mineworkers and 78 wounded. This amounted to the biggest event of police ruthlessness since the beginning of democracy, and it revived sad memories of the brutality suffered during this country's past. Further examples include the deaths and torture of people whilst being detained as a result of the bad conditions, over populated prisons or the ill treatment of prisoners [42].

Another example include the State's inability to safeguard its nation by providing immunity from arrest and surrender to the President of Sudan, Al Bashir, charged with a crime of genocide by the International Criminal Court in the case of *Minister of Justice and Constitutional Development v Southern Africa Litigation Centre,* 2016 (3) SA 317 (SCA). It is argued that the State, in doing so, failed to protect their inhabitants' right to be protected against people making themselves guilty of war crimes and crimes against humanity and thus also their rights to life, human dignity and the right to freedom and security of the person. As such, the State also negated their obligation to always promote the spirit, purport and objects of the Bill of Rights in terms of section 39(2) thereof. The Supreme Court of Appeal, subsequently, found that the Litigation Centre's failure to deliver Al Bashir to the International Criminal Court was inconsistent with the State's obli‐ gations in terms of section 10 of the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, and thus unlawful.

The State is, however, not only an entity to be blamed for not acting proactively to protect the right to life as all citizens are obliged to respect this right. In *S v Hangue* 2016 (1) NR 258, the Supreme Court of Appeal, for example, argued that, by abusing alcohol, the appellant had acted in breach of his duty of care towards the deceased and others not to infringe on their right to life and, for that reason, convicted the appellant of culpable homicide.

Another important consequence of severe poverty that needs mentioning is the fact that the poor, apart from being deprived of living a minimum desired lifestyle, is repeatedly denied of participation to democracy and social life at large [69]. This is mainly due to the fact that such people are experiencing concomitant extreme levels of desperation—if a person is starving and withered by the illnesses of malnutrition or HIV/AIDS, exposed to high children mortal‐ ity, and poor psychological well‐being, he/she may well not be able to vote or participate to any meaningful degree in political and democratic realm. As such, the very basis of participa‐ tory democracy which is endangered as the poor has an immense role to play in ensuring the practical realisation of socio‐economic rights and thus shaping democratic politics [70]. The latter will not be possible or equitable unless it addresses the material conditions that impede such participation which is adequately addressed [71].

It is, in this regard, that emphasis should be placed on government's responsibility to guaran‐ tee at least a minimum core threshold of social rights that ensures that everyone is free from the general threats to his or her survival [72, 73]. Government needs to be hold accountable for enhancing the general health of its society by providing preventative health‐care measures such as immunisation, the provision of ample education on nutrition, hygiene and environ‐ mental sanitation [30]. Such freedom and the worth thereof are demonstrated by the incor‐ poration of socio‐economic rights in the Constitution of the RSA (and internationally), as providing an entitlement to an adequate, not a low minimum, but a higher standard of living, will enable all individuals to live decent lives [72, 73].

One example of living a decent life is access for all to a sufficient water supply as guaran‐ teed by section 27(1) (b) of the Constitution of the RSA. In the matter of *Mazibuko v City of Johannesburg* CCT 39/09 (2009) ZACC 28, the applicants challenged the said municipal‐ ity's water policy for its potential of depriving the extremely poor Phiri community of their constitutional right to sufficient water. It was claimed that the free basic water provided to them was not sufficient to guarantee them a life with dignity. They based their claim on the constitutional promises to improve quality of life and to make every individual fit to sur‐ vive and argued that the water policy was given effect to by a municipality obsessed with cost recovery through a metering system that mechanically disconnected the water supply once the basic allowance was exhausted, thus leaving the poorest amongst this community without access to sufficient water. The court was left with the mammoth task of determin‐ ing the quantity of water needed to guarantee a right to life and dignity. In doing so, the court considered the obligation imposed on government by these two fundamental rights and whether or not the water policy and other measures taken were sufficient to at least ensure the progressive realisation of this community's right to water. In concluding that it was the municipality's (administrative sphere of government) prerogative and not that of the judiciary to quantify the water needed for basic human survival, the court sidestepped this task and found in favour of the municipality.

by the International Criminal Court in the case of *Minister of Justice and Constitutional Development v Southern Africa Litigation Centre,* 2016 (3) SA 317 (SCA). It is argued that the State, in doing so, failed to protect their inhabitants' right to be protected against people making themselves guilty of war crimes and crimes against humanity and thus also their rights to life, human dignity and the right to freedom and security of the person. As such, the State also negated their obligation to always promote the spirit, purport and objects of the Bill of Rights in terms of section 39(2) thereof. The Supreme Court of Appeal, subsequently, found that the Litigation Centre's failure to deliver Al Bashir to the International Criminal Court was inconsistent with the State's obli‐ gations in terms of section 10 of the Implementation of the Rome Statute of the International

The State is, however, not only an entity to be blamed for not acting proactively to protect the right to life as all citizens are obliged to respect this right. In *S v Hangue* 2016 (1) NR 258, the Supreme Court of Appeal, for example, argued that, by abusing alcohol, the appellant had acted in breach of his duty of care towards the deceased and others not to infringe on their

Another important consequence of severe poverty that needs mentioning is the fact that the poor, apart from being deprived of living a minimum desired lifestyle, is repeatedly denied of participation to democracy and social life at large [69]. This is mainly due to the fact that such people are experiencing concomitant extreme levels of desperation—if a person is starving and withered by the illnesses of malnutrition or HIV/AIDS, exposed to high children mortal‐ ity, and poor psychological well‐being, he/she may well not be able to vote or participate to any meaningful degree in political and democratic realm. As such, the very basis of participa‐ tory democracy which is endangered as the poor has an immense role to play in ensuring the practical realisation of socio‐economic rights and thus shaping democratic politics [70]. The latter will not be possible or equitable unless it addresses the material conditions that impede

It is, in this regard, that emphasis should be placed on government's responsibility to guaran‐ tee at least a minimum core threshold of social rights that ensures that everyone is free from the general threats to his or her survival [72, 73]. Government needs to be hold accountable for enhancing the general health of its society by providing preventative health‐care measures such as immunisation, the provision of ample education on nutrition, hygiene and environ‐ mental sanitation [30]. Such freedom and the worth thereof are demonstrated by the incor‐ poration of socio‐economic rights in the Constitution of the RSA (and internationally), as providing an entitlement to an adequate, not a low minimum, but a higher standard of living,

One example of living a decent life is access for all to a sufficient water supply as guaran‐ teed by section 27(1) (b) of the Constitution of the RSA. In the matter of *Mazibuko v City of Johannesburg* CCT 39/09 (2009) ZACC 28, the applicants challenged the said municipal‐ ity's water policy for its potential of depriving the extremely poor Phiri community of their constitutional right to sufficient water. It was claimed that the free basic water provided to them was not sufficient to guarantee them a life with dignity. They based their claim on the

right to life and, for that reason, convicted the appellant of culpable homicide.

Criminal Court Act 27 of 2002, and thus unlawful.

172 Quality of Life and Quality of Working Life

such participation which is adequately addressed [71].

will enable all individuals to live decent lives [72, 73].

The Mazibuko judgement has been widely discussed. Some [74] agree that the municipality recognised the need to redistribute water resources and services more equitably in adopting a progressive water policy, guaranteeing the provision of a sustenance quantity of water per household per month. Others [42, 75, 76], to the contrary, argue that the municipality should have been held more accountable due to their constitutional obligations and the protection of the severely poor applicants who were subsequently deprived of water, an essential to livelihood.

The court's decision is therefore criticised, as it was based solely on the fulfilment of socio‐ economic rights instead of seeing the bigger infringement on the right to life as water is life. Adopting such a context‐specific approach in line with the *Grootboom v Oostenberg Municipality* 2000 (3) BCLR 277 (C)‐case regarding the provision of adequate housing is critiqued as it is regarded that the judiciary negated their duty to protect citizens from the coercive powers of the State and thus to advance democratic transformation. In this regard, cognisance must also be taken of the reasons why rights often come into conflict with each other. Such con‐ flict is generally created because of the opposing responsibilities they generate for the bearers thereof which cannot always be performed simultaneously—and those responsibilities conflict because the interests they serve clashes [50, 51, 76, 77]. This is especially true when the realisa‐ tion of socio‐economic rights by municipalities is involved. Whilst their responsibility to create better living conditions for their community is evident, they often misuse resources for per‐ sonal gain (corruption).

It is, conversely, understandable that the judiciary, as but one of the three tiers of govern‐ ment, is cautious of overstepping their authority when socio‐economic rights are involved due to the fact that the Constitution of the RSA makes provision in section 27(2) for the State taking reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of socio‐economic rights, thus opening the door for placing more emphasis on available resources that the right to a dignified and quality life that will free everyone's potential [52, 53]. The inevitable result of depriving especially the poor is denying them of becoming full partners in society [71, 78]. This brings us to the second factor identified by research, which poses a threat to democracy, namely the persistence of unequal treatment.

#### **3.2. Unequal treatment**

The Bill of Rights of the RSA places pre‐eminent value on equality, human dignity and life, as well as on freedom and security of persons. These and other rights to freedom of religion and belief, expression and association exist side by side with socio‐economic rights.

When persistent discrimination is concerned, the institutional patterns of cultural values that constitute some as relatively unworthy of respect or esteem in a pluralistic South Africa require serious addressing as they still present a huge challenge in optimally giving effect to everyone's right to life [78]. The balancing of the right to life and cultural values presents a mammoth task as the Constitution of the RSA also allows for everyone to participate in the cultural life of his or her choice (section 30) and that person belonging to a specific cultural community may not be denied to maintain cultural associations (section 31). It is, however, important in these instances to notice that both these sections provide that cultural rights may not be exercised in a manner inconsistent with any other provision such as the right to life, the Bill of Rights. By taking cognisance of the fact that cultural rights may not be inconsistent with the Bill of Rights and the obligation of the judiciary to protect fundamental rights that the courts found in *DPP v Prins (Minister of Justice and Constitutional Development & two amici curiae intervening),* (369/12) [2012] 106 ZASCA para 1 and *S v Chapman* 1997 (3) SA 341 (A) that so‐called corrective rape, albeit its cultural connotation, infringes on the affected women's right to dignity, bodily integrity as it constitutes a humiliating, degrading as well as brutal invasion of the privacy and dignity of the victims. It was moreover found that such women are discriminated against purely by belonging to a particular cultural community. The courts also recognised the fact that women have a legitimate entitlement to live peaceful lives and to enjoy the tranquillity of their homes and families without the fear, the anxiety and the insecurity, which continuously diminishes the quality and enjoyment of their lives.

Apart from women being attributed less respect due to cultural reasons, they are also often the victims of the proprietorial attitude of men towards them. In *S v Mathe* 2014 (2) SACR 298 (KZD), it was, for example, shown that half of women killed in this country are murdered by their own husbands/partners. By regarding murder as the ultimate negation of the right to life, the court avowed that such attitudes and the concomitant presence of domestic violence had reached particularly serious proportions in society and eroded a wide range of the consti‐ tutional rights of women, such as the rights to equality, human dignity, freedom and security of their person, bodily integrity, not to be subjected to servitude, to privacy and the right to freedom of association, thus a ridicule of the right to life. It was also found that such attitudes causing women to live in constant fear are contrary to the ideals of an open democratic society based on values of human dignity, equality and freedom [79].

It is, conversely, not only the attitude of men that constitutes a problem with regard to treating all humans as equals. People with disabilities remain to be a vulnerable group in society, being robbed of living full lives. They are often explicitly and sometimes unintentionally discrimi‐ nated against. It is, in this regard, essential to take note that the law and legislation alone can‐ not address such prejudices [76, 80]. The broader society must be made aware of the fact that even the person with severe and profound disabilities is vested with a right to life and must be afforded special care and education to maximise his/her potential as far as possible [21]. This will ensure that they too have the possibility of being employed and thus free from pov‐ erty. Despite its noble ideal, the State has hitherto not been successful in keeping up with the promises made in White Paper 6 [81] regarding inclusive education that will meet the needs of its diverse learner population and thus freeing everyone's potential to better quality of life [82]. Contradictions were, to the contrary, found in *Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa* 2011 (5) SA 87 (WCC) with regard to the State's policy outwardly embracing inclusive education whilst inwardly remaining exclusionary.

**3.2. Unequal treatment**

174 Quality of Life and Quality of Working Life

The Bill of Rights of the RSA places pre‐eminent value on equality, human dignity and life, as well as on freedom and security of persons. These and other rights to freedom of religion and

When persistent discrimination is concerned, the institutional patterns of cultural values that constitute some as relatively unworthy of respect or esteem in a pluralistic South Africa require serious addressing as they still present a huge challenge in optimally giving effect to everyone's right to life [78]. The balancing of the right to life and cultural values presents a mammoth task as the Constitution of the RSA also allows for everyone to participate in the cultural life of his or her choice (section 30) and that person belonging to a specific cultural community may not be denied to maintain cultural associations (section 31). It is, however, important in these instances to notice that both these sections provide that cultural rights may not be exercised in a manner inconsistent with any other provision such as the right to life, the Bill of Rights. By taking cognisance of the fact that cultural rights may not be inconsistent with the Bill of Rights and the obligation of the judiciary to protect fundamental rights that the courts found in *DPP v Prins (Minister of Justice and Constitutional Development & two amici curiae intervening),* (369/12) [2012] 106 ZASCA para 1 and *S v Chapman* 1997 (3) SA 341 (A) that so‐called corrective rape, albeit its cultural connotation, infringes on the affected women's right to dignity, bodily integrity as it constitutes a humiliating, degrading as well as brutal invasion of the privacy and dignity of the victims. It was moreover found that such women are discriminated against purely by belonging to a particular cultural community. The courts also recognised the fact that women have a legitimate entitlement to live peaceful lives and to enjoy the tranquillity of their homes and families without the fear, the anxiety and the insecurity,

belief, expression and association exist side by side with socio‐economic rights.

which continuously diminishes the quality and enjoyment of their lives.

based on values of human dignity, equality and freedom [79].

Apart from women being attributed less respect due to cultural reasons, they are also often the victims of the proprietorial attitude of men towards them. In *S v Mathe* 2014 (2) SACR 298 (KZD), it was, for example, shown that half of women killed in this country are murdered by their own husbands/partners. By regarding murder as the ultimate negation of the right to life, the court avowed that such attitudes and the concomitant presence of domestic violence had reached particularly serious proportions in society and eroded a wide range of the consti‐ tutional rights of women, such as the rights to equality, human dignity, freedom and security of their person, bodily integrity, not to be subjected to servitude, to privacy and the right to freedom of association, thus a ridicule of the right to life. It was also found that such attitudes causing women to live in constant fear are contrary to the ideals of an open democratic society

It is, conversely, not only the attitude of men that constitutes a problem with regard to treating all humans as equals. People with disabilities remain to be a vulnerable group in society, being robbed of living full lives. They are often explicitly and sometimes unintentionally discrimi‐ nated against. It is, in this regard, essential to take note that the law and legislation alone can‐ not address such prejudices [76, 80]. The broader society must be made aware of the fact that even the person with severe and profound disabilities is vested with a right to life and must be afforded special care and education to maximise his/her potential as far as possible [21]. Society, moreover, also often discriminates against a person on the basis of his/her sexual orientation [44–46]. The Constitutional Court in *National Coalition for Gay and Lesbian Equality v Minister of Justice* 2000(2) SA 1 (CC) alluded to the fact that such discrimination is the one of section 9(3)'s listed grounds of automatically unfair discrimination that had to be adjudi‐ cated by courts during the past decade. The court also mentioned that such discrimination in society has profound negative implications for the lives lived by guy and lesbians, stretching beyond the immediate impact thereof on their human dignity and self‐esteem. They also have to endure blackmailing, police entrapment, violence and peripheral discrimination including refusal to use certain facilities accommodation and opportunities. Their situation is further‐ more worsened by the fact that they constitute a political minority with little access to political power to secure favourable legislation for themselves.

Because of South Africa's history of discrimination based on race, so‐called reversed discrim‐ ination also poses a mammoth task especially in the workplace due to section 9(2) of the Constitution of the RSA making provision for affirmative action. The latter has led to employ‐ ment opportunities being specifically reserved for Black people to the detriment of White citizens. This has taken its toll on especially elder White men becoming unemployed and end‐ ing up living under severe poverty. Two very recent court cases, *South African Police Service v Solidarity obo Barnard* (CCT 01/14) [2014] 11 BLLR 1025 (CC) and *South African Restructuring and Insolvency Practitioners Association vs the Minister of Justice and Constitutional Development* (Case Number 4314/2014), addressed this new phenomena by specifically differentiating between numerical goals and quotas as part of an employment equity plan in terms of the Employment Equity Act. Emphasis was placed on section 15 of this Act defining affirma‐ tive action measures as processes designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are equitably represented at all occupational levels in the workforce. It furthermore states that such processes must not unfairly discriminate against anyone and that the concept affirmative action includes pref‐ erential treatment and numerical goals, but excludes quotas (section 15(3)). As such, this Act does not require of employers to take decisions regarding their employment policy or practice that would create an absolute barrier (reversed discrimination) to the potential or continued employment or advancement of people who are not from designated groups. The main aim of employment equity plans should thus be directed solely at achieving "equitable" represen‐ tation (section 20). Such plans should not concentrate on inflexible quotas, which are based on rational considerations, including job qualifications, the degree of underrepresentation, barriers and attempts to eliminate those from non‐designated groups, as well as the pool of suitably qualified candidates. The hiring, promotion or reservation of a fixed number or percentage of persons or posts from the designated group alone—making designated group status the only or dominant criterion—is thus prohibited and thus invalid although it very often still happens in South Africa and reverts to unfair discrimination. Employment equity plans should rather be founded on numerical goals which are grounded on realistic numbers of vacancies and which aim at appointing the best qualified applicants in vacancies.

### **4. Concluding remarks**

Although it is well recognised that life itself is a moral human entitlement independent of the law, this chapter outlined the importance of international, regional and foreign law as well as, specifically, the Constitution of the RSA guaranteeing everyone the right to life. The latter lies in the fact, that the law attributes value to the sanctity of life, and concomitantly place both negative and positive duties upon States in this regard. In cautioning that the mere legislative recognition of such a right is not sufficient, emphasis was placed on the State's positive duties of optimally realising everyone's right to life by taking proactive, concrete and clearly tar‐ geted steps to not only protect this right from infringement, but also to do everything in their power to give effect to the development of humans and creating an environment in which everyone can realise his or her potential optimally.

By taking regard of South Africa's history mainly mirroring the total disregard for the value of the lives of the majority of its inhabitants, it was showed that fast amounts of continued severe poverty which lead to high crime rates and the persistence of unequal treatment do not even closely portray a definite commitment by the State to create better life conditions and opportu‐ nities for its society. As such, the transformational State has not fulfilled, albeit some improve‐ ment, the legitimate expectations created amongst South Africans by the 1996 Constitution of the RSA and the hopes instilled in them at the advent of a new and open democracy.

The mammoth task that lies ahead was highlighted with regard to the fact that the right to life entails more than mere human existence and thus a rhetoric concerning the moral implica‐ tions regarding abortion, euthanasia and the constitutionality of the death penalty. The right to life rather involves the State and every living person to acknowledge their responsibil‐ ity to one another and be accountable for developing all holistically, as well as creating the circumstances under which people live to such an extent that everyone can live life in the fullest sense of the word. In this instance, a culture of respect for life and other fundamental rights must be generated. This entails the equal treatment of all as well as the formation of an adequate standard of living and not mere survival of the fittest. For this to realise, extreme measures must be taken to eliminate the severe poverty amongst South Africans. The enor‐ mous responsibility herein lies in overcoming the many encounters still inhibiting humans to better themselves, of optimally developing their talents and abilities to their fullest potential whilst living a responsible life in a society to which they feel a sense of belonging and wherein they can be free to be themselves.

In order to achieve the above, the realisation of socio‐economic rights is indispensable, as it encap‐ sulates a right to the basic necessities of life, such as housing, electricity, water, basic education and health care without which no one can live a dignified, decent, better, full, participatory and higher standard of living. The positive duties placed on government by socio‐economic rights coupled with the right to life are enormous. Government cannot merely set abstract norms or shy away from their responsibility by continuing to use limited available resources as an excuse. They are required to formulate realistic and achievable policies and workable programmes to ensure the implementation and ongoing evaluation of socio‐economic rights as well as the provi‐ sion of remedies in the event of violations, thus accepting accountability. Such actions will not only better the lives of everyone but also alleviate poverty and the extreme high crime levels in this country to a remarkable degree.

Another aspect of this mammoth task that was identified in this chapter concerns the proper balancing of conflicting fundamental rights in ensuring the equal treatment of all. In doing so, the superiority of the rights to life and human dignity, thus carrying more weight than other fundamental rights must be the starting point of any balancing process. All must be made aware of the normative burdens imposed on them by democracy, never to act in a manner that may be destructive of life or health, which may deprive others of their fundamental freedoms, or that may treat people in ways that are severely cruel, degrading or unfair. Viewed against South Africa's discriminatory history, all must moreover be careful of not repeating the past by practicing so‐called reversed discrimination especially in the workplace, thus depriving a different group of people of living quality lives.

### **Author details**

status the only or dominant criterion—is thus prohibited and thus invalid although it very often still happens in South Africa and reverts to unfair discrimination. Employment equity plans should rather be founded on numerical goals which are grounded on realistic numbers

Although it is well recognised that life itself is a moral human entitlement independent of the law, this chapter outlined the importance of international, regional and foreign law as well as, specifically, the Constitution of the RSA guaranteeing everyone the right to life. The latter lies in the fact, that the law attributes value to the sanctity of life, and concomitantly place both negative and positive duties upon States in this regard. In cautioning that the mere legislative recognition of such a right is not sufficient, emphasis was placed on the State's positive duties of optimally realising everyone's right to life by taking proactive, concrete and clearly tar‐ geted steps to not only protect this right from infringement, but also to do everything in their power to give effect to the development of humans and creating an environment in which

By taking regard of South Africa's history mainly mirroring the total disregard for the value of the lives of the majority of its inhabitants, it was showed that fast amounts of continued severe poverty which lead to high crime rates and the persistence of unequal treatment do not even closely portray a definite commitment by the State to create better life conditions and opportu‐ nities for its society. As such, the transformational State has not fulfilled, albeit some improve‐ ment, the legitimate expectations created amongst South Africans by the 1996 Constitution of

The mammoth task that lies ahead was highlighted with regard to the fact that the right to life entails more than mere human existence and thus a rhetoric concerning the moral implica‐ tions regarding abortion, euthanasia and the constitutionality of the death penalty. The right to life rather involves the State and every living person to acknowledge their responsibil‐ ity to one another and be accountable for developing all holistically, as well as creating the circumstances under which people live to such an extent that everyone can live life in the fullest sense of the word. In this instance, a culture of respect for life and other fundamental rights must be generated. This entails the equal treatment of all as well as the formation of an adequate standard of living and not mere survival of the fittest. For this to realise, extreme measures must be taken to eliminate the severe poverty amongst South Africans. The enor‐ mous responsibility herein lies in overcoming the many encounters still inhibiting humans to better themselves, of optimally developing their talents and abilities to their fullest potential whilst living a responsible life in a society to which they feel a sense of belonging and wherein

In order to achieve the above, the realisation of socio‐economic rights is indispensable, as it encap‐ sulates a right to the basic necessities of life, such as housing, electricity, water, basic education and health care without which no one can live a dignified, decent, better, full, participatory and

the RSA and the hopes instilled in them at the advent of a new and open democracy.

of vacancies and which aim at appointing the best qualified applicants in vacancies.

**4. Concluding remarks**

176 Quality of Life and Quality of Working Life

everyone can realise his or her potential optimally.

they can be free to be themselves.

Erika M. Serfontein

Address all correspondence to<EMAIL_ADDRESS>
North‐West University (Vaal Triangle Campus), Republic of South Africa

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**Well-Being and Quality of Working Life**

## **Well-being and Quality of Working Life of University Professors in Brazil**

Alessandro Vinicius de Paula and

Ana Alice Vilas Boas

Additional information is available at the end of the chapter

http://dx.doi.org/10.5772/intechopen.70237

#### **Abstract**

This chapter presents a study about the perceptions on quality of working life (QWL) regarding factors and indicator in two public universities in Brazil. It aimed also to analyze their perceptions about university working conditions. This exploratory study is based on quantitative and qualitative analyses. A sample of 715 university professors participated on the research. Data collection was carried out in two steps: online survey and focus groups. There is a moderate negative correlation between psychological wellbeing and work-related stress. Emotional charge also presents a moderate positive correlation with work-related stress, as well as physical charge and psychological distress. Work-life balance is negatively correlated with physical charge, emotional charge, workrelated stress, psychological distress, and burnout. We observed also that 43.6% of the professors reported high levels of work-related stress in their everyday work. The precariousness of university teaching is associated with three main elements, which we defined as the tripod of the precarization of university teaching work. It consists of academic productivism, excess of administrative work and bureaucratic activities, and inadequate working conditions. The operating dynamics of this tripod effect professors' well-being, their QWL, and even the quality of the work they develop in public universities.

**Keywords:** quality of working life (QWL), university professors, precariousness of university teaching, college education, worker's health

### **1. Introduction**

The concept of quality of working life (QWL) is quite broad, and many definitions have been developed aiming its understanding. Since the twentieth century, QWL is identified as a key

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element in the promotion of workers' health. Apart from that, quality of working life management is seen as a strategic issue to improve organizational efficacy too. Many researchers created different models to study QWL. Some of them focus on policies and people management practices like the Walton model [1], the structure and organization of work as the Hackman and Oldham model [2], and the biological, psychological, social and organizational variables as the Limongi-França BPSO-96 model [3].

More recently, Morin [4, 5] developed the general quality of working life model in order to explain relationship between QWL factors and indicators, such as (a) the meaning of work and the meaning at work, (b) the characteristics of the work, (c) the characteristics of labor relations, (d) workload, (e) working hours, (f) work-life balance, and (g) safety. Thus, quality of working life may be defined as a general state of well-being in the workplace that can be explained by different factors and indicators created in accordance with the parameters of work organization, considering also individual differences and the strategies that workers develop to adapt to their jobs [5, 6].

QWL may be seen as a set of actions to encourage a healthy work environment and the development of activities that provides meaningful work for employees [7]. Thus, identifying workers' perception on QWL factors and indicators regarding their professional activity is the best way to create a healthy and safe work environment. To better understand QWL, we postulate that it is also necessary to understand the context in which workers are inserted and the peculiarities of the organizations and their external environment.

It is also relevant to consider that work is an ontological founding and structuring category in the human socialization process. Work is a social action that allows the construction of subjectivity and a way for the individual to find a place within a group—through the process of creation and recognition of his status [7, 8]. Because of the jobs centrality in the life of human beings, work also plays an important role in the psychological well-being, fulfilling fundamental psychological function to meet the needs of meaning, affiliation, creativity, and emancipation [8].

Consequently, understanding the levels of psychological well-being and psychological distress is an important issue to propose actions on QWL. Massé et al. [9] investigated psychological distress and psychological well-being, and they found that these two constructs are opposite poles of the same mental health axis or independent constructs to be measured into two separated axes. They conclude that the assessment of mental health in the general population should use concomitant measures of psychological distress and psychological well-being.

In a study conducted with university professors of public institutions in Brazil and Canada, Vilas Boas and Morin [10–12] realized that there is a high positive correlation between workrelated stress and mental load and a strong negative correlation between work-related stress and psychological well-being, indicating that psychological well-being decreases with increasing in work-related stress. They realized also that physical load, psychological wellbeing, and gender determined 55.9% of the scores of work-related stress. They also observed that men and women have different perceptions of work-related stress [12].

In this context, this exploratory study intends to analyze the perceptions on quality of working life regarding some factors and indicators in two public universities in Brazil. It aimed also to analyze their perceptions about university working conditions.

### **2. Literature review**

element in the promotion of workers' health. Apart from that, quality of working life management is seen as a strategic issue to improve organizational efficacy too. Many researchers created different models to study QWL. Some of them focus on policies and people management practices like the Walton model [1], the structure and organization of work as the Hackman and Oldham model [2], and the biological, psychological, social and organizational variables

More recently, Morin [4, 5] developed the general quality of working life model in order to explain relationship between QWL factors and indicators, such as (a) the meaning of work and the meaning at work, (b) the characteristics of the work, (c) the characteristics of labor relations, (d) workload, (e) working hours, (f) work-life balance, and (g) safety. Thus, quality of working life may be defined as a general state of well-being in the workplace that can be explained by different factors and indicators created in accordance with the parameters of work organization, considering also individual differences and the strategies that workers

QWL may be seen as a set of actions to encourage a healthy work environment and the development of activities that provides meaningful work for employees [7]. Thus, identifying workers' perception on QWL factors and indicators regarding their professional activity is the best way to create a healthy and safe work environment. To better understand QWL, we postulate that it is also necessary to understand the context in which workers are inserted and

It is also relevant to consider that work is an ontological founding and structuring category in the human socialization process. Work is a social action that allows the construction of subjectivity and a way for the individual to find a place within a group—through the process of creation and recognition of his status [7, 8]. Because of the jobs centrality in the life of human beings, work also plays an important role in the psychological well-being, fulfilling fundamental psychological function to meet the needs of meaning, affiliation, creativity, and

Consequently, understanding the levels of psychological well-being and psychological distress is an important issue to propose actions on QWL. Massé et al. [9] investigated psychological distress and psychological well-being, and they found that these two constructs are opposite poles of the same mental health axis or independent constructs to be measured into two separated axes. They conclude that the assessment of mental health in the general population should use concomitant measures of psychological distress and psychological

In a study conducted with university professors of public institutions in Brazil and Canada, Vilas Boas and Morin [10–12] realized that there is a high positive correlation between workrelated stress and mental load and a strong negative correlation between work-related stress and psychological well-being, indicating that psychological well-being decreases with increasing in work-related stress. They realized also that physical load, psychological wellbeing, and gender determined 55.9% of the scores of work-related stress. They also observed

that men and women have different perceptions of work-related stress [12].

the peculiarities of the organizations and their external environment.

as the Limongi-França BPSO-96 model [3].

188 Quality of Life and Quality of Working Life

develop to adapt to their jobs [5, 6].

emancipation [8].

well-being.

### **2.1. Quality of working life models**

In Brazil, several QWL studies have been conducted by authors such as Limongi-França [3, 13], Oliveira and Limongi-França [14], Constantino [15], Tolfo and Piccinini [16], Sant'Anna and Kilimnik [17], and Sampaio [18]. They include examples of development and validation of a generic tool to assess Quality of Life in biopsychosocial indicators with the University of São Paulo community. For this work, Constantino [15] has adapted an instrument based on biological, psychological, and social aspects from the model presented by Kertesz and Kerman [19]. Limongi-França [13] introduces a new conceptual modeling based on interfaces for Management of quality of working life in business administration. In this chapter, the authors seek to provide instrumental support for strategic, managerial, and operational actions on collective and individual challenges, seeking to rebuild well-being in the companies.

Tolfo and Piccinini [16] emphasize the distinction between purpose and meaning of work. For these authors, the construct purpose of work should be studied from a multidisciplinary point of view because it is a "multidimensional and dynamic psychological construct." Additionally, Sampaio [18] states that "the works of Estelle Morin and colleagues are a new influence in the field of QWL and bring theoretical and technical improvements to the classic models, despite its identification with well-being concepts (mainly psychological) and purposes of work." This author also states that the agenda of studies and research on QWL should consider that "the greatest challenge to QWL is the production of a valid knowledge to the new forms of labor relationships and work organization."

Taking that into consideration, this study is based on the systemic quality of working life model that was updated from the general quality of working life model [5]. **Figure 1** shows the variables that are related to QWL and their interrelations. In this model, work organization is presented as determinant for the employees' health, their attitudes, and performances. According to Morin [4], the impact of work organization on health and work performance varies according to the meaning given by people to the work.

The utility of work, autonomy, professional development, moral uprightness, relationships with colleagues, superiors and customers, recognition, workload, working hours, and job security are factors that should be considered to assess QWL. Therefore, the factors affect the perception of the meaning of work, represented herein by meaning of work and meaning at work. Thus, all factors can positively (in terms of employee's health) or negatively (causing disease and psychological distress) affect the quality of working life and lead individuals to have an optimum experience at work or to develop defensive strategies and try to improve their QWL.

**Figure 1.** Systemic Quality of Working Life Model

If people see their work in a positive way, if the conditions under which they perform their work are suitable, and if personal relationships they have at work are positive, they tend to find meaning of work and meaning at work and therefore feel good, physically and mentally speaking. On the other hand, if the individuals perceive their work in a negative way, they tend to think that their work has no meaning and much less the environment where they work, which may lead them to show stress symptoms at work or psychological distress.

In addition, Morin [5] and Vilas Boas and Morin [6] say that the impact of work organization on QWL varies according to individual differences, including gender, age, education, emotional tract (i.e., tendency to experience positive or negative emotions) and assigning style (i.e., tendency to believe that we are not responsible for some situations we actually are), emotional intelligence, and guidance for work. Therefore, every study on QWL should pay attention to sociodemographic characteristics and the patterns of work organization.

Keeping these brief considerations about QWL' models in mind, we would like to present a brief description of the educational scenario in Brazil to support readers to understand the results of field research that was carried on with university professors from Brazilian public universities.

#### **2.2. Precarious university teaching work**

Teaching profession can be considered different from other work activities due to its complexity and the level of physical and emotional exhaustion that are part of the teaching routine. The process of formal education originates from the knowledge that is produced by society, and this is due to the demands of survival experiences and collective productions of a particular social group. Considering that professors play a central role in formal education in nowadays society, it is necessary to recognize the existence of a causal link between teaching work and the levels of sickness of these professionals—highlighting the impacts that occur in professors health and their professional particularities.

Several changes have taken place in labor and employment relations, which are an indicative of a phenomenon that some authors call "precariousness of current working relations" that are also present in the processes of teaching work [20]. Professors health is directly related to social, economic, and technological factors, and these professionals are at risks of several natures. The main risks present in their work routine are physical, chemical, biological, mechanical, and ergonomic [21].

For these reasons, teaching profession has become an unhealthy activity in different countries of Latin America and Caribe, manifesting itself in work-related illnesses such as burnout, stress, and neurological diseases. These illnesses are positively correlated with the precarious conditions of teaching work [22].

Assunção and Oliveira [21] emphasize that the process of labor intensification, which affects economical sector, can basically occur in two ways: due to the reduction of the number of workers without change in the quantity produced and, in a second case, as a consequence of the growth of production without changes (increase) in the number of workers. In the teaching reality—especially in the university context—this process of intensification of the work with increases in the number of students without the proportional increases in the number of professors is perceived in many institutions in different countries. Educational institution needs a great counterpart of resources to execute such demand [21–23].

If people see their work in a positive way, if the conditions under which they perform their work are suitable, and if personal relationships they have at work are positive, they tend to find meaning of work and meaning at work and therefore feel good, physically and mentally speaking. On the other hand, if the individuals perceive their work in a negative way, they tend to think that their work has no meaning and much less the environment where they work, which may lead them to show stress symptoms at work or psychological distress.

In addition, Morin [5] and Vilas Boas and Morin [6] say that the impact of work organization on QWL varies according to individual differences, including gender, age, education, emotional tract (i.e., tendency to experience positive or negative emotions) and assigning style (i.e., tendency to believe that we are not responsible for some situations we actually are), emotional intelligence, and guidance for work. Therefore, every study on QWL should pay

Keeping these brief considerations about QWL' models in mind, we would like to present a brief description of the educational scenario in Brazil to support readers to understand the results of field research that was carried on with university professors from Brazilian public

Teaching profession can be considered different from other work activities due to its complexity and the level of physical and emotional exhaustion that are part of the teaching routine. The process of formal education originates from the knowledge that is produced by society, and this is due to the demands of survival experiences and collective productions of a particular social group. Considering that professors play a central role in formal education in nowadays society, it is necessary to recognize the existence of a causal link between teaching

attention to sociodemographic characteristics and the patterns of work organization.

universities.

**2.2. Precarious university teaching work**

**Figure 1.** Systemic Quality of Working Life Model

190 Quality of Life and Quality of Working Life

Martinez et al. [24] emphasize that the professional practice of teaching, in general, is seen as an activity without many risks compared to other professions (it is common for the teacher to be asked: Do you work or just teach?). Such perception creates an "invisibility" of these professionals. In fact, studies show that the educational activity is permeated by psychological suffering, manifested in depression, anxiety, panic attacks, and psychotic processes, and by physical suffering, manifested by the commitment/loss of voice; pain and stiffness in the lower back, neck, and extremities of the body; diabetes; gastric ulcers; and hypertension [21–25]. All these sufferings can compromise Professors' health.

Regarding Professors' physical health problems, we recall that professors' are among the professionals who present a higher prevalence of specific vocal complaints and also present the highest risk for the development of vocal disorders in comparison with other professionals [21, 25–28]. Karmann and Lancman [25] point out that the current teaching activity is also under the effects of modern educational policies, which follow the neoliberal and managerial logic, characterized by overload and intensification of work, precarious conditions and poor labor contracts, and political disarticulation of workers.

The conditions of precariousness and overload of teaching work, as already seen, are also perceived in the university teaching context. Some studies have already indicated that higher education professors are also subject to precarious working conditions, characterized by flexible contracts, greater intensification of workload, and requirement of polyvalence in the activity [7, 29, 30]. Such a context of labor precariousness may have consequences for professors' physical and mental health and may trigger diverse illnesses, such as the elevation of the level of work-related stress [7, 31] and burnout syndrome [32, 33]. This scenario compromises the possibility for university professors to find QWL in their daily activities.