This Article critically examines the concept of occupational freedom, arguing that the legal right to choose and pursue a profession, as enshrined in many constitutional systems, remains largely theoretical for vast segments of the population. While legal frameworks recognize occupational freedom, socioeconomic barriers, systemic discrimination, and cultural norms continue to impede genuine access to professions. Using historical examples like the exclusion of women from the legal profession or racial segregation under apartheid, this Article illustrates how law can act as both an instrument of oppression and a tool for progress.
Through a comparative analysis of case law from Germany, South Korea, India, and South Africa, this Article explores how courts have interpreted occupational freedom, balancing individual rights with state interests. The study highlights the limitations of legal frameworks that fail to address the structural inequities affecting access to professions. It argues that true occupational freedom requires more than legal recognition—it demands proactive state action to address socioeconomic barriers, provide equitable access to education, and reform cultural attitudes toward different professions.
This Article argues that occupational freedom should be understood as a positive right that necessitates active state involvement in creating conditions where individuals can genuinely pursue their chosen professions. By confronting the deep inequalities that limit professional choice, the law, in conjunction with state intervention, can transform occupational freedom from a mere paper right into a lived reality for all.