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Article 27 - Right
to work
Background Documents | Article
27 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
Sixth Session
Governments
UN System Organizations
ILO
Non-governmental organizations
International Disability Caucus
Joint Council of the Physically and Mentally Disabled - Hong Kong
Comments, proposals and amendments submitted electronically
Governments
ARGENTINA
Proposals
by Argentina on Draft Article 22 RIGHT TO WORK
Replace chapeau of paragraph 1 by the following text:
The States Parties recognize the right of persons with disabilities to work,
which includes the right of everyone to the opportunity to gain his or her
living by work which he or she freely chooses or accepts, and shall take
appropriate steps to safeguard this right for persons with disabilities,
promoting equal opportunity and treatment of persons with disabilities.
Such steps shall be directed to, among others:
CANADA
6 AHC Article
22: Canada
1.Draft Article 22
RIGHT TO WORK 86, 87, 88
States Parties recognise SHALL TAKE EFFECTIVE AND APPROPRIATE MEASURES
TO ELIMINATE DISCRIMINATION AGAINST persons with disabilities IN ORDER TO
ENSURE THEIR ENJOYMENT OF THE RIGHT to work AND TO OTHER LABOUR RIGHTS ON
A BASIS OF EQUALITY, including the opportunity to gain a living by work
that they freely choose or accept, with a view to promoting equal opportunity
and treatment of persons with disabilities, and protecting them from poverty.
States Parties shall take appropriate steps to In order to safeguard
and promote the realisation of thisese rights, states parties shall take
appropriate steps to promote a labour market and work environment that are
open, inclusive, and accessible to all persons with disabilities, including
measures to:
a. promote a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities; 89 prohibit discrimination
on the basis of disability by employers
b. enable persons with disabilities to have effective access to general
technical and vocational guidance programs, placement services, assistive
devices, and vocational and continuing training; require reasonable accommodation
of persons with disabilities in the work environment;
c. promote90 employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for
self-employment and starting one's own business entrepreneurship,
as well as assistance in preparing for, finding, obtaining, and maintaining,
and returning to employment; including vocational and professional training
and transition programs;
d. encourage employers91 to hire persons with disabilities, such as through
affirmative action programs, incentives and quotas;92
e. ensure the reasonable accommodation of persons with disabilities in
the workplace and work environment;93
f. promote the acquisition by persons with disabilities of work experience
in the open labour market;
g. promote vocational and professional rehabilitation, job retention
and return-to-work programs;
h. protect94 through legislation persons with disabilities with regard
to employment, continuance of employment, career advancement, working conditions,
including equal remuneration for work of equal value and equal opportunities,
and the redressing of grievances,95 and to ensure that persons with disabilities
are able to exercise their labour and trade union rights; protect the
right of persons with disabilities to the enjoyment of just and favourable
conditions of work on a basis of equality, in particular equal remuneration
for work of equal value;
h.ter. protect the labour rights of persons with disabilities on a basis
of equality.
i. ensure that persons with disabilities have equal opportunity to employment
in the public sector;
j. promote recognition96 of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market, and
to combat stereotypes and prejudices about persons with disabilities in
the workplace and the labour market.
Clean text:
Article 22
States parties shall take effective and appropriate measures to eliminate
discrimination against persons with disabilities in order to ensure their
enjoyment of the right to work and to other labour rights on a basis of
equality, including the opportunity to gain a living by work that they freely
choose or accept. In order to safeguard and promote the realisation of these
rights, states parties shall take appropriate steps to promote a labour
market and work environment that are open, inclusive, and accessible to
all persons with disabilities, including measures to:
(A) prohibit discrimination on the basis of disability by employers;
(B) require reasonable accommodation of persons with disabilities in the
work environment;
(C) promote equal employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for
self-employment and entrepreneurship, as well as assistance in preparing
for, finding, obtaining, maintaining, and returning to employment, including
vocational and professional training and transition programs;
(D) encourage employers to hire persons with disabilities;
(E) protect the right of persons with disabilities to the enjoyment of just
and favourable conditions of work on a basis of equality, in particular
equal remuneration for work of equal value;
(F) protect the labour rights of persons with disabilities on a basis of
equality.
6AHC Article 22 Right to work Canada - statement Aug 9 2005
$ Canada supports the full inclusion of persons with disabilities into economic
life, including the labour market and work environment, and recognizes that
the opportunity to contribute through work is an integral aspect of human
life. Unfortunately, as noted by the Committee on Economic, Social and Cultural
Rights in their General Comment 5, “The field of employment is one in which
disability-based discrimination has been prominent and persistent.”
$ Canada believes that the proposed draft article on the right to work must
target this discrimination in order to protect all persons with disabilities
from circumstances that may render them vulnerable, and ensure that they
have the equal opportunity to be fully included in the labour market and
work environment. As such, the focus should be on removing and preventing
barriers to employment so that persons with disabilities are able to participate
fully in an open and inclusive employment and labour market.
$ In Canada’s view, although the duty of reasonable accommodation is included
in article 7, it is of such importance to this context that it should also
be highlighted in this article in order to remove existing barriers and
to prevent new ones from arising so as to ‘open the employment door’. Reasonable
accommodation should require employers to ensure that persons with disabilities
are enabled to perform duties of employment. Research has shown that the
majority of these accommodations are relatively inexpensive.
$ In Canada, human rights legislation imposes a duty on employers to accommodate
persons with disabilities in the workplace. For example, pursuant to the
Canadian Human Rights Act, the federal government has implemented policies
on the duty to accommodate persons with disabilities in the workplace. These
policies draw on assistive technologies and strategies to enable workers
with disabilities to fulfill work duties and be productive in their positions.
$ Canada’s Employment Insurance program also provides services to workers
with disabilities on a non-discriminatory basis, and includes financial
assistance for personal supports and assistive devices and services for
those workers requiring assistance to access the labour market.
$ Canada welcomes the NZ and EU proposals on Article 22. In particular Canada
supports combining subpara a) with the chapeau. However, as we have stated
with respect to other articles, it is Canada’s view that this convention
should provide for equality and require States to eliminate discrimination
in the enjoyment of all human rights by persons with disabilities, and therefore
Canada would propose to strengthen the chapeau to emphasize these principles.
$ Canada would also suggest that the broader term ‘labour rights’ be used,
which encompasses participation in unions.
$ As we have stated with respect to other articles, in Canada’s view this
convention should set out strong general statements of rights, capable of
adaptation to future circumstances, and avoid overly prescriptive listings
of measures States should take, which may be used to limit the interpretation
of the right. Therefore, in Canada’s view, we should avoid attempting an
exhaustive listing of prescriptive measures in this article.
$ In this vein, as an important overarching obligation, Canada would propose
to insert a new subpara a) requiring States Parties to prohibit discrimination
on the basis of disability by employers.
$ Canada would also propose to move up subpara e) as subpara b, in order
to highlight the duty of reasonable accommodation as an important general
principle.
$ We would propose to combine the key ideas contained in subparas b, c,
f, and g, which overlap, into a revised subpara c, adding references to
entrepreneurship, preparing for and returning to employment, and transition
programs.
$ Similar to the EU, we would streamline subpara d in order to avoid prescriptive
detail as to how employers should be encouraged to hire persons with disabilities.
$ We would reformulate sub-para h to more generally provide for equality
in conditions of work, including equal remuneration, based on article 7
of the International Covenant on Economic, Social and Cultural Rights, and
would move the reference to labour rights to a new subpara hbis.
$ In our view, while Canada supports the ideas contained in sub-paras i
and j, we believe that these concepts are covered in articles 18 and 5 respectively,
and agree with the EU, Cameroon and other delegations in this regard.
$ Canada would also support addressing sexual harassment in the workplace
in this article, consistent with the approach of mainstreaming a gender
perspective in relevant articles.
$ Canada would therefore propose that Article 22 read as follows:
clean text:
Article 22
States parties shall take effective and appropriate measures to eliminate
discrimination against persons with disabilities in order to ensure their
enjoyment of the right to work and to other labour rights on a basis of
equality, including the opportunity to gain a living by work that they freely
choose or accept. In order to safeguard and promote the realisation of these
rights, states parties shall take appropriate steps to promote a labour
market and work environment that are open, inclusive, and accessible to
all persons with disabilities, including measures to:
(A) prohibit discrimination on the basis of disability by employers;
(B) require reasonable accommodation of persons with disabilities in the
work environment;
(C) promote equal employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for
self-employment and entrepreneurship, as well as assistance in preparing
for, finding, obtaining, maintaining, and returning to employment, including
vocational and professional training and transition programs;
(D) encourage employers to hire persons with disabilities;
(E) protect the right of persons with disabilities to the enjoyment of just
and favourable conditions of work on a basis of equality, in particular
equal remuneration for work of equal value;
(F) protect the labour rights of persons with disabilities on a basis of
equality.
EUROPEAN UNION
European
Union Proposal Draft Article 22
Amendments to the Working Group Text:
States Parties recognize the right of persons with disabilities to work,
which includes the opportunity to gain a living by work that they freely
choose or accept, with a view to promoting equal opportunity and equal treatment
of persons with disabilities, and protecting them from poverty. States Parties
shall take appropriate steps to safeguard and promote the realization of
this right, including measures to:
EU Proposal chapeau:
“States Parties recognize the right of persons with disabilities to work
on an equal basis with others; this includes the right to the opportunity
to gain a living by work freely chosen or accepted in a labour market and
work environment that is open, inclusive and accessible to persons with
disabilities. States Parties shall take appropriate steps to safeguard and
promote the realization of this right, including measures to:”
(a) Promote a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities;
EU Proposal (a): Delete – covered in chapeau
(b) Enable persons with disabilities to have effective access to general
technical and vocational guidance programs, placement services, assistive
devices and vocational and continuing training;
EU Proposal (b): Insert “and” between “programs” and “placement”.
Delete “assistive devices and vocational and continuing training”. Renumber
as (d)
(c) Promote employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for
self employment and starting one’s own business, as well as assistance in
finding, obtaining and maintaining employment;
EU Proposal (c): Delete “in the open labour market, including
opportunities for self employment and starting one’s own business, as well
as…” Insert after “disabilities” “which include assistance in finding, obtaining
and maintaining employment and opportunities for self employment”. Renumber
as (b)
(d) Encourage employers to hire persons with disabilities, such as through
affirmative action programs, incentives and quotas;
EU Proposal (d): Replace “such as through affirmative action
programs, incentives and quotas” with “through appropriate policies and
measures”. Renumber as (c)
(e) Ensure the reasonable accommodation of persons with disabilities in
the workplace and work environment;
EU Proposal (e): delete and reword as follows: “Ensure that
reasonable accommodation is provided to persons with disabilities in the
workplace”
(f) Promote the acquisition by persons with disabilities of work experience
in the open labour market;
(g) Promote vocational and professional rehabilitation, job retention and
return to work programs;
EU Proposal (g): Insert “for persons with disabilities” at
the end of the paragraph.
(h) Protect through legislation persons with disabilities with regard to
employment, continuance of employment, career advancement, working conditions,
including equal remuneration for work of equal value and equal opportunities,
and the redressing of grievances, and to ensure persons with disabilities
are able to exercise their labour and trade union rights;
EU Proposal (h): Insert “conditions of recruitment” after
“regard to”. Insert “that” after “ensure”. Renumber as (a)
(i) Ensure that persons with disabilities have equal opportunity to employment
in the public sector;
EU Proposal (i): Delete
(j) Promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market, and
to combat stereotypes and prejudices about persons with disabilities in
the workplace and the labour market.
EU Proposal (j): Delete
The complete EU proposal for Article 22 Right to Work
States Parties recognize the right of persons with disabilities to work
on an equal basis with others; this includes the right to the opportunity
to gain a living by work freely chosen or accepted in a labour market and
work environment that is open, inclusive and accessible to persons with
disabilities. States Parties shall take appropriate steps to safeguard and
promote the realization of this right, including measures to:
a) Protect through legislation persons with disabilities with regard to
conditions of recruitment, employment, continuance of employment, career
advancement, working conditions, including equal remuneration for work of
equal value and equal opportunities, and the redressing of grievances, and
to ensure that persons with disabilities are able to exercise their labour
and trade union rights;
b) Promote employment opportunities and career advancement for persons with
disabilities which include assistance in finding, obtaining and maintaining
employment and opportunities for self employment;
c) Encourage employers to hire persons with disabilities through appropriate
policies and measures;
d) Enable persons with disabilities to have effective access to general
technical and vocational guidance programs and placement services;
e) Ensure that reasonable accommodation is provided to persons with disabilities
in the workplace;
f) Promote the acquisition by persons with disabilities of work experience
in the open labour market;
g) Promote vocational and professional rehabilitation, job retention and
return-to-work programs for persons with disabilities.
ISRAEL
Draft
Article 22: RIGHT TO WORK
Israel Proposal
States Parties recognize the right to work of all
persons with disabilities to work of lawful working age,
on an equal basis with others; which this
includes the opportunity to gain a living by work that they freely
choosen or accepted , with a view to promoting
equal opportunity and treatment of persons with disabilities, and protecting
them persons with disabilities from poverty,
in a labour market and work environment, whether in the public, private,
or any other sector, which is open, inclusive and accessible to persons
with disabilities.
In order to safeguard and promote the realization of the right to
work , States Parties shall take all appropriate
steps to safeguard and promote the realization of this right, including
by way of legislation measures to and shall
in particular:
a. promote a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities;
a. [h]Enact legislation protect and take
all other necessary measures to eliminate discrimination in all aspects
of employment including, through legislation persons with disabilities
with regard to employment, selection, recruitment, hiring,
continuance of employment, career advancement, working conditions, professional
training, severance and retirement including equal remuneration
for work of equal value and equal opportunities, and the redressing of grievances,
and to ensure that persons with disabilities are able to exercise their
labour and trade union rights;
b. [e] Enact legislation and take all other necessary measures to
ensure the reasonable accommodation and appropriate representation
of persons with disabilities in the workplace and work environment;
c. [i] ensure that appropriate representation for
persons with disabilities have equal opportunity to employment amongst
employees in the public sector;
d. Ensure equal application to persons with disabilities of employment
protection laws and standards, including in relation to safe and healthy
working conditions, provision of rest, leisure, reasonable limitation of
working hours and holiday pay, the minimum wage, the redressing of labour
grievances and trade union rights.
e. [d] encourage employers to hire and retain persons with
disabilities, such as through by such measures as the promotion
of affirmative action programs, and the provision of financial
incentives and support quotas.
f. [b] enable persons with disabilities to have effective access to general
technical and vocational and career guidance programs,
employment counseling and placement services, assistive
devices, and vocational and continuing training supplemented
by information in accessible formats on rights and obligations under labour-related
law and other forms of labour regulation;
g. [c] promote equal employment opportunities and career
advancement for persons with disabilities in the open labour market, including
opportunities for self-employment and starting one's own business, as well
as providing assistance in finding, obtaining and maintaining
and returning to employment, including vocational
and professional training and transition programmes;
h. Ensure that alternative forms of employment outside the open
labour market are adequately resourced, in conditions that ensure useful,
remunerative and decent work, provide opportunities for vocational advancement
and facilitate the move into the open labour market.
f. promote the acquisition by persons with disabilities of work experience
in the open labour market;
g. promote and provide vocational and professional rehabilitation, job retention
and return-to-work programs;
j. promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market, and
to combat stereotypes and prejudices about persons with disabilities in
the workplace and the labour market.
KENYA
Draft Article
22
RIGHT TO WORK
States Parties recognise the right of persons with disabilities to work
on an equal basis with others, which includes the opportunity to gain a
living by work that they freely choose or accept, with a view to promoting
equal opportunity and treatment of persons with disabilities, and protecting
them from poverty. States Parties shall take appropriate steps to safeguard
and promote the realisation of this right, including measures to:
(a) promote a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities;
(b) enable persons with disabilities to have effective access to general
technical and vocational guidance programs, placement services, assistive
devices, and vocational and continuing training;
(c) promote employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for
self employment and starting one’s own business, as well as assistance in
finding, obtaining and maintaining employment;
(d) encourage employers to hire persons with disabilities, such as through
affirmative action programs, incentives and quotas;
(e) ensure the reasonable accommodation of persons with disabilities in
the workplace and work environment;
(f) promote the acquisition by persons with disabilities of work experience
in the open labour market;
(g) promote vocational and professional rehabilitation, job retention and
return to work programs;
(h) protect through legislation persons with disabilities with regard to
employment, continuance of employment, career advancement, working conditions,
including equal remuneration for work of equal value and equal opportunities,
and the redressing of grievances, and to ensure persons with disabilities
are able to exercise their labour and trade union rights;
(i) ensure that persons with disabilities have equal opportunity to employment
in the public sector;
(j) promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market, and
to combat stereotypes and prejudices about persons with disabilities in
the workplace and the labour market;
(k) Promote employment of persons with disabilities in the informal sector
through the creation of an enabling environment and the provision of incentives
and necessary support services, including training and preferential access
to credit.
PHILIPPINES
Art. 22 :
RIGHT TO WORK
States Parties recognise…………
(b) enable persons with disabilities to have effective access to general
technical and vocational guidance programs, placement and counseling services,
assistive devices and continuing [development and enhancement program skills
– add];
(c ) promote employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities [for
apprenticeship to gain work experience – add], self-employment…………
(e) ensure the reasonable accommodation appropriate to the nature and needs
of persons with disabilities in the workplace and work environment [ add
- such as (1) improvement of existing facilities used by employees in order
to render these readily accessible to and usable by disabled persons (2)
modification of work schedules, re-assignment to a vacant position, acquisition
or modification of equipment or devices, appropriate adjustments or modification
of examinations, training materials, or company policies, rules and regulations
(f) [delete as merged with ©]
(h) protect through legislation [, and active labour market policies and
programs, - add] persons with disabilities with regard to ……
(i) ensure that persons with disabilities have equal opportunity to employment
in the [private and - add] public sectors;
SUDAN
Draft Article 22
: Right to work :
(1) Add to paragraph (a) at the end "and more attention is to be paid
to the employment of women with disabilities " to read :
22.(a) promote a labor market and work environment that are open ,inclusive
, and accessible to all persons with disabilities , (and more attention
is to be paid to the employment of women with disabilities).
(2) Add to paragraph (g) at the end " the individual inflicted with
any type of disabilities during job performance shall be returned to work
in an adequate placement service that suit the disability " to read
:
22.(g) promote vocational and professional rehabilitation job retention
and return -to- work programs. (The individual inflicted with any
of disabilities during job performance shall be returned to work in adequate
placement service that suit the disability ).
UN System Organizations
ILO
Draft Article
22 Right to Work
ILO Comments
What the ILO welcomes:
• The recognition of the right of persons with disabilities to gain a living
by work which they freely choose or accept, based the principles of equal
opportunity and equal treatment
• The provision for protection of this right through legislation,
• Recognition of the right of disabled persons to join trade unions.
• Emphasis on open employment
• Provision for reasonable accommodation
What concerns us:
• Lack of provision for alternative forms of employment/work
• Insufficient detail on reasonable accommodation
• Need for technical supports, services, incentives to employers.
• Lack of detail, compared to other articles of the convention.
What we call for:
• Provision of strong incentives and advisory services to employers who
recruit people with disabilities and retain workers who acquire a disability
while in employment.
• More detail on reasonable accommodation
• Provision, on a transitional basis, for alternative forms of work for
persons with disabilities who may be unable to work in the open labour market,
in conditions which ensure that the work carried out is useful and remunerative,
providing opportunities for vocational advancement and where possible, transfer
to open employment.
• Guidelines to accompany the UN Convention, providing greater explanatory
detail.
Suggested amendments
States Parties recognize the right to work of person with disabilities,
which includes the opportunity to gain a living by work that they freely
choose or accept, with a view to promoting equal opportunity and treatment
of persons with disabilities and protecting them from poverty. States shall
take appropriate steps to safeguard and promote thee realization of this
right, including measures to
(a) Promote a labour market and work environment that are open, inclusive
and accessible to all persons with disabilities
(b) Enable persons with disabilities to have effective access to general
vocational ,and career guidance programmes, employment counseling
and placement services, assistive devices and vocational and continuing
training supplemented by information in accessible formats on rights
and obligations under labour-related law and other forms of labour regulation,
(c) Promote employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for
self-employment and starting one’s own business, as well as assistance in
finding, obtaining and maintaining retaining employment, providing,
where necessary, on a transitional basis, for adequately resourced, alternative
forms of employment, in conditions that ensure useful and remunerative work,
and provide opportunities for vocational advancement.
(d) Encourage employers to hire persons with disabilities, and to retain
those who acquire a disability while in employment such as through
affirmative action programmes, incentives and quotas and making
available technical supports, assistive devices, wage subsidies, and other
incentives.
(e) Ensure reasonable accommodation of persons with disabilities in the
workplace and work environment by requiring employers to take steps to
improve the accessibility of the work premises and to make adaptations to
the recruitment and hiring process, to workstations, tools and equipment,
job descriptions, including duties and tasks, and work schedules.
(f) Promote the acquisition by persons with disabilities of work experience
in the open labour market
(g) Promote vocational and professional rehabilitation, job retention
and return to work programmes
Protect through legislation persons with disabilities with regard to employment,
continuance of employment, career advancement, job retention and return
to work, working conditions including equal remuneration for work of
equal value and equal opportunities, and the redressing of grievances, ensuring
that they are covered by the provisions of national labour law and to
ensure persons with disabilities are able to exercise their labour and
trade union rights.
(h) Ensure that persons with disabilities have equal opportunity to employment
in the public sector
(i) Promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and labour market, and to
combat stereotypes and prejudices about persons with disabilities in the
workplace and the labour market.
Non-governmental organizations
INTERNATIONAL
DISABILITY CAUCUS
- Draft proposal
IDC Article 22 Right to Work
States Parties recognize the inalienable human right of persons with disabilities
to work and to gain their living by work which they freely choose or accept,
and shall take effective steps to safeguard this right and achieve its realization
by persons with disabilities on an equal basis with others.
1) States Parties shall enact legislation and take other necessary measures
to eliminate discrimination against persons with disabilities in the field
of employment, which shall apply to all employers, whether public, private,
non-profit or any other, and to any form of labor without exception. Legislation
and other measures shall in particular protect the rights of persons with
disabilities with respect to:
a) equal opportunities for employment, including application of the same
criteria for selection, recruitment and promotion, and equal treatment in
evaluation of work and criteria for dismissal;
b) equal remuneration, including benefits, compared with other workers in
the same industry, and applicability of any national minimum wage or other
labor standards;
c) free choice of profession and equal access to placement services, vocational
guidance and training, including advanced vocational training and recurrent
training, and opportunities for career advancement;
d) access to rehabilitation and continuing employment for persons who acquire
a disability while employed or whose impairment is intermittent in nature;
e) equal enjoyment of safe and healthy working conditions, provision for
rest, leisure, reasonable limitation of working hours and holidays with
pay;
f) equal enjoyment and exercise of trade union and labor rights, and equal
access to membership in organizations of workers or of employers;
g) accommodation in the workplace, the denial of which shall be considered
discrimination and treated as such. Accommodation in the workplace includes,
but is not limited to, the adaptation of premises and workplaces, the provision
of special equipment, the change in patterns of working time, the provision
of support workers and redistribution of tasks.
2) States Parties shall undertake actions to promote employment and other
opportunities for economic advancement of persons with disabilities, including
self-employment and business ownership, by such measures as:
a) provision of incentives and subsidies to employers to encourage the hiring
of persons with disabilities;
b) promotion of affirmative action programs and other programs to achieve
equity in employment;
c) targeted promotion of opportunities for persons with disabilities in
the open labor market for employment, self-employment, business ownership,
and career advancement;
d) promotion and provision of programs and services to assist persons with
disabilities in finding, obtaining and maintaining employment;
e) promotion and provision of vocational and professional rehabilitation,
job retention and return to work programs;
f) promotion of the recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labor market, and
to combat stereotypes and prejudices about persons with disabilities in
the workplace and the labor market.
- Information sheet
Article 22 Right to Work
Prepared by the International Disability Caucus
• Fulfillment of the right to work for people with disabilities means primarily
elimination of discrimination, along with positive measures to promote employment
and economic advancement.
• In the work setting, reasonable accommodation is particularly important
as a component of non-discrimination, and its application to the work setting
should be addressed by a non-exhaustive list of types of measures that can
be used to accommodate individuals.
• Legislative measures are necessary to protect against work-related discrimination.
• Non-discrimination legislation must apply to all employment sectors –
public, private and non-profit.
• IDC text is based on CEDAW with respect to equal opportunities for employment,
free choice of profession and enjoyment of safe and healthy working conditions
(IDC paragraphs 1b, 1c and 1e); ICESCR provides the basis for provision
on rest and leisure (IDC paragraph 1e).
• Equal pay for equal work and applicability of minimum wage and other labor
standards to people with disabilities are necessary to eliminate economic
exploitation that has occurred, particularly in segregated employment situations
that are not subject to ordinary labor standards.
• The situation of people who acquire a disability while employed, and people
who experience intermittent impairments, should be addressed by providing
for job security and access to rehabilitation and re-employment.
• Positive measures should include provision of incentives and subsidies
to employers, promotion of affirmative action (such as preferential hiring
and promotion), targeted promotion of employment opportunities in the open
labor market, vocational rehabilitation, job retention and return to work
programs, combating stereotypes, and providing assistance to people with
disabilities in finding, obtaining and maintaining employment (which could
include supported employment in the open labor market).
• The IDC has rejected any mention of sheltered employment or any language
suggesting that such employment fulfills the right to work of people with
disabilities. In many places, “sheltered employment” means workplaces characterized
by segregation and economic exploitation, where ordinary labor laws and
rights do not apply. Such measures represent a limitation rather than a
protection of our right to work and to gain a living by work which we freely
choose.
Human Rights References
UDHR Article 23
1. Everyone has the right to work, to free choice of employment, to just
and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for
equal work.
3. Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection
of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation
of working hours and periodic holidays with pay.
ICESCR Article 6
1. The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his living
by work which he freely chooses or accepts, and will take appropriate steps
to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve
the full realization of this right shall include technical and vocational
guidance and training programmes, policies and techniques to achieve steady
economic, social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic freedoms
to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone
to the enjoyment of just and favourable conditions of work which ensure,
in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction
of any kind, in particular women being guaranteed conditions of work not
inferior to those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with
the provisions of the present Covenant; (b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an
appropriate higher level, subject to no considerations other than those
of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union
of his choice, subject only to the rules of the organization concerned,
for the promotion and protection of his economic and social interests. No
restrictions may be placed on the exercise of this right other than those
prescribed by law and which are necessary in a democratic society in the
interests of national security or public order or for the protection of
the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations
and the right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations
other than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or for the
protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with
the laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions
on the exercise of these rights by members of the armed forces or of the
police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of Association
and Protection of the Right to Organize to take legislative measures which
would prejudice, or apply the law in such a manner as would prejudice, the
guarantees provided for in that Convention.
CEDAW Article 11
1. States Parties shall take all appropriate measures to eliminate discrimination
against women in the field of employment in order to ensure, on a basis
of equality of men and women, the same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application
of the same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to
promotion, job security and all benefits and conditions of service and the
right to receive vocational training and retraining, including apprenticeships,
advanced vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment
in respect of work of equal value, as well as equality of treatment in the
evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement, unemployment,
sickness, invalidity and old age and other incapacity to work, as well as
the right to paid leave;
(f) The right to protection of health and to safety in working conditions,
including the safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage
or maternity and to ensure their effective right to work, States Parties
shall take appropriate measures:
(a) To prohibit, subject to the imposition of sanctions, dismissal on the
grounds of pregnancy or of maternity leave and discrimination in dismissals
on the basis of marital status;
(b) To introduce maternity leave with pay or with comparable social benefits
without loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services
to enable parents to combine family obligations with work responsibilities
and participation in public life, in particular through promoting the establishment
and development of a network of child-care facilities;
(d) To provide special protection to women during pregnancy in types of
work proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall
be reviewed periodically in the light of scientific and technological knowledge
and shall be revised, repealed or extended as necessary.
ICERD Article 5
In compliance with the fundamental obligations laid down in article 2 of
this Convention, States Parties undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the right of everyone,
without distinction as to race, colour, or national or ethnic origin, to
equality before the law, notably in the enjoyment of the following rights:
…
(e) Economic, social and cultural rights, in particular:
(i) The rights to work, to free choice of employment, to just and favourable
conditions of work, to protection against unemployment, to equal pay for
equal work, to just and favourable remuneration;
(ii) The right to form and join trade unions;
JOINT COUNCIL OF THE PHYSICALLY AND MENTALLY DISABLED - HONG KONG
Article 22 Right to Work
Employment is important for persons with disabilities to be able to gain a living by themselves. However, the unemployment rate of persons with disabilities is still much higher than that of the whole population in Hong Kong and similarly in other parts of the world, especially in developing and third world countries. Joint Council suggests that the Convention should protect the right to work of persons with disabilities by proposing affirmative policies such as introduction of quota system through legislation, ensuring adequate supports and accessible accommodations be provided in workplaces, etc. Moreover, vocational rehabilitation services should be provided for those not suitable for open employment.