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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
11th August
2005
Draft Article 22: RIGHT TO WORK
Facilitator’s Proposal
States Parties recognize the right to work of all persons with disabilities
of lawful working age, on an equal basis with others; this includes the
opportunity to gain a living by work freely chosen or accepted , with a
view to protecting 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 including by way of legislation
and shall in particular:
a. prohibit discrimination on the basis of disability in all matters connected
with employment;
b. require reasonable accommodation of persons with disabilities in the
workplace and work environment;
c. ensure appropriate representation for persons with disabilities in government
ministries and require appropriate representation in the workforce of the
public sector and of large private sector employers;
d. protect the right of persons with disabilities in all forms of employment,
to equal application of employment protection laws and standards, in particular
equal remuneration for work of equal value;
e. encourage employers to hire and retain persons with disabilities, by
way of such measures as the promotion of affirmative action programs, and
the provision of financial incentives and support;
f. enable persons with disabilities to have effective access to general
technical and vocational and career guidance programs, employment counseling
and placement services, supplemented by information in accessible formats
on rights and obligations under labour-related law and other forms of labour
regulation;
g. 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 and the promotion and provision
of assistance in finding, obtaining and maintaining and returning to employment,
including vocational and professional training and transition programmes;
h. take all possible measures to replace alternative forms of employment
with employment in the open labour market, and to the extent that alternative
forms exist, ensure that they are adequately resourced, in conditions that
provide opportunities for vocational advancement and facilitate the move
into the open labour market and that employment protection laws and standards
apply;
i. promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market, and
combat stereotypes and prejudices about persons with disabilities in the
workplace and the labour market.