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UN Programme on Disability   Working for full participation and equality


Article 27 - Right to work
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Sixth Session



Consolidation of proposals submitted by the Facilitator


11th August 2005
Draft Article 22: RIGHT TO WORK
Facilitatorís 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.




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