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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
Working Group
Draft Article 22
RIGHT TO WORK 86, 87, 88
States Parties recognise 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 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; 89
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. 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,
as well as assistance in finding, obtaining and maintaining employment;
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;
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.
Footnotes:
86: The Ad Hoc Committee may wish to consider
the potential role of the International Labour Organisation in implementing
and monitoring the right to work under this Convention.
87: Some members of the Working Group raised
the issue of a need to address the special circumstances of women with disabilities
in fulfilling this right.
88: The Ad Hoc Committee may wish to consider
whether broad terms in which this draft Article is expressed are consistent
with the detailed provisions of other articles of the draft Convention. The
Committee may also wish to consider in this context whether further thought
should be given to elaborating provisions for the training of persons with disabilities.
89: The Ad Hoc Committee may wish to consider
whether to spell out the meaning of this provision in practice and the further
definition of the term 'inclusive' in this context. In this context, too, the
Committee may wish to consider whether transportation to the workplace for persons
with disabilities is covered under the provision of access to the workplace
under draft Article 19.
90: The Ad Hoc Committee may wish to consider
the addition of the phrase 'pursue active labour market policies', at the beginning
of this subparagraph.
91: The Ad Hoc Committee may wish to consider
the appropriateness of specifying the particular responsibility of governments
as employers in this context.
92: The Ad Hoc Committee may wish to consider
the appropriateness of specifically mentioning quotas as a possible measure
in this draft Article.
93: Some members of the Working Group emphasised
the particular importance of the obligation to make reasonable accommodation
in the employment context, and considered that a more detailed paragraph on
reasonable accommodation should be elaborated under the right to work, in addition
to any draft article on reasonable accommodation elsewhere in the Convention.
94: The Ad Hoc Committee may wish to consider
this formulation to take into account the protection of persons with disabilities
from disguised discrimination in the workplace, such as stipulating unnecessary
qualifications that have the effect of excluding persons with disabilities from
employment.
95: The Ad Hoc Committee may wish to consider
whether the listing of working conditions here may be inadvertently limiting.
96: The Ad Hoc Committee may wish to expand
on the idea of recognition to encompass the formal recognition of the skills
of persons with disabilities.