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The International Labour Organization (ILO) has always advocated that disabled persons should be given every opportunity for vocational rehabilitation, including vocational guidance, training or re-adaptation, as well as opportunities for employment, whether open or sheltered conditions.
The Convention concerning Vocational Rehabilitation and Employment (Disabled Persons)19 outlines the rights of disabled persons to appropriate training and employment, not only in specialised institutions and sheltered workshops, but alongside non-disabled people in mainstream training centres and in open labour markets. The Convention stipulates that employers’ and workers’ organisations, together with Governments and organisations of disabled persons share responsibility for helping disabled persons to realise their rights.
Article 4 clarifies that positive action undertaken to equalise opportunities for disabled workers cannot be regarded as discrimination against non-disabled workers. Articles 2 and 5 provide that organisations of employers and workers shall be consulted on the implementation of national policies on vocational rehabilitation and employment of disabled persons. Article 8 states that measures shall be taken to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.
Along with the Convention, the plenary International Labour Conference adopted the Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons)20. Both instruments appeal for renewed efforts to ensure that the disabled are ensured equal access to employment and training. The instruments also stressed the importance of employers’ and workers’ organisations. In addition, both instruments stress the importance of employment and training of disabled persons in rural areas.
Notably, the definition of discrimination in article 1 of the Convention concerning Discrimination in Respect of Employment and Occupation21 does not specifically include a distinction based on the disability of a person. However, under article 1 (2), the term discrimination includes "…such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organisations…". Thus, discrimination on the ground of disability may come within the provisions of the Convention, if so determined by the Member.
Article 5 emphasises the taking of special measures for the protection of disabled persons in employment: "Any member may after consultation with representative employers’ and workers’ organisations, where such exist, determine that other special measures designed to meet the particular requirements of persons who, for reasons such as sex, age, disablement, family responsibilities or social or cultural status, are generally recognised to require special protection or assistance, shall not be deemed to be discrimination." (emphasis added).
Article 1 of the Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources22 provides that Members shall "…adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training¼". Article 3 (1) specifically refers to disabled persons: "Each Member shall gradually extend its systems of vocational guidance, including continuing employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to (...) handicapped and disabled persons." (emphasis added).
The Recommendation concerning Vocational Rehabilitation of the Disabled23 was a landmark in promoting the rights of the disabled to participate fully in employment, as was evidenced by the fact that many countries throughout the world have based their vocational rehabilitation laws on the recommendation. Paragraph 25 provides that disabled persons should not be discriminated against in respect of wages and other conditions of employment if their work is equal to that of non-disabled persons. Section VII of the Recommendation concerns methods of widening employment opportunities for disabled persons. Paragraph 28 states that "…measures should be taken, in close co-operation with employers’ and workers’ organisations, to promote maximum opportunities for disabled persons to secure and retain suitable employment." Examples of measures to be taken are outlined in paragraph 30 and the principles behind the measures are outlined in paragraph 29.
The Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons) aims to encourage Members to improve vocational rehabilitation and employment assistance for disabled persons. Article 15 and articles 31 to 37 emphasise the important role of employers’ and workers’ organisations and the community itself in vocational rehabilitation and employment assistance. Part IV of the Recommendation concerns the training and employment of disabled persons in rural areas. Article 20 provides that particular efforts should be made to ensure that vocational rehabilitation services are provided for disabled persons in rural areas and remote communities at the same level and on the same terms as those provided for urban areas. Part VII concerns the contribution of disabled persons and their organisations to the development of vocational rehabilitation services. Article 38 outlines suggested measures to be taken to involve disabled persons and their organisations in the development of vocational rehabilitation services.
Article 4 (1) of the Recommendation concerning Vocational Guidance and Vocational Training in the Development of Human Resources24 provides that "Members should adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment, in particular through public employment services." Article 7 (1) provides that Members should aim to provide appropriate programmes for all handicapped and disabled persons.
19 ILO Convention No. 159
20 ILO Convention No. 168
21 ILO Convention No. 111
22 ILO Conventon No. 142
23 ILO Recommendation No. 99
24 ILO Recommendation No. 150
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