Work and employment
States Parties recognise 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 safeguard and promote the realisation of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:
(a) Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;
(b) Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
(c) Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
(d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
(e) Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
(f) Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one’s own business;
(g) Employ persons with disabilities in the public sector;
(h) Promote the employment of persons with disabilities in the private sector through appropriate polices and measures, which may include affirmative action programmes, incentives and other measures;
(i) Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
(j) Promote the acquisition by persons with disabilities of work experience in the open labour market;
(k) Promote vocational and professional rehabilitation, job-retention and return-to-work programmes for persons with disabilities;
States Parties shall ensure that persons with disabilities are not held in slavery or in servitude and are protected, on an equal basis with others, from forced or compulsory labour. (Article 27)
Obligations
This article applies the right of work and employment to persons with disability. It requires State Parties to recognise the equal right of persons with disability to freely chosen or accepted work in an open and inclusive labour market under just and fair conditions. Reiterating the CRPD’s general prohibition on discrimination on the ground of disability, the article specifically requires State Parties to prohibit discrimination in relation to all aspects of work and employment, including conditions of recruitment, hiring, continuity of employment, career advancement and occupational health and safety. Similarly, State Parties are specifically required to ensure that reasonable accommodation of disability related needs is provided in the workplace. State Parties are also required to ensure that persons with disability are protected from harassment in the workplace, have effective avenues for the redress of work-related grievances, and are able to exercise their labour and trade union rights on an equal basis with others. The article requires State Parties to ensure that persons with disability have access to comprehensive employment-related support services and education and training, including vocational training, vocational guidance, work-experience, jobseeker and placement services, placement support and job retention services, and return to work rehabilitation and other support services. Additionally, State Parties are required to promote self-employment, work cooperatives, entrepreneurship, and personal business opportunities for persons with disability. State Parties are also required to lead by example by providing employment for persons with disability in the public sector, and to promote their employment in the private sector by adopting policies and measures such as affirmative action programmes and incentives. Paragraph 2 of the article requires State Parties to ensure that persons with disability are effectively protected from slavery and servitude and from forced and compulsory labour on an equal basis with others.
Indicators
• Persons with disability have access to work on an equal basis with others.
• Persons with disability have the opportunity to gain a living in a freely chosen or accepted labour market and work environment.
• Persons with disability have access to open, inclusive and accessible employment.
• Discrimination on the ground of disability is prohibited in all forms and aspects of employment, including:
• Persons with disability have access to just and favourable conditions of work on an equal basis with others. This includes
• Persons with disability exercise their labour and trade union rights on an equal basis with others.
• Persons with disability have effective access to general technical and vocational guidance programs, placement services and vocational and continuing training.
• Career opportunities and career advancement for persons with disability are promoted.
• Persons with disability are provided with assistance to find, obtain, maintain and return to employment.
• Opportunities for self-employment, entrepreneurship, development of cooperatives and personal enterprises are promoted to persons with disability.
• Persons with disability are employed in the public sector.
• There are policies and measures (such as affirmative action and incentives), which promote employment of persons with disability in the private sector.
• Persons with disability have access to reasonable accommodation of their impairment and disability related needs in the workplace.
• Persons with disability have access to work experience in the open labour market.
• Vocational and professional rehabilitation, job-retention and return-to-work programs for persons with disability are promoted.
• Persons with disability are not held in slavery or in servitude and are protected from forced or compulsory labour on an equal basis with others.
Example
The right to work and employment will be particularly relevant to people who through their work are involved in:
• Working with clients in all employment circumstances
• Working with clients who are prospective employees seeking employment in any capacity