COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY

Part IV. Rights Based Perspective. 3/12

2. Economic, Social and Cultural Rights

2.1 Right to Work

Despite the statistical existence of unemployment in every country in the world, work continues to be an essential part of the human condition. For many, it represents the primary source of income upon which their physical survival depends. Not only is it crucial to the enjoyment of survival rights such as food, clothing, or housing, it affects the level of satisfaction of many other human rights, such as the rights to education, culture and health.

Many persons with disabilities are denied employment or given only menial or poorly remunerated jobs. This is true even though it can be demonstrated that with proper assessment, training and placement, the great majority of disabled persons can perform a large range of tasks in accordance with the prevailing work norms. In times of unemployment and economic distress, disabled persons are usually the first to be discharged and the last to be hired. Therefore, measures are needed to ensure that disabled persons have equal opportunities for productive and gainful employment in the open labour market.

Article 6 (1) of the International Covenant on Economic, Social and Cultural Rights provides: " State Parties to the present Convention recognise the right to work which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts."

One important international norm concerning the right to work for disabled persons is the Declaration on the Rights of Mentally Retarded Persons. Paragraph 3 of the Declaration states that persons with disabilities have "...the right to perform productive work or to engage in any other meaningful occupation to the fullest possible extent of his capabilities."

Paragraph 7 of the Declaration on the Rights of Disabled Persons deals with the question of a right to work for persons with disabilities. The Declaration states that persons with disabilities have the "...right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation...".

Rule 7 of The Standard Rules on the Equalization of Opportunities for Persons with Disabilities,describes under the heading Employment that the Member States "...should recognise the principle that persons with disabilities must be empowered to exercise their human rights, particularly in the field of employment." This statement clarifies that people with disabilities have a fundamental right to work. Rule 7 also emphasises that "...in both rural and urban areas, they [persons with disabilities] must have equal opportunities for productive and gainful employment in the labour market."

The right to work is also mentioned in the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.  Paragraph 45 of the Rules states that "...wherever possible, juveniles should be provided the opportunity to perform remunerated labour...". The text also provides that "...the type of work should be such as to provide appropriate training...".

There are also two main agreements concerning the right of disabled persons. First, the World Programme of Action concerning Disabled Persons states in paragraph 128 how Member States should "...adopt a policy and supporting structure of services to ensure that disabled persons in both urban and rural areas have equal opportunities for productive and gainful employment in the open labour market." Paragraph 129 consists of proposed methods in which States can support the integration of disabled persons into open employment.

The second international agreement is the Tallinn Guidelines for Action on Human Resource Development in the Field of Disability. Paragraph 33 states: " Disabled persons have the right to be trained for and to work on equal terms in the regular labour force."

The Convention Concerning Vocational Rehabilitation and Employment (Disabled Persons)[60]outlines the rights of  persons  with disabilities to appropriate training and employment, not only in specialised institutions and workshops, but alongside non-disabled people in mainstream training centres and in open labour markets. The Convention stipulates that employers' and workers' organizations, together with Governments and organizations 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 organizations 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)[61]. Both instruments appeal for renewed efforts to ensure that persons with disabilities have equal access to employment and training. The instruments also stressed the importance of employers' and workers' organizations. 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 Occupation[62]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' organizations...". 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' organizations, 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 Resources [63]provides that Members shall "...adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training...". 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 Disabled[64]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' organizations, 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' organizations 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 organizations to the development of vocational rehabilitation services. Article 38 outlines suggested measures to be taken to involve disabled persons and their organizations in the development of vocational rehabilitation services.

Article 4 (1) of the Recommendation concerning Vocational Guidance and Vocational Training in the Development of Human Resources[65]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.

A right to work is contained in the European Social Charter. Article 1 provides that "...everyone shall have the opportunity to earn his living in an occupation freely entered upon."; see also the new section on employment, including four pillars, in The Amsterdam Treaty.

Article 6 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights states that "...everyone has the right to work."

Article 15 of the African Charter on Human and Peoples' Rights provides for a basic "...right to work ... for everybody."

Other international standards on disability include:

1. The Standard Rules for the Equalization of Opportunities for Persons with Disabilities: Rule 7  
2. World Programme of Action concerning Disabled Persons: Paragraph 129
3. Recommendation Concerning Vocational Rehabilitation and Employment (Disabled Persons): Paragraphs 9-11
4. Tallinn Guidelines for Action on Human Resource Development: Paragraphs 35 - 37
5. Recommendation concerning Vocational Rehabilitation of the Disabled: Paragraphs 28 - 31
6. European Social Charter: Article 15

2.2 Right to Work Protection

Work protections consist of the right to safe and appropriate working place. Although there are international agreements and norms pertaining to the right of disabled persons to work, often persons with disabilities need special working tasks or standards commensurate with their individual abilities.

The Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) provides in article 3  that "...the said policy shall aim at ensuring that appropriate vocational rehabilitation measures are made available to all categories of disabled persons...".

Paragraph 7 of the Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons) states that "...disabled persons should enjoy equality of opportunity and treatment in respect of access to (...) employment which, wherever possible (...) takes account of their individual suitability for such employment."

Paragraph 44 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty states that "...all protective national and international standards applicable to child labour and young workers should apply to juveniles deprived of their liberty."

The World Programme of Action concerning Disabled Persons describes in several paragraphs measures which should be adopted to ensure work protection and avoid work-related injury / illnesses. Paragraph 95 of the Programme states that "...the technology to prevent and control most disablement is available and improving but is not always fully utilised. Member States should take appropriate measures for the prevention of impairment and disability and ensure the dissemination of relevant knowledge and technology."

The report Disability prevention and rehabilitation[66]gives an overview of rehabilitation services, rehabilitation technology and  the problems which are combined with such a task, e.g. organization, manpower or administrative problems.

2.3 Right to Develop Work Skills   

The development of work skills is important for disabled persons in that the improvement of work skills enhances independence and builds self-esteem. The following programmes and policies have been adopted in order to enable persons with disabilities to develop their work skills.

Article 1 (5) of the Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources obliges Member States toimplement programmes and policies to "...encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work...".

The Recommendation concerning Vocational Rehabilitation of the Disabled outlines various principles and methods of vocational guidance, vocational training and placement of disabled persons. Paragraph 3 states that "...all necessary and practicable measures should be taken to establish or develop specialised vocational guidance service for disabled persons requiring aid in choosing or changing their occupations."

Paragraph 53 of the Recommendation concerning Vocational Guidance and Vocational Training in the Development of Human Resources provides that "...persons who are handicapped or disabled should have access to vocational guidance and vocational training programmes provided for the general population." If the person or group requires special measures, "...special adjusted programmes should be provided."

Article 9, 10 and 15 of the European Social Charter enunciate a right to vocational guidance and training. Article 9 provides that States should "...provide or promote, as necessary, a service which will assist all persons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual's characteristics and their relation to occupational opportunity...". This assistance should be available free of charge, both to young persons, including school children, and to adults. Article 10 states: "... the Contracting Parties undertake: (...) To provide or promote, as necessary, the technical and vocational training of all persons, including the handicapped, in consultation with employers' and workers' organizations, and to grant facilities for access to higher technical and university education, based solely on individual aptitude." Article 15 outlines the right of persons with physical or mental disabilities to vocational training, rehabilitation and social resettlement.

Paragraph 6 of the Declaration on the Rights of Disabled Persons states that "...disabled persons have the right to (...) education, vocational training and rehabilitation, (...) which will enable them to develop their capabilities and skills to the maximum and will hasten the processes of their social integration or reintegration."

Moreover, Rule 7(2) of The Standard Rules on the Equalization of Opportunities for Persons with Disabilities provides that "States should actively support the integration of persons with disabilities into open employment. This active support could occur through a variety of measures, such as vocational training...". Rule 19 (3) states that "States should develop training programmes in consultation with organizations of persons with disabilities, and persons with disabilities should be involved as teachers, instructors or advisers in staff training programmes."

Paragraph 132 of the World Programme of Action concerning Disabled Persons consists of a list of services that should be provided by Governments to ensure that disabled persons have equal opportunities for productive and gainful employment. Such services should include, vocational assessment and guidance, vocational training, placements and follow-up. Sheltered employment should be made available for those who, because of their special needs or particularly severe disabilities, may not be able to cope with the demands of competitive employment.

Paragraph 9 of the Tallinn Guidelines for Action on Human Resources Development in the Field of Disability states: " The abilities of disabled persons (...) should be strengthened through community-based supplementary services provided by Governments or non-governmental organizations. These services should promote self-determination and enable persons with disabilities to participate in the development of society." In relation to employment, paragraph 33 provides that "...disabled persons have the right to be trained and to work equal terms in the regular labour force."

2.4 Affirmative Action Policies

Affirmative action policies are necessary in order to ensure equal opportunities for disabled persons to compete on an equal basis with non-disabled persons.

Paragraph 11 (a) of the Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons) encourages States to take measures to create job opportunities in the open market.

The Recommendation concerning Vocational Rehabilitation of the Disabled outlines various methods of widening employment opportunities and sheltered employment for persons with disabilities. Paragraph 29 states that measures should be based on the following principles: "Disabled persons should be afforded an equal opportunity with the non-disabled to perform work for which they are qualified; disabled persons should have the full opportunity to accept suitable work with employers of their own choice; and emphasis should be placed on the abilities and work capacities of disabled persons and not of their disabilities." Paragraph 30 specifies that the measures to be taken include research designed to analyse and demonstrate the working capacity of disabled persons and widespread and sustained publicity. Paragraphs 32 and 35 deal especially with sheltered employment.

Article 15 (2) of the European Social Charter provides that State Parties must provide "...adequate measures for the placing of disabled persons in employment, such as specialised placing service, facilities for sheltered employment and measures to encourage employers to admit disabled persons to employment."

Paragraph 129 of the World Programme of Action concerning Disabled Persons provides that Member States should support the integration of disabled persons into open employment market. States could do this through a variety of measures, such as incentive-oriented quota schemes, reserved or designated employment, loans or grants for small businesses and co-operatives, exclusive contracts or priority production rights, tax concessions, contract compliance or other technical or financial assistance to employing disabled workers.

Paragraph 7(2) of The Standard Rules on the Equalization of Opportunities for Persons with Disabilities provides that States should actively support the integration of persons with disabilities into open employment and lists ways in which States could fulfil this aim. Furthermore, Rule 7 (8) provides that "...measures should be taken to include persons with disabilities in training and employment programmes in the private and informal sectors."

Paragraph 35 of the Tallinn Guidelines for Action on Human Resources Development in the Field of Disability states that the opportunities of employment "...can be promoted, primarily, by measures relating to employment and salary standards that apply to all workers and secondarily by measures offering special support and incentives. In addition to formal employment, opportunities should be broadened to include self-employment, co-operatives and other group income-generating schemes." The paragraph continues: " Where special national employment drives have been launched for youth and unemployed persons, disabled persons should be included. Disabled persons should be actively recruited, and when a disabled candidate and non-disabled candidate are equally qualified, the disabled candidate should be chosen."

2.5 Equitable Recruitment Policies

An essential criteria of fair employment policies, is the recruitment of persons with disabilities. The recruitment of persons with disabilities necessities   the possibilities to work at a  level corresponding to their abilities, and a higher attention to re-integration. Such policies affect not only the Governments of the Member States in the field of implementation in national law, but also working organizations of employers and employees.  This should be followed by recruitment policies active measures to ensure access by direct recruitment, and to ensure and establish a higher number of workers with disabilities in the free labour market.

The ILO adopted several conventions related to disability and employment. The Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) contains a more or less concrete description of recruitment policies. For example, article 3 states that "...the said policy shall aim (...) at promoting employment opportunities for disabled persons in the open labour market." Article 7 states: "The competent authorities shall take measures with a view to providing and evaluating other related services to enable disabled persons to secure, retain and advance in employment...". Also, the Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons) describes a duty for Member States to support full access to the open labour market through recruitment policies. For instance, in paragraph 11, lit. b relates to the special group of persons with disabilities which can not participate in the open labour market: " Appropriate government support for the establishment of various types of sheltered employment for disabled persons for whom access to open employment is not practicable."

In accordance with equitable recruitment policies, other international norms have to be addressed such as The Standard Rules on the Equalization of Opportunities for Persons with Disabilities. Therein,  States and other organizations are asked to support the aim of ensuring such recruitment policies. As an example, Rule 7 (6) proclaims: "States, workers' organizations and employers should co-operate to ensure equitable recruitment and promotion policies, employment conditions, rates to pay, measures to improve the work environment in order to prevent injuries and impairments and measures for the rehabilitation of employees who have sustained employment-related injuries." Further on, the Standards Rules describe in Rule 7(7) the final idea of all measures enunciated before, namely:  " The aims should always be for persons with disabilities to obtain employment, small units of sheltered or supported employment may be an alternative. It is important that the quality of such programmes be assessed in terms of their relevance and sufficiency...".

Paragraph 131 of the World Programme of Action concerning Disabled Persons provides that "...there should be mutual co-operation at the central and local level between Governments and employers' and workers' organizations in order to develop a joint strategy and joint action...". And further on: " Such co-operation could concern recruitment policies, measures to improve the work environment in order to prevent handicapping injuries and impairments and measures for rehabilitation of employees impaired in the job." 

2.6 Fair and Equitable Employment Conditions and Rates

To realise equitable rights for persons with disabilities, it is necessary to give  put into force international norms dealing with equitable employment conditions and fair wages.

Paragraph 7 of the Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons) provides that "...disabled persons should enjoy equality of opportunity and treatment in respect of access to, retention of and advancement in employment...". Paragraph 10 proclaims that  "...measures should be taken to promote employment opportunities for disabled persons, which conform to the employment and salary standards applicable to workers generally." Furthermore, paragraph 11 provides a wide range of possible measures, which should be adopted.

As a legally binding instrument, the International Covenant on Economic, Social and Cultural Rights, states in article 7 that States recognise the right of everyone, such as persons with disabilities, the enjoyment of just and favourable work conditions. This includes four main standards: remuneration; safe and healthy working conditions; equal opportunity to be promoted to an appropriate higher level; rest, leisure and reasonable limitation of working hours, as well as periodic holidays with pay and remuneration for public holidays.

The Standard Rules for the Equalization of Opportunities for Persons with Disabilities provide in Rule 7 several different measures, which should be adopted to realise and ensure fair and equitable employment conditions. Rule 7(3) provides that "States' action programmes should include, "Measures to design and adapt workplace and work premises in such a way that they become accessible to persons with different disabilities; support for the use of new technologies and the development and production of assistant devices, tools and equipment for persons with disabilities to enable them to gain and maintain employment; and provisions of appropriate training and placement and ongoing support such as personal assistance and interpreter services."

Furthermore, the Standard Rules mention statements related to working conditions: " In their capacity as employers, States should create favourable conditions for the employment of the persons with disabilities in the public sector."

In the context of fair working conditions, the World Programme of Action concerning Disabled Persons demonstrates, in paragraphs 131 and 133, ideas similar to the Standard Rules. Paragraph 131 states that "There should be mutual co-operation at the central and local level between Government and employers' and workers' organizations in order to develop a joint strategy and joint action with a view to ensuring more and better employment opportunities for disabled persons. Such co-operation could concern recruitment policies such as measures to improve the work environment in order to prevent handicapping injuries and impairments, measures for rehabilitation of employees impaired in the job, e.g. by adjusting and work contents to their requirements." And concerning the special situation of States as employers, paragraph 133 mentions that "...[w]hen acting as employers, central and local Government should promote employment of disabled persons in the public sector. Laws and regulations should not raise obstacles to the employment of disabled persons."

2.7 Assurance of Anti-discrimination Policies for Employees with Disabilities

Article 9 (1) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights confers that "...everyone shall have the right to social security protecting him from the consequences (...) of disability, which prevents him, physically or mentally, from securing the means for a dignified and decent existence".

Article 6 of the Convention concerning Employment Promotion and Protection against Unemployment urges States to ensure the equality of treatment for all persons in the disbursement of social security benefits, without discrimination on the basis of disability. The preceding should not prevent the adoption of special measures to meet the specific needs of categories of persons who have particular problems in the labour market, in particular disadvantaged groups.

Article 4 of the Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) sets forth that State employment and vocational rehabilitation policies be based on the principle of equal opportunity between disabled workers and workers without disabilities.

Paragraph 23 of the Recommendation concerning Vocational Rehabilitation of the Disabled states that "...disabled persons should be enabled to make use of all rehabilitation services without losing any social security benefits which are unrelated to their participation in these services." Paragraph 25 sets forth that "...disabled persons, including those that receive disability pensions, should not (...) be discriminated against in respect to wages and other conditions of employment if their work is equal to that of non-disabled persons."

Article 11(f) of the Declaration on Social Progress and Development states that one of the goals of social progress and development shall be the guarantee that all individuals without discrimination of any kind receive the necessary aid in the exercise and safeguard of their rights.

Paragraph 63 of the Vienna Declaration and Programme of Action states that any direct discrimination or other negative discriminatory treatment against a disabled person is a violation of his or her rights. Governments are urged to adopt or adjust legislation to assure non-discriminatory treatment of disabled persons.

Chapter II, General principles, paragraph 1, of The Vancouver Declaration on Human Settlements states that the improvement of the quality of the life of humans begins with the satisfaction of the basic needs, which includes social security without discrimination.

Paragraph 1 of the Declaration on the Rights of Disabled Persons states that disabled persons have the same civil and political rights as other human beings.  Paragraph 7 states that disabled persons have the right to economic and social security.

Paragraph 118 of the World Programme of Action concerning Disabled Persons states that where social security exists for the general population, it should not exclude or discriminate against disabled persons. Paragraph 61 recommends that States enact legislation in order to achieve equal opportunities for disabled persons.

2.8 Social Insurance for Employees with Disabilities

There should be a strong commitment to enact legislation that equalises employment opportunities for the disabled.  States should encourage the implementation of measures and programmes that ensure that disabled persons' entitlements are equal to others.  Such measures should include worker's compensation, disability insurance, and unemployment insurance. 

Involuntary unemployment exists and, therefore, it is important to ensure that social systems provide employment assistance and economic support to those who are involuntarily unemployed. Special measures should be adopted that are designed to meet the specific needs of the disabled who have a particular problem in the labour market.  Measures such as the following:

1. Long- term cash benefit to compensate for loss of income due to disability;
2. Financial assistance as a supplement in the case of low income due to disability;
3. Income maintenance during rehabilitation periods and
4. Supplementary or special benefits in cash or in kind to compensate for extra expenses due to disability.

2.9 Workers' Compensation

Compensation for injury or harm caused by occupational accidents or diseases is generally covered by, 1) private insurance, 2) Social insurance and 3) Civil liability or tort law.

The disabled should be able to get compensation by using either one or all three of these avenues.  However, worker's compensation is the easiest and most inexpensive avenue for disabled workers to utilise. In enacting legislation, several issues have to be addressed, such as how to determine contribution to the worker's compensation funds and how the benefits will be distributed.

2.10 Disability Insurance

Disability insurance ensures economic and social protection during disability. Legislators must determine what type of benefits are to be covered, i.e. medical treatment, rehabilitation, and restoration of earning capacity. 

2.11 Unemployment Insurance

It is important to ensure that social systems provide employment assistance and economic support to those who are involuntarily unemployed. Unemployment is rampant among persons with disabilities. Unemployment insurance will help disabled persons find employment through special programmes geared to their particular problem, while providing  economic support during the interim period.

Article 25 of the Universal Declaration of Human Rights confers that each person has the right to security in the event circumstances beyond one's control affect one'slivelihood.Article XVI ofthe American Declaration of the Rights and Duties of Man proclaims the right of every person to enjoy the protection of the State.

Article 19 of the Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social, and Cultural Rights states than employees right to social security should cover at least medical care and an allowance or retirement benefit in the case of work accidents or occupational disease.

Article 9 of the International Covenant on Economic, Social and Cultural Rights states that everyone has a right to social security, including social insurance.

Article 26 (1) of the Convention on the Rights of the Child recognises a child's right to social insurance.

Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women urges States to take appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights. Article 11 (1) (e) states that such measures are taken in order to ensure the right to social security in cases where there is an incapacity to work.

Article 31 of the Convention concerning Minimum Standards of Social Security urges States to secure to employees workmen's compensation. According to Article 34, the benefits should include general and specialist practitioner care, nursing care, medical and pharmaceutical supplies, and hospitalisation. Article 35 provides that Governments administering medical care shall co-operate with the general vocational rehabilitation services, with a view to the re-establishment of handicapped persons in suitable work.

Article 4 of the Convention Concerning Benefits in the Case of Employment Injury states that national legislation concerning employment injury benefits shall protect all employees in the public and private sectors. Article 6 sets forth the contingencies covered due to an employment injury:

1. a morbid condition;
2. incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national legislation;
3. total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty and
4. the loss of support suffered as the result of the death of the breadwinner by prescribed categories of beneficiaries.

Articles 7 and 8 urge States to define industrial accident and prescribe a list of diseases to be regarded as occupational diseases in their legislation. Article 9 provides that States shall secure to the persons protected the provision of the following benefits:

1. Medical care and allied benefits in respect of a morbid condition and;
2. Cash benefits in respect of the contingencies specified in article 6 (b), (c) and (d). 

Article 9 also states that eligibility for benefits may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions and that benefits be granted throughout the contingency.

Articles 13 and 14 state that cash benefits or periodical payments will be made in respect of temporary loss of earning capacity or initial loss of earning likely to be permanent.

Article 16 states that increments in periodical payments or other supplementary or special benefits shall be provided for disabled persons requiring the constant help or attendance of another person.

Articles 19 and 20 state that in the case of a periodical payment, the rate of the benefit shall be as such as to attain, in respect of the contingency in question, for the standard beneficiary, at least the percentage indicated therein of the total of the previous earnings of the beneficiary, or at least the percentage indicated therein of the total wage of an ordinary adult male labourer. Article 23 (1) states that every claimant shall have a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity.

Convention Concerning Employment Promotion and Protection against Unemployment recognises the importance of ensuring that social security systems provide employment assistance and economic support to those who are involuntarily unemployed. Article 2 urges States to take steps to co-ordinate its system of protection against unemployment and its employment policy.  It shall seek to ensure that its system of protection against unemployment, and in particular the methods of providing unemployment benefit, contribute to the promotion of full, productive and freely chosen employment, and are not such as to discourage employers from offering and workers from seeking productive employment.

Article 7 encourages States to declare as a priority objective a policy designed to promote full, productive and freely chosen employment by all appropriate means, including social security.  Such means should include employment services, vocational training and vocational guidance. Article 8 adds that States should establish special programmes to promote additional job opportunities and employment assistance and to encourage freely chosen and productive employment for disadvantaged persons having or liable to have difficulties in finding lasting employment such as disabled persons.

Article 24 sets forth that when a State provides unemployment benefits that the periods which benefits are paid should in its calculation take into account disability. Article 27 provides that in the event of refusal, withdrawal, suspension or reduction of benefit or dispute as to its amount, claimants shall have the right to present a complaint to the body administering the benefit scheme and to appeal thereafter to an independent body.  The appeal procedure shall enable the claimant to be represented or assisted by a qualified person of the claimant's choice or by a delegate of representative workers' organization or by a delegate of an organization representative of protected persons.

Article 21(b) of the Recommendation concerning Vocational Rehabilitation of the Disabled sets forth that financial assistance is an appropriate measure to be taken to enable disabled persons to make full use of all vocational rehabilitation services.  Furthermore, paragraph 22.1 states that financial assistance be provided in order to facilitate the preparation for and retention of suitable employment.

Article 11(a) of the Declaration on Social Progress and Development states that social progress and development should aim for the implementation of insurance schemes for all persons who, because of illness, disability, or old age, are temporarily or permanently unable to earn a living.

Paragraph 29, Commitment 2 (d) of The Copenhagen Declaration and Programme of Action recommends the implementation of policies to ensure that all people have adequate economic and social protection during disability.

Rule 8 (2) of The Standard Rules on the Equalization of Opportunities for Persons with Disabilities sets forth that in countries where social insurance schemes exist or are being developed, States should ensure that such schemes do not exclude or discriminate against the disabled.

Paragraph 131 of the World Programme of Action concerning Disabled Persons encourages co-operation at the central and local level between government and employers' and workers' organizations in order to develop measures for rehabilitating employees impaired in the job.

60.  ILO Convention No. 159.

61.  ILO Recommendation No. 168.

62.  ILO Convention No. 111.

63.  ILO Convention No. 142.

64.  ILO Recommendation No. 99.

65.  ILO Recommendation No. 150.

66.  An outcome of the WHO Expert Committee on Disability Prevention and Rehabilitation, WHO, Geneva 1981.

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