Final report of the Special Rapporteur of the
Commission for Social Development on monitoring the
implementation of the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities
8 of 9   
V. ACTIVITIES OF THE SPECIAL RAPPORTEUR
D. Related survey - employment: rule 7
1. Summary of rule 7
One of the most important fields for action in disability policy concerns the creation
of equal job opportunities. Without success in that area, it will not be possible to
achieve the overall goal of full participation. The essence of rule 7 on employment is
that persons with disabilities should be empowered to exercise their right to gainful
employment, and that it is the responsibility of States to remove all remaining obstacles
to employment. The aim should always be for persons with disabilities to obtain employment
in the open labour market. For persons with disabilities whose needs cannot be met in open
employment, small units of sheltered or supported employment may be an alternative.
The following quotations further illustrate the contents of rule 7:
(a) "Laws and regulations in the employment field must not discriminate against
persons with disabilities and must not raise obstacles to their employment" (para.
1);
(b) "States should actively support the integration of persons with disabilities
into open employment" (para. 2);
(c) "States, workers' organizations and employers should cooperate with
organizations of persons with disabilities concerning all measures to create training and
employment opportunities ..." (para. 9).
The text also contains several examples of various technical measures that could be
taken by Governments in order to achieve those objectives.
Equal opportunities and the integration of disabled persons into the community are also
the objectives of Convention No. 159, adopted by ILO in 1983, which is in conformity with
the provisions of rule 7 on employment in the Standard Rules. In fact, rule 7 was
formulated on the basis of that Convention.
2. ILO Convention No. 159
121. Convention No. 159 provides for vocational rehabilitation measures for all
categories of disabled persons and for promotion of employment opportunities and equal
treatment of disabled men and women. The Convention also requires that member countries,
when formulating and implementing policies, should consult organizations of disabled
persons.
When the survey was made at the beginning of 1996, 54 countries had ratified the
Convention.
The distribution of those countries is as follows:
(a) Industrialized countries - 14;
(b) Countries in the Middle East and North Africa - 5;
(c) Countries in transition - 11;
(d) Countries in Latin America and the Caribbean region - 13;
(e) Countries in sub-Saharan Africa - 8;
(f) Countries in South Asia, East Asia and the Pacific - 3.
In accordance with article 22 of the ILO Constitution ratifying member States must
submit an annual report to the International Labour Office. In the report member States
must give information about all the measures taken for the purpose of giving effect to the
Convention.
A Committee of Experts on the Application of Conventions and Recommendations is
appointed by the Governing Body of ILO. The Committee's main task consists of examining
the reports submitted by Governments. ILO may write to Governments and request them to
provide additional information.
In order to assist the Special Rapporteur in monitoring rule 7 on employment, ILO made
country reports and communications between Governments and the Committee of Experts
available for his analysis. He has studied six articles of the Convention that are close
to the contents of rule 7 on employment. Following are a few general observations
concerning the compliance by ratifying countries with requirements under some of the
articles:
(a) Eleven of the 54 countries have not yet supplied any Government report;
(b) Eleven countries, mainly industrialized countries, have given effect to the
Convention through various measures based on legislation. In those countries the
Convention is considered by the ILO to be applied in its entirety;
(c) In seven countries measures concerning consultations and cooperation with
representative organizations of disabled persons have not been ensured;
(d) In three countries there are no measures to enable disabled persons to gain and
maintain employment;
(e) In 10 countries measures concerning vocational rehabilitation and employment
services in rural areas and remote communities have not been ensured;
(f) In eight countries measures to provide qualified vocational rehabilitation staff
have not yet been taken;
(g) In 16 countries the legislation is insufficient to guarantee full application of
the Convention, or the Convention is deemed to be applied to a very limited extent. In one
country the Convention is deemed not to be applied. In one country the information
supplied is insufficient to assess the compliance of national policy and practice with the
requirements of the Convention. In one country the existing legislation is insufficient to
serve as a framework for national policy.
To summarize, the measures that are least implemented concern vocational rehabilitation
in rural areas, cooperation with organizations of persons with disabilities and
availability of qualified staff. That implies that a considerable number of disabled
persons do not receive appropriate training. The role played by organizations of persons
with disabilities in representing their groups in an advisory capacity has not yet been
recognized in many countries. The lack of training of staff in vocational rehabilitation
is a serious shortcoming in many countries, which leads to lower quality in training
programmes.
The measure that is implemented in almost every country concerns anti-discrimination
provisions in the employment field, that is, the same principles should apply to the
treatment of disabled workers and of workers generally.
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