UN
System Organizations
(Comments made at the third session and submitted to the UN Secretariat
are posted below. For more information please contact enable@un.org)
Interventions made on behalf of the International Labour Organization
Draft Article 6 Statistics and Data Collection
The ILO welcomes the inclusion of an article dealing with statistics
in the draft text, and has no objection to proposals made by some delegates
to move this provision, to the article on monitoring, as long as it
is clear that the data collected should be used for planning purposes
and not solely for monitoring.
In addition to the existing text, the ILO suggests the following revisions:
- The introduction should call on States Parties to ensure, to the
extent possible, that national population censuses, labour force and
other household surveys, household panel surveys and other data collection
exercises at the national level should gather information on people
with disabilities, in the same way as on the general population. The
introduction should also include provision for the dissemination of
the statistics.
- Like Disabled Peoples International, the ILO calls for sections
(a), (b) and (f) to be amalgamated, as they are closely interrelated.
Respect for anonymity and confidentiality should refer not only to
data collection but also to dissemination.
- The second phrase of section (a) should be deleted, since participation
in censuses and related data collection exercises is compulsory for
the population falling within the scope of the exercise.
- Section (d) should refer to internationally comparable categories
- Incorporating the above suggestions, the draft article could
be amended to read as follows:
In order to formulate and implement appropriate policies to protect
and promote the rights of persons with disabilities, States Parties
encourage the collection, codification classification, dissemination
and analysis of statistics and information on disabilities and on the
effective enjoyment of human rights by persons with disabilities. They
should ensure that, to the extent possible, national population censuses,
labour force and other household surveys, household panel surveys and
other national data collection exercises gather information on people
with disabilities in the same way as on the general population.
The process of collecting, maintaining and disseminating information
on persons with disabilities should:
- respect the right to privacy, the dignity and the rights of persons
with disabilities and adhere to established ethics regarding respect
for anonymity and confidentiality, by for example, releasing the information
only in a statistical format that does not permit the identification
of individuals and keeping information secure to prevent unauthorized
access or misuse of individual data.
- ensure that the design and implementation of data collection is
done in partnership with persons with disabilities, their representative
organizations and all other relevant stakeholders;
- be disaggregated according to the purpose of the collection of
information and should include age, sex and type of disability, using
internationally comparable categories;
- include detailed information on the access of persons with disabilities
to public services, rehabilitation programs, education, housing and
employment.
Draft Article 9 Equal Recognition as a person before the law
In the course of this morning’s discussion, (26.5.04) Mr. Chair, several
delegations have commented on the level of detail in the draft article
– noting that there is too much detail in some cases, too little in
others.
On this point, the ILO would like to make a suggestion. The Ad Hoc
Committee may wish to consider the preparation of guidelines drawn up
to accompany the Convention, giving detailed guidance on the implementation
not only of this article, but of all articles in the Convention. This
would remove the need for such detail in the Convention itself.
Mr. Chair, this practice is followed by the ILO in relation to its
Conventions and has proved to be effective.
Whatever approach the Ad Hoc Committee decides to take, the ILO suggests
that assistance to persons with disability in accessing justice under
the law, provided for in draft Article 9, should include access to an
effective dispute prevention and settlement system, and to legal aid.
Thank you.
Draft Article 17 Education
- The ILO recognizes that training in employable skills is central
to enabling persons with disabilities to earn a decent living. More
emphasis is required on vocational training in the draft text. Thus,
the ILO would welcome a focused coverage of vocational training in this
article and agrees with the suggestion made by several delegates that
the heading be amended to include Vocational Training.
- The current provision concerning equal access to general education
and vocational training services and programmes is welcome. Several
amendments to the existing text are suggested, however:
• States Parties shall ensure that persons with disabilities may access
general tertiary education, vocational training, adult education
and lifelong learning on an equal basis with others. To that end, States
Parties shall render appropriate assistance to persons with disabilities.
develop equal opportunity strategies, measures and programmes to promote
and implement training for persons with disabilities, with the objective
of reducing inequalities.
- Additional provisions are required to ensure that men and women
with all types of disabilities, whether congenital or acquired later
in life, and particularly those living in remote communities and rural
areas, can also benefit from skills development. The ILO suggests the
addition of the following provisions:
• States Parties shall ensure that, where the general vocational training
system does not adequately meet the needs of persons with disabilities,
alternative forms of vocational training, including workplace learning
and other forms of non-formal training, shall be made available that
provide opportunities for the development, recognition and certification
of skills relevant to the labour market and the national qualifications
framework.
• States Parties shall ensure that training instructors are adequately
qualified to cater to people with disabilities, whether in general or
alternative vocational training programmes.
• States Parties shall ensure provision of vocational, labour market
and career information and guidance and employment counselling to persons
with disabilities, supplemented by information on rights and obligations
under labour-related law and other forms of labour regulation.
• States Parties shall ensure that vocational rehabilitation and training/retraining
opportunities are open to people who acquire a disability in the course
of their working lives.
Draft Article 22 Right to Work
- The ILO welcomes the recognition of the right of persons with disabilities
to gain a living by work which they freely choose or accept, based the
principles of equal opportunity and equal treatment and the provision
for protection of this right through legislation, including the right
of disabled persons to join trade unions.
- The ILO welcomes the emphasis on promoting an open, inclusive, accessible
labour market and work environment, given the high unemployment rate
among people with disabilities and in addition, the fact that many disabled
persons who are not currently counted as either employed or unemployed,
are also capable of working, given the opportunities and the appropriate
supports.
- The ILO is aware, however, that the majority of persons with disabilities
live in developing or transition countries, frequently in rural areas
and remote communities; are unlikely to enter into formal employment
in public or private enterprises; and are most likely to earn their
living through work in the informal economy. We are concerned that this
fact is not adequately reflected in the draft text of Article 22.
- The ILO also recognizes that many people with disabilities currently
work in settings, including protected workshops, under conditions which
differ significantly from those that prevail in the open labour market,
and would hope that the Convention will be of relevance to these people
also.
- For these reasons, the ILO suggests certain amendments to draft article
22, for consideration by the Ad Hoc Committee, so that this article
can make a difference to all disabled persons of working age.
Including these amendments (underlined) the text would read as follows:
States Parties recognise the right to work of person with disabilities,
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
shall take appropriate steps to safeguard and promote thee realization
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
(b) Enable persons with disabilities to have effective access to general
vocational, and career guidance programmes, employment counseling
and placement services, assistive devices and vocational and continuing
training supplemented by information in accessible formats on
rights and obligations under labour-related law and other forms of labour
regulation,
(c) Promote 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 retaining employment,
providing, where necessary, on a transitional basis, for adequately
resourced, alternative forms of employment, in conditions that ensure
useful and remunerative work, and provides opportunities for vocational
advancement.
(d) Encourage employers to hire persons with disabilities, and to
retain those who acquire a disability while in employment such
as through affirmative action programmes, incentives and quotas
and making available technical supports, assistive devices, wage
subsidies, and other incentives.
(e) Ensure reasonable accommodation of persons with disabilities in
the workplace and work environment by requiring employers to take
steps to improve the accessibility of the work premises and to make
adaptations to the recruitment and hiring process, to workstations,
tools and equipment, job descriptions, including duties and tasks, and
work schedules.
(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 programmes
Protect through legislation persons with disabilities with regard to
employment, continuance of employment, career advancement, job retention
and return to work, working conditions including equal remuneration
for work of equal value and equal opportunities, and the redressing
of grievances, ensuring that they are covered by the provisions of
national labour law and to ensure persons with disabilities
are able to exercise their labour and trade union rights.
(h) Ensure that persons with disabilities have equal opportunity to
employment in the public sector
(i) Promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and labour market, and
to combat stereotypes and prejudices about persons with disabilities
in the workplace and the labour market.
- In light of the point made by some members of the Working Group that
the
broad measures in which this draft article is expressed are inconsistent
with the detailed provisions of other articles of the draft Convention
(footnote 88), the ILO suggests that guidelines might be drawn up to
accompany the UN Convention, providing greater explanatory detail.
- The ILO welcomes the Working Group suggestion that the Ad Hoc Committee
may wish to consider the potential role of the ILO in implementing and
monitoring the right to work under this Convention (footnote 86).
Draft Article 23 Social Security
ILO welcomes the inclusion of a provision on social security adequate
standard of living in the Convention and recognizes that considerable
revision is likely following yesterday’s discussion.
Regarding social security
We would like to draw the attention of the AHC to one aspect of the
matter which we feel should be taken into account.
That is – the close link that exists between social security provision
on the one hand and employment promotion measures on the other.
In practice, social security provisions often work in the opposite
direction to employment policies, reducing their effectiveness, because
they constitute a disincentive to vocation rehabilitation, vocational
training and work for persons with disabilities (called the Benefit
Trap). This is a significant gap in the ILO’s view. We suggest the Convention
in Article 23 should make a provision to minimize the disincentive effect
of social security benefits on employment/self-employment.
We suggest the following wording, in addition to the existing text
as a starting point.
- States Parties shall undertake periodic reviews of their systems
of social security, including employee compensation, to ensure that
adequate support is provided and that no undue obstacles are inadvertently
placed in the way of persons with disabilities in entering employment,
retaining their job or occupation, or returning to the open labour market
and paid employment.
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