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Article 27 - Right
to work
Background Documents | Article
27 Background
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Working Group | References
References
Standard Rules
on the Equalization of Opportunities for Persons with Disabilities
Adopted by the United Nations General Assembly, forty-eighth session, resolution
48/96, annex, of 20 December 1993
Rule 7 – Employment
States should recognize the principle that persons with disabilities must be
empowered to exercise their human rights, particularly in the field of employment.
In both rural and urban areas they must have equal opportunities for productive
and gainful employment in the labour market.
• Laws and regulations in the employment field must not discriminate against
persons with disabilities and must not raise obstacles to their employment.
• 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, incentive-oriented quota schemes, reserved or designated
employment, loans or grants for small business, exclusive contracts or priority
production rights, tax concessions, contract compliance or other technical or
financial assistance to enterprises employing workers with disabilities. States
should also encourage employers to make reasonable adjustments to accommodate
persons with disabilities.
• States' action programmes should include:
o Measures to design and adapt workplaces and work premises in such a way that
they become accessible to persons with different disabilities;
o Support for the use of new technologies and the development and production
of assistive devices, tools and equipment and measures to facilitate access
to such devices and equipment for persons with disabilities to enable them to
gain and maintain employment;
o Provision of appropriate training and placement and ongoing support such as
personal assistance and interpreter services.
• States should initiate and support public awareness-raising campaigns designed
to overcome negative attitudes and prejudices concerning workers with disabilities.
• In their capacity as employers, States should create favourable conditions
for the employment of persons with disabilities in the public sector.
• States, workers' organizations and employers should cooperate to ensure equitable
recruitment and promotion policies, employment conditions, rates of 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.
• 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. It is important that the quality of such programmes be
assessed in terms of their relevance and sufficiency in providing opportunities
for persons with disabilities to gain employment in the labour market.
• Measures should be taken to include persons with disabilities in training
and employment programmes in the private and informal sectors.
• States, workers' organizations and employers should cooperate with organizations
of persons with disabilities concerning all measures to create training and
employment opportunities, including flexible hours, part-time work, job-sharing,
self-employment and attendant care for persons with disabilities.
World Programme of Action Concerning Disabled Persons
Adopted by the United Nations General Assembly, thirty-seventh session, Resolution
37/52 of 3 December 1982
Education and training
Member States should adopt policies which recognize the rights of disabled persons
to equal educational opportunities with others. The education of disabled persons
should as far as possible take place in the general school system. Responsibility
for their education should be placed upon the educational authorities and laws
regarding compulsory education should include children with all ranges of disabilities,
including the most severely disabled.
Member States should allow for increased flexibility in the application to disabled
persons of any regulation concerning admission age, promotion from class to
class and, when appropriate, in examination procedures.
Basic criteria are to be met when developing educational services for disabled
children and adults. These services should be:
• Individualized, i.e, based on the assessed needs mutually agreed upon by authorities,
administrators, parents and disabled students and leading to clearly stated
curriculum goals and short term objectives which are regularly reviewed and
where necessary revised;
• Locally accessible, i.e., within reasonable travelling distance of the pupil's
home or residence except in special circumstances;
• Comprehensive, i.e., serving all persons with special needs ir- respective
of age or degree of disability, and such that no child of school age is excluded
from educational provision on grounds of severity of disability or receives
educational services significantly inferior to those enjoyed by any other students;
• Offering a range of choice commensurate with the range of special needs in
any given community.
Integration of disabled children into the general educational system requires
planning by all parties concerned.
If, for some reason, the facilities of the general school system are inadequate
for some disabled children, schooling for these children should then be provided
for an appropriate period of time in special facilities. The quality of this
special schooling should be equal to that of the general school system and closely
linked to it.
The involvement of parents at all levels of the educational process is vital.
Parents should be given the necessary support to provide as normal a family
environment for the disabled child as is possible. Personnel should be trained
to work with the parents of disabled children.
Member States should provide for the participation of disabled persons in adult
education programmes, with special attention to rural areas if the facilities
of regular adult education courses are in- adequate to meet the needs of some
disabled persons, special courses or training centres may be needed until the
regular programmes have been modified. Member States should grant disabled persons
possibilities for education at the university level