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Article 27 - Right
to work
Background Documents | Article
27 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Article 22
Right to work 1, 2,
3
[States Parties [recognize Sierra Leone] (shall take appropriate steps to
safeguard and promote Sierra Leone) the (equal New Zealand, Mexico) [right
Australia] (equal right to work Australia) of (all Canada) [persons
Jordan, Uganda] (women and men Jordan, Uganda) with disabilities (of lawful
working age Uganda) [to work (including measures to Sierra Leone) (and to
training Bahrain) (and to receive training to work Palestine) [which includes
(employment as well as Ukraine) the opportunity to gain a living by work
Costa Rica] that they freely choose or accept (that preserves their dignity
Palestine), [with a view to promoting equal opportunity [and treatment South
Africa] (and economic empowerment South Africa) (in the working environment
Mexico) of (all Canada) persons with disabilities, and (acquisition of skills
and assets that protect Jordan) [protecting them from poverty Australia,
Mexico] (in an environment that provides equal opportunity and that is non-discriminatory
Australia) (to promote their full participation and development in the productive
life Mexico). States Parties shall (commit themselves to guarantee the enjoyment
of this right and Lebanon) (set a leading example in employment of persons
with disabilities and Republic of Korea, Thailand) take appropriate steps
to safeguard and promote the realization of this right. New Zealand] (In order
to safeguard and promote the realization of this right, States parties shall
take appropriate steps to promote a labour market and work environment that
are open, inclusive, and accessible to all persons with disabilities New Zealand),
including measures to: EU] (States Parties recognize the right to work of
persons with disabilities on an equal basis as others; this includes the right
to the opportunity to gain a living by work freely chosen or accepted. States
Parties shall take appropriate steps to safeguard and promote the realization
of this right, including measures to: EU)
(Promote employment opportunities including free vocational choice for persons
with disabilities so as to enable them to exercise the right to work and enjoy
equal conditions of work.
Enable persons with disabilities to take full advantage of the right to education
and to have access to vocational and continuing training. EU)
(a) [[Promote Jordan] (Ensure Jordan) a labour [[market and work environment
Canada] (markets and work environments Canada) that are open, inclusive
and accessible to [all Costa Rica] persons with disabilities Mexico];4
(rehabilitation as part of the integral rehabilitation for persons with disabilities,
where appropriate, by providing and evaluating orientation, training and selective
designation services, with the purpose of enabling persons with disabilities
to gain access, continuity and career advancement, as well as for labour reintegration
Mexico) New Zealand] (promote an inclusive labour market which favours labour
integration of persons with disabilities; Mexico) (Promote equal employment
opportunities and career advancement for persons with disabilities in the open
labour market, including opportunities for self-employment and starting ones
own business, as well as assistance in finding, obtaining and maintaining employment.
New Zealand)
(b) [Enable (Ensure Jordan) persons with disabilities to have effective access
to [general South Africa] technical and [vocational New Zealand] (career
New Zealand) guidance programmes, (recruitment Costa Rica) placement services,
[assistive devices EU], (technical aids Costa Rica) and [vocational (labour
training Chile) and [continuing South Africa] New Zealand] (job New
Zealand) (lifelong South Africa) training (this should be preceded by rehabilitation
and training to benefiting from devices and programmes Yemen) Mexico]; (promote
labour rehabilitation as part of the integral rehabilitation for persons with
disabilities, where appropriate, by providing and evaluating orientation, training
and selective designation services, with the purpose of enabling persons with
disabilities to gain access, continuity and career advancement, as well as for
labour reintegration Mexico)
((b bis) Ensure the reasonable accommodation of persons with disabilities in
workplaces and work environments; Canada)
[(c) [(Pursue active labour market policies Namibia, Uganda); [Promote5
Jordan, Israel] (Pursue active labour market policies with a view to promoting
Israel) (Ensure Jordan) (strategies for employability Colombia) (equal
Sierra Leone) employment opportunities and career advancement for (all Canada)
persons with disabilities in the open labour market, [including opportunities
for self-employment [and starting ones own business South Africa, Lebanon]
(and facilitation of the use of new technologies Lebanon) (encouraging set
up of shelter workshops in order to integrate (all Canada) persons with disabilities
and market their products Bahrain), (and other productive and labour alternatives
Costa Rica) as well as assistance in (creating, Costa Rica) finding, [obtaining
South Africa] (securing South Africa) [and Uganda] maintaining (and retaining
Uganda) employment Canada]; (and acquisition of work experience Jordan)
New Zealand] Mexico] (encourage the finding, obtaining and maintaining of
employment and career advancement opportunities for persons with disabilities
through the implementation of an active policy related to the labour market
Mexico)
(provide assistance to persons with disabilities in finding, obtaining, maintaining,
and returning to employment including through vocational and professional programmes
Canada)
((c bis) Promote access to credit and necessary technical assistance to develop
self employment opportunities for persons with disabilities Costa Rica)
((c bis) Take appropriate measures aimed at promoting the creation of independent
employment for persons with disabilities, in particular through technical and/or
financial support and employment with tax benefits where appropriate Cameroon)
(d) [[Encourage Jordan, Namibia, Ukraine] (Ensure Jordan) (Stimulate Ukraine)
(Ensure that Namibia) (all Canada) employers6
(public or private, employ and/or Namibia) [to Namibia] (create posts for
persons with disabilities by creating necessary facilities for persons with
disabilities in their jobs and in the production sphere Ukraine) hire persons
with disabilities, [[such as through affirmative action programmes, (avoiding
discrimination on the basis of the different types of disability Costa Rica)
(services to support persons with disabilities in the workplace Uganda) [incentives
and quotas Costa Rica] Sierra Leone, New Zealand, Canada] (including through
positive measures Canada) (and where appropriate through incentives Sierra
Leone) (especially for women with disabilities Morocco) (To provide incentives
to sector which hire persons with disabilities Bahrain) (through the use of
means and alternatives, to announce vacancies and interviews for employment
so that persons with disabilities would not be excluded among possible candidates
Lebanon) Canada;7 EU] (including through
positive measures (Encourage employers8
to hire persons with disabilities through appropriate policies and measures
EU)
(Promote employers to hire person with disabilities through preferential policies
and programmes so that vocational training, job placement, tax exemption and
credit access Viet Nam)
(e) [(Encourage employers to create new accommodated working places ensuring
the necessary Ukraine) [[Ensure the [reasonable Yemen, Costa Rica] Ukraine]
(appropriate Yemen) (necessary Costa Rica) accommodation of persons with
disabilities in [the [workplace and New Zealand] work environment New Zealand;9
EU] (workplaces and work environments New Zealand) (Ensure that reasonable
accommodation is provided to persons with disabilities in the workplace and
work environment. EU) Mexico] (ensure that workplaces have reasonable accommodations
to allow access of persons with disabilities and to permit them to perform their
activities Mexico)
(encourage self-employment for persons with disabilities through training, financing
and an expeditious and effective regulatory framework, in particular in the
rural sector Mexico)
[(f) [Promote Jordan] (Ensure Jordan) the acquisition by persons with disabilities
of work experience in the open labour market (and the skills required by the
labour market in its various fields Yemen) (by preventing discrimination
Palestine); Jordan, New Zealand, Costa Rica, Cameroon]
(g) [[Promote Jordan] (Ensure Jordan) [vocational (, labour Chile) and
[professional South Africa] rehabilitation Costa Rica] (technical and professional
training programmes Costa Rica) (and non-exploitation in the workplace Morocco),
job retention [and return-to-work programmes New Zealand] (for persons with
disabilities EU); Jordan] Canada, Mexico]
[(h) (Promote the inclusion of specific regulations under labour legislation
of States Parties to Mexico) [[Protect10
Jordan] (Ensure Jordan) [through legislation Japan, Canada, Mexico] persons
with disabilities (from discrimination with respect to all terms and conditions
of their employment Canada) [with regard to (conditions of recruitment,
EU) employment (, compensation and benefits Republic of Korea), continuance
of employment, (workplace training, Uganda) career advancement, (elimination
of any form of exploitation at work Morocco) working conditions, including
New Zealand] (Ensure that persons with disabilities have New Zealand) equal
remuneration for work of equal value and [equal opportunities, (especially women
with disabilities Viet Nam) and the redressing of grievances,11
(indemnities after loss of employment Morocco) (health and safety in the work
Costa Rica) (unemployment allowances Lebanon) and to Canada] [ensure that
persons with disabilities New Zealand] are able to exercise their labour and
trade union rights Canada]; (These measures should consider safeguards to
avoid the establishment of discriminatory conditions and requirements which
affect, in an explicit or implicit manner, access to employment of persons with
disabilities, and their tenure in their places of work, envisaging penalties
for the occurrence of these prohibitions. Chile) Israel] (Ensure that all
employment protection laws and standards, including in relation to the minimum
wage apply to all persons with disabilities working in the open labour market,
any derogation from such laws and standards being made only in circumstances
where derogation can clearly be shown to be justified. Israel)
[(i) Ensure that persons with disabilities have equal opportunity to employment
(in the access and [performance of work Chile) in the [public (and private
Palestine, Lebanon, Thailand) sector Viet Nam] (in all sectors Viet Nam)
(and promote affirmative action programmes to facilitate access to work Costa
Rica) Israel, EU, New Zealand, Cameroon, Peru, Serbia and Montenegro]; (Ensure
that persons with disabilities have equal opportunities and appropriate representation
including by way of reasonable accommodation in the public sector (without discrimination
on the basis of their disabilities Thailand) recognizing the heightened responsibilities
as employers of government and other State funded bodies to set a leading example
in this regard Israel)
((i bis) Ensure persons with disabilities are able to exercise their labour
and trade union rights; Canada)
[(j) [Promote Jordan] (Ensure Jordan) recognition12
of the [skills India] (competencies India), merits, [abilities South Africa]
and contributions of persons with disabilities to the workplace and the labour
market, (and to the productive processes Chile) [and to combat (exploitation,
Lebanon) stereotypes and prejudices (, in particular prejudice regarding their
capacity, Lebanon) [about persons with disabilities Lebanon] in the workplace
and the labour market Japan, Jordan]. EU, Canada]
(Promote enterprises by persons with disabilities, established and developed,
with access to sources of credit and financing without conditions and requirements
other than those established for clients without disabilities, in accordance
with stipulations indicated in article 9 (e) of the Convention.
Support modalities of protected work for persons with disabilities who cannot
be incorporated in the competitive market.
Develop campaigns for the prevention of labour accidents. Chile)
(Encourage the creation of workshops for persons with disabilities and to promote
their production Bahrain)
(States Parties shall promote employment of persons with disabilities in the
informal sector through the creation of an enabling environment and the provision
of incentives and necessary support services Kenya)
((k) Ensure that the government as an employer promotes and regulates flexible
and alternative work arrangements and an environment that offers reasonable
accommodation of the needs of persons with disabilities.
2. States parties shall take legislative and other measures to ensure that persons
with disabilities enjoy the rights protected in this article Uganda)
(2. States Parties shall ensure effective and appropriate regulation and resources
that would provide for the development of alternative forms of community-based
employment for persons with disabilities who may not have the capacity to work
in the open labour market, in conditions which ensure useful and remunerative
work and which provide opportunities for vocational advancement including transfer
to open employment.
3. States Parties recognize the right of persons with disabilities to be protected
from economic exploitation. States Parties shall take effective legislative,
administrative, social and educational measures to ensure the implementation
of this article to this end, and having regard to the relevant provisions of
other international instruments, States Parties shall in particular provide
for:
(a) Effective and appropriate regulation of non-integrated work settings, including
sheltered workshop; and
(b) Effective and appropriate penalties or sanctions to ensure the enforcement
of the present article. Namibia)
(Art 22 (2)
(a) States parties shall enact legislation on equality for persons with disabilities
in employment, on the basis of article 7 and containing the following provisions
in particular:
(1) prohibition on discrimination on the basis of disability in relation to
all aspects of employment including recruitment, employment conditions, promotion,
professional training, severance and retirement.
(2) requirement of employers to make such reasonable accommodations as are necessary
in order to facilitate the employment or continued employment of persons with
disabilities.
(b) A reasonable accommodation means an accommodation which does not impose
a burden which is disproportionate in the light of all the relevant circumstances,
including the cost and size of the accommodation, the size and structure of
the business, the scope of its operations, the number of employees, the make-up
of the workforce and the existence of external or State funding for the purpose
of carrying out accommodations.
(c) Legislation adopted in accordance with this paragraph shall also apply to
family members of persons with disabilities and shall include effective sanctions,
enforcement and implementation mechanisms.
22 (3) (Sheltered/Assisted employment)
(a) States parties recognize that priority shall be given to the full integration
of persons with disabilities in the open labour market and that employment of
persons with disabilities outside the open labour market should be reduced to
and maintained at the minimum level possible.
(b) States parties shall enact legislation protecting the rights of persons
with disabilities who are employed outside the open labour market, such legislation
providing for the application of all the employment protection laws and standards
applicable in the open labour market save where derogation from such laws and
standards is strictly necessary. Israel)
Footnotes:
1. The Ad Hoc Committee may wish to consider the potential role of the International Labour Organization in implementing and monitoring the right to work under this Convention.
2. Some members of the Working Group raised
the issue of a need to address the special circumstances of women with disabilities
in fulfilling this right.
3. The Ad Hoc Committee may wish to consider
whether the broad terms in which this draft article is expressed are consistent
with the detailed provisions of other articles of the draft Convention. The
Committee may also wish to consider in this context whether further thought
should be given to elaborating provisions for the training of persons with disabilities.
4. The Ad Hoc Committee may wish to consider
whether to spell out the meaning of this provision in practice and the further
definition of the term inclusive in this context. In this context, too, the
Committee may wish to consider whether transportation to the workplace for persons
with
disabilities is covered under the provision of access to the workplace under draft article 19.
5. The Ad Hoc Committee may wish to consider
the addition of the phrase pursue active labour market policies at the beginning
of this subparagraph.
6. The Ad Hoc Committee may wish to consider
the appropriateness of specifying the particular responsibility of Governments
as employers in this context.
7. The Ad Hoc Committee may wish to consider
the appropriateness of specifically mentioning quotas as a possible measure
in this draft article.
8. The Ad Hoc Committee may wish to consider
the appropriateness of specifying the particular responsibility of Governments
as employers in this context.
9. Some members of the Working Group emphasized
the particular importance of the obligation to make reasonable accommodation
in the employment context, and considered that a more detailed paragraph on
reasonable accommodation should be elaborated under the right to work, in addition
to any draft article on reasonable accommodation elsewhere in the Convention.
10. The Ad Hoc Committee may wish to consider
this formulation to take into account the protection of persons with disabilities
from disguised discrimination in the workplace, such as stipulating unnecessary
qualifications that have the effect of excluding persons with disabilities from
employment.
11. The Ad Hoc Committee may wish to consider
whether the listing of working conditions here may be inadvertently limiting.
12. The Ad Hoc Committee may wish to expand
on the idea of recognition to encompass the formal recognition of the skills
of persons with disabilities.