A/HRC/45/15/Add.1 paid a few hundred Swiss francs per month, and receive a number of social insurance benefits. Transitions from the sheltered labour market to the open labour market are rare. Existing federal invalidity insurance mechanisms (job coaching for a fixed period, limited assistance services and job placement) do not provide the support necessary for a job in the open labour market to be guaranteed. Disincentives within social insurance law further complicate the situation. 74. In addition, persons with disabilities who work in the open labour market face issues concerning the financing of reasonable accommodation. Persons with disabilities have expressed concern that if they work more than a certain number of hours, they will lose their invalidity pension. Since they often work for minimum wage, that fear becomes a disincentive to seek work. The Special Rapporteur is further concerned that the federal nondiscrimination law does not adequately protect persons with disabilities against discrimination by private persons in the areas of employment relations and of publicly accessible services. 75. Persons with disabilities working in the open labour market are also frequently confronted with disadvantages, such as in the application process and in the event of dismissals, due to such things as refusals to make reasonable accommodations at work. The Disability Discrimination Act is not applicable to employment relationships governed by private law and thus does not provide persons with disabilities with a judicial remedy against discrimination.37 76. The Special Rapporteur was informed that there were few or no incentives for employers to hire persons with disabilities, such as quotas in the private sector or tax incentives, and that only the federal administration as an employer needed to meet certain targets concerning the level of employment of persons with disabilities. 77. The Special Rapporteur learned of the commitment made by Switzerland to implement the marker for the inclusion and empowerment of persons with disabilities introduced by the OECD Development Assistance Committee. 38 V. Conclusions and recommendations 78. The Special Rapporteur recalls that the right to development is defined in article 1 of the Declaration on the Right to Development as an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. Under article 2 (3) of the Declaration, States are required to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom. In article 3, the Declaration invokes the duty of States to cooperate with each other in ensuring development and eliminating obstacles to development. These underlying principles were reaffirmed throughout the 2030 Agenda, which recognizes the need to build peaceful, just and inclusive societies that provide equal access to justice and that are based on respect for human rights (including the right to development), on effective rule of law and good governance at all levels and on transparent, effective and accountable institutions. 79. The Special Rapporteur has assessed selected aspects of the laws, policies and practices of Switzerland, relying on the above principles. As noted in the present report, he found many good practices that could be useful to other States in striving to achieve sustainable development based on human rights. Notably, the country’s 37 38 16 Ibid., pp. 23–24. See www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DCD/DAC/STAT/RD (2019)1/RD1&docLanguage=En.

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