A/HRC/22/25
60.
Social security and income-maintenance schemes are particularly important for
many persons with disabilities, given their overall low labour force participation rate. As
reflected in the submissions to this study, there is a large variety of social protection
systems, including disability pensions, so-called sickness benefits, work injury
compensation and rehabilitation support. Many countries have in place both long-term
income-replacement benefits for persons with permanent disabilities, and short-term
benefits for persons who have reduced work capacity for a limited period of time.
61.
The risk of losing social benefits when taking up formal work seems to be a major
disincentive for persons with disabilities to enter the labour market, which aggravates an
already difficult work situation of persons with disabilities. Indeed, social security
provisions can in themselves become a “benefit trap” leading to low labour force
participation. The conditions attached to and the size of income-replacement benefits is
seen as influencing the motivation for and, therefore, actual labour market participation.
Disability classification systems in many countries continue to categorize people in terms
of impairment levels, and lay down conditions of eligibility that often require persons with
disabilities to choose between receiving a disability-related allowance and taking a job.
62.
Measures to facilitate the transition from receiving benefits to performing work have
been introduced in some countries and should be further encouraged. For instance,
obligating employers to provide occupational health services, reintegration and
employment support and work incentives have encouraged persons with disabilities to
work. Other examples are so called bridging arrangements, transitional arrangements which
allows persons with disabilities who take up work to retain benefits until a certain wage
threshold is reached, to return to receiving benefits without delay should they lose their
jobs, and to retain their right to benefits in kind – such as health care – for a specified
period. It is important that persons with disabilities and their representative organizations be
consulted with and involved in the introduction or development of such measures.
C.
Data collection, accountability and monitoring mechanisms
63.
The scarcity of statistics on employment of persons with disabilities makes it
difficult to address the situation of their low representation in working life. In many
countries, the large majority of persons with disabilities are not registered as being
employed or unemployed, which effectively makes them invisible in labour market efforts.
In other countries, compiling data on the population with disabilities is challenging because
disability is categorized as sensitive personal data, the collection of which is prohibited by
personal data laws or similar.
64.
States should design indicators to monitor effectively their progress in implementing
the right to work, based on ILO indicators such as the rate of unemployment,
underemployment and the ratio of formal to informal work. 26 Also, States parties should
undertake systematic collection of disaggregated data as a basis for a proper assessment of
compliance with their obligations under article 27 of the Convention.27 Data should be
collected in accordance with article 31 of the Convention and disaggregated by type of
disability and type of work with a view to designing effective and targeted programmes to
promote employment of persons with disabilities.
26
27
16
Committee on Economic, Social and Cultural Rights general comment No.18 (2005) on the right to
work, para. 46.
See CRPD/C/ARG/CO/1, CRPD/C/HUN/CO/1, CRPD/C/CHN/CO/1, CRPD/C/ESP/CO/1.
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