A/HRC/22/25
flexible quotas, an applicant with a disability is treated preferentially only if he or she has
equal merits and qualifications as another applicant. While strict quotas seem to be more
common, some submissions gave examples of flexible quotas.19
38.
A wide range of other employment promotion measures available were mentioned in
the submissions to the study, such as subsidies, tax breaks, preference in public
procurement, among others. Positive measures can entail ensuring that persons with
disabilities are adequately represented; redefining the standard criterion for employment or
promotion; and outreach measures targeting individuals or specific groups of persons with
disabilities. Despite such efforts, and regardless of the system(s) in place, the jobs reserved
for persons with disabilities often have a low skills requirement, and leave little room for
self-realization and career development.
39.
States are facing challenges in establishing effective positive measures that
adequately advance equal possibilities for persons with disabilities to participate in working
life. One concern is that they may send a (negative) message that persons with disabilities
are hired solely on the basis of their disability, which can lead to reinforcement of stigma
and negation of their role as professionals. For this reason, it is important that States design
positive measures in such a way that the potential negative element is minimized. The focus
of these programmes should be on increasing recognition of the value of diversity in the
workplace and equal career development for all. Programmes focusing on promoting
employment of persons with disabilities should extend to all persons with disabilities, with
a special focus on women and youth with disabilities, persons with intellectual or psychosocial disabilities and other potentially vulnerable groups.
IV. Analysis of key provisions under article 27 of the Convention
A.
Just and favourable conditions of work
40.
The Convention requires States parties to protect the rights of persons with
disabilities, on an equal basis with others, to just and favourable conditions of work,
including equal opportunities and equal remuneration for work of equal value, as well as
safe and healthy working conditions, including protection from harassment and the redress
from grievances (art. 27, para. 1 (b)). The right to enjoyment of just and favourable
conditions of work applies to all workers with disabilities without distinction, whether they
work in the open labour market or in alternative forms of employment. 20
41.
The right to equal remuneration for work of equal value is a human right that for
many persons with disabilities is not realized. If persons with disabilities are employed,
they commonly earn less than their counterparts without disabilities. Moreover, women
with disabilities often earn less than men with disabilities. 21
42.
Employers in both the public and private sector must ensure a good, healthy and safe
working environment for persons with disabilities, in which they are protected from
discrimination and harassment; receive equal pay and enjoy fair benefits; have their
accommodation needs met (including for work activities outside of the workplace); enjoy
adequate social protection; have, when needed, the flexibility to take care of disability-
19
20
21
For instance, Andorra, Paraguay and Rwanda mentioned systems of flexible quotas.
See the Committee on Economic, Social and Cultural Rights general comment No. 5 (1994) on
persons with disabilities, para. 25.
World Health Organization and the World Bank, World Report on Disability, 2011, p. 239.
11
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