A/HRC/22/25
VI. Elements supporting the realization of work and employment
of persons with disabilities
A.
Representation and participation of persons with disabilities and their
representative organizations
55.
Participation and inclusion of persons with disabilities is both a general principle of
the Convention on the Rights of Persons with Disabilities and a core obligation of States
parties. The Convention calls for full and effective participation and requires States parties
to closely consult with and actively involve persons with disabilities and their
representative organizations in the development and implementation of legislation and
policies to implement the Convention, and in other decision-making processes concerning
issues related to them (art. 4, para. 3). This applies also to work and employment. ILO
Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159) also
calls for consultation with persons with disabilities and their representative organizations in
the development of national policies on vocational rehabilitation and employment. (art. 5).
56.
Furthermore, trade unions have a duty not to discriminate against persons with
disabilities and to ensure equal access for members with disabilities. The collective right to
join a trade union24 applies to all workers with disabilities, and is specifically provided for
under the Convention (art. 27, para. 1(c)).
57.
As persons with disabilities are generally underrepresented in working life,
representation in trade unions is not sufficient to ensure that their rights in individual
workplaces are protected and promoted. The interests of workers with disabilities should
also be represented in collective bargaining and other employment-related negotiations at
the national level, through trade unions in collaboration with representative organizations of
persons with disabilities.25 To this end, capacity-development is needed to enable
representatives of persons with disabilities to effectively take part in negotiations on their
behalf.
58.
While consultation often takes place on an ad-hoc basis in relation to the
development of new laws and policies, certain good practices in institutionalized
participation can be highlighted in the submissions to this study. In Sri Lanka, for instance,
the Steering Committee of the Ministry of Labour and Labour Relations comprises
stakeholders from the Government, private sector, international organizations and
representative organizations of persons with disabilities with the aim of jointly defining
strategies to improve the employment situation of persons with disabilities.
B.
Access to social protection programmes
59.
The Convention recognizes the right of persons with disabilities to enjoy social
protection without discrimination on the basis of disability. States parties are required to
take appropriate steps to safeguard and promote the realization of this right, including
through measures to ensure access by persons with disabilities, in particular women, girls
and older persons with disabilities, to social protection programmes and poverty reduction
programmes (art. 28, para. 2 (b)).
24
25
International Covenant on Economic, Social and Cultural Rights, art. 8, para. 1 (a).
ILO, Managing disability in the workplace: ILO code of practice (Geneva, 2002).
15
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