A/HRC/22/25
10.
Article 27, paragraph 1 of the Convention obligates States parties to recognize the
right of persons with disabilities to work, on an equal basis with others. It expands on the
provision of article 23 of the Universal Declaration of Human Rights and employs similar
language to that of article 6 of the International Covenant on Economic, Social and Cultural
Rights.5 It states that the right of persons with disabilities to work includes the right to the
opportunity to gain a living by work freely chosen or accepted in a labour market and work
environment that is open, inclusive and accessible to persons with disabilities and sets out a
non-exhaustive list of appropriate steps for States parties to take, including through
legislation, to safeguard and promote the realization of the right to work, including for
those who acquire a disability during the course of employment. 6
11.
The right of persons with disabilities to work implies an obligation on the part of
States parties to create an enabling and conducive environment for employment, in both
the public and private sectors. Private-sector employers constitute the main provider of jobs
in a market economy; as such they have a responsibility to create a working environment
that welcomes persons with disabilities as employees. Article 27 of the Convention guides
States parties in the implementation of the right of persons with disabilities to work
through, inter alia, the following standards:
(a)
Non-discrimination: The general principle of non-discrimination applies to
employment as to all other spheres of life; persons with disabilities have the right to work
on an equal basis with others;
(b)
Accessibility: The right of persons with disabilities to work includes the
opportunity to gain a living in a work environment that is accessible to persons with
disabilities. Accessibility in the workplace involves identifying and removing barriers that
hinder persons with disabilities from carrying out their work on an equal basis with others;
(c)
Reasonable accommodation: With a view to facilitating access of persons
with disabilities to work on an equal basis with others, States parties must ensure that
reasonable accommodation is provided to persons with disabilities who request it, and
should take effective steps, including through legislation, to ensure that the denial of
reasonable accommodation constitutes discrimination;
(d)
Positive measures: Besides a duty to impose obligations on private-sector
employers, States should adopt positive measures to promote employment opportunities for
persons with disabilities.
12.
The process of aligning national standards and practice to the Convention is one of
the key implementation measures that States parties should take, including in the promotion
of work and employment of persons with disabilities. In this respect, the Convention
imposes two general obligations on States parties (art. 4, para. 1 (a) and (b)):
(a)
To adopt all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the Convention related to work and
employment;
(b)
To take all appropriate measures, including legislation, to modify or abolish
laws, regulations, customs and practices that constitute discrimination against persons with
disabilities in the areas of work and employment. .
13.
There are various ways of ensuring the right of persons with disabilities to work in
the legal framework. These can include, but are not limited to, constitutional protection,
5
6
See also the Committee on Economic, Social and Cultural Rights‟ general comments No. 5 (1994) on
persons with disabilities and No. 18 (2005) on the right to work.
See Convention on the Rights of Persons with Disabilities, art. 27, para. 1 (a) to (k).
5
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