A/HRC/22/25
related issues; and can access accountability mechanisms through which to challenge
alleged discrimination.
43.
States have an important role to play in specifying the components of just and
favourable conditions of work in their legislation, including equal remuneration for work of
equal value and the right to a safe and healthy working environment, and in ensuring that
legislation covers equality for persons with disabilities in all these areas.
B.
Access to technical and vocational training and rehabilitation
44.
The Convention requires States parties to enable persons with disabilities to have
effective access to general technical and vocational guidance programmes, placement
services and vocational and continuing training. Education, training and continuous
learning are central pillars of the right to work. This is also often the first stage at which
persons with disabilities fall behind in opportunities related to access to, and advancement
in, employment.
45.
The Convention also imposes on States the duty to promote vocational and
professional rehabilitation, job retention and return-to-work programmes for persons with
disabilities. ILO Vocational Rehabilitation and Employment (Disabled Persons)
Convention (No. 159) defines the purpose of vocational rehabilitation as being to enable a
person with a disability to secure, retain and advance in suitable employment and thereby to
further such person's integration or reintegration into society (art. 1, para. 2). In many
countries, employees who acquire disabilities do not have access to vocational
rehabilitation and return-to-work programmes, which translates into challenges in terms of
returning to working life. States should put in place, and enforce, job retention laws or
provisions in employment laws which ensure that workers who acquire a disability have the
right to continue the same job with their employer, return to work after a period of absence,
or be assigned to another job within the company.
46.
The creation of a vocational training and rehabilitation environment that is
conducive for and inclusive of persons with disabilities obligates States parties to take the
necessary steps, including through legislation, to:
(a)
Recognize, through legislation, that persons with disabilities have a right to
access technical and vocational guidance, services and programmes on an equal basis with
others;
(b)
Ensure that mainstream vocational training programmes do not discriminate
against persons with disabilities, that they are fully accessible to persons with disabilities,
and that reasonable accommodation in technical and vocational training is provided;
(c)
Consider mainstreaming disability-related issues into technical and
vocational training programmes, with a view to creating an inclusive environment that
promotes diversity;
(d)
Ensure that rehabilitation programmes adequately take into account the needs
of persons with disabilities.
47.
Many countries have developed technical and vocational training strategies for
persons with disabilities. Often, however, such training tends to take place in separate
settings and frequently addresses skills and activities that are not demanded by the labour
market and guided by low expectations in terms of what persons with disabilities can do.
Consequently, persons with disabilities may be trained for many years without any
expectation of inclusion in the open labour market.
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