A/HRC/22/25
65.
The establishment of an independent monitoring mechanism to promote, protect and
monitor implementation of the Convention is a key obligation of States parties (art. 33).
Such a mechanism should play an important role in promoting work and employment of
persons with disabilities, and monitoring progress. Furthermore, persons with disabilities
who, individually or as a group, are victims of a violation of the right to work should have
access to effective judicial or other appropriate remedies at the national level. 28
D.
International cooperation
66.
The submissions to this study provided a variety of examples of international
cooperation programmes aimed at supporting national efforts to promote employment
opportunities for persons with disabilities. Most of the programmes advocate a disabilityspecific approach, such as focusing on promoting vocational training for certain groups of
persons with disabilities. International cooperation in the area of work and employment of
persons with disabilities should consistently seek to apply a “twin track” approach, which
on the one hand, allows for disability-specific programmes or initiatives aimed at
overcoming particular disadvantages or obstacles, and on the other hand, seeks to ensure
that persons with disabilities are included in general skills development as well as in
enterprise- and employment-related services and programmes on vocational training and
employment.
VII. Conclusions and recommendations
67.
While the reasons for low labour force participation by persons with disabilities
are multifaceted, it is evident that one of the core challenges lies in negative attitudes,
stigma and stereotypes of persons with disabilities being in some way “unsuitable” to
participation in working life, on an equal basis with others. This translates into
continued marginalization and discrimination of persons with disabilities in the area
of work and employment, and for many persons with disabilities around the world,
denial of their right to work, as provided for in article 27 of the Convention on the
Rights of Persons with Disabilities.
68.
Submissions to this study highlighted a wide range of efforts undertaken by
States parties to promote employment of persons with disabilities. Nevertheless, such
efforts often focus on creating jobs or training opportunities in separate settings and
fail to respect the principle of inclusion provided for in the Convention. It is
imperative that States parties move away from sheltered employment schemes and
promote equal access for persons with disabilities in the open labour market. More
importantly, States parties have an obligation to raise awareness among employers of
their duty to employ persons with disabilities; employers in both the public and
private sectors must proactively seek to create a working environment that welcomes
persons with disabilities as employees. Besides ensuring that public-sector workplaces
are accessible to persons with disabilities, States should impose accessibility
requirements on private-sector employers, including through informing employers
about their duty to identify and eliminate barriers that hinder persons with
disabilities from accessing the workplace on an equal basis with others.
69.
States parties must take immediate action to enact and/or enforce legislation
prohibiting disability-based discrimination in the area of work and employment, and
28
Committee on Economic, Social and Cultural Rights general comment No. 18 (2005) on the right to
work, para. 48.
17
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