A/HRC/22/25
(e)
Promotion, transfer, training or other benefits associated with employment, or
dismissal or any other detriment, such as demotion or retrenchment;
(f)
Benefits related to the (non-discriminatory) termination of employment;
(g)
Victimization and harassment;
(h)
Safe and healthy working conditions.
23.
The Convention acknowledges that persons with disabilities can be subject to
multiple or aggravated forms of discrimination on the basis of a variety of factors, including
race, colour, sex, age language, religion, ethnic, indigenous or social origin or any other
status (preamble, para. (p)). They can face multifaceted challenges in accessing, retaining
and advancing in employment. Such challenges should be taken into account and a crosscutting approach should be adopted when designing laws and policies to promote work and
employment of persons with disabilities.
24.
Indeed, many of the challenges faced by women with disabilities also affect women
in general, such as lack of equal access to employment, harassment in the workplace and
lower pay for work of equal value. However, the challenges faced by women with
disabilities, related to the difficulty of securing employment, extra disability-related costs
and lack of control over their own property or money due to laws on legal capacity, often
make them doubly disadvantaged in working life.11 In the few countries that have
employment data available, disaggregated by disability, gender and type of work, 12 women
are consistently underrepresented in all categories of employment, with their representation
being drastically lower in management positions.
C.
Accessible workplaces
25.
Accessibility is both a general principle and a substantive provision of the
Convention on the Rights of Persons with Disabilities (art. 9) and applies to workplaces as
all other spheres of life. In addition to ensuring that public-sector workplaces are fully
accessible, States have an obligation to impose accessibility requirements on private-sector
employers.
26.
Taking steps towards ensuring a fully accessible workplace is crucial for removing
the various barriers – physical, attitudinal, information-, communication- or transportrelated – that prevent persons with disabilities from seeking, obtaining and maintaining
work. Physical barriers such as inaccessible public transport, housing and workplaces are
often among the main reasons why persons with disabilities are not employed. However,
the fact that a workplace is not accessible does not justify the failure to employ persons
with disabilities.
27.
Submissions to this study demonstrate that many States have taken steps to make
workplaces accessible for persons with disabilities, including through legislative and policy
measures. Most countries have taken action towards promoting physical accessibility,
including through building ramps, accessible toilets, elevators and so forth. Submissions
from Andorra and Egypt, among others, mentioned steps taken with regard to accessibility
of transportation to facilitate access to the workplace; Paraguay stated that sign language
interpretation is provided for deaf applicants in interviews; Germany and Mexico, among
11
12
8
The Committee on the Rights of Persons with Disabilities has addressed the multiple forms of
discrimination faced by women with disabilities; see, for instance, CRPD/C/ARG/CO/1 and
CRPD/C/HUN/CO/1.
See, for instance, the submissions to this study from Morocco and Paraguay.
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