A/HRC/31/32
temporary and part-time employment. Beyond ensuring equal pay for work of equal value,
it is important to ensure equal access to opportunities and to give equal value to women’s
skills and contribution to production through a global system of protection against gender
discrimination and the promotion of equality of opportunity and treatment. 44 Pregnancy, for
instance, should not pose obstacles to the right to be hired and to remain in employment and
the right to paid maternity leave should not result in discrimination. 45
32.
Persons with disabilities represent about 15 per cent of the world’s population. Even
though a high percentage are able to work, their employment rate is much lower than that of
the general population. Persons with disabilities in employment are frequently subject to
less favourable conditions of pay, precarious work regimes and poor career prospects. Data
show that there is a high correlation between disability and poverty. 46
33.
Persons with disabilities face environmental, social and economic barriers in
accessing work and within work, as well as in education and training. Prejudice and
physical, communication and attitudinal barriers limit the availability of workplaces, many
of which neglect the potential of persons with disabilities and restrict their opportunities for
earning a living through their capabilities.
34.
Article 27 of the Convention on the Rights of Persons with Disabilities recognizes
the right to work of persons with disabilities, on an equal basis with others, in a work
environment that is open, inclusive and accessible. The provision details measures to be
taken to realize the right, including measures to ensure equal opportunities, equal
remuneration for work of equal value and protection from harassment. It prohibits forced
labour and discrimination due to disability, in the context, among others, of hiring
arrangements, continuation of employment, career advancement and safe and healthy
working conditions. It also requires respect for labour and trade union rights, access to
vocational and continuing training, and the promotion of the acquisition of work experience
and career advancement opportunities for persons with disabilities. Furthermore, it expands
the concept of work to include forms of self-employment, entrepreneurship and cooperative
arrangements. Opportunities must be prioritized in the open labour market to ensure
inclusion and accessibility. Thus, sheltered or segregated forms of employment might not
be appropriate for fulfilling the right to work.
35.
The Convention includes a non-exhaustive list of duties focused on removing
structural and institutional obstacles that hinder equality of opportunity for persons with
disabilities in the labour market (see A/HCR/22/25 and Corr.1, para. 10). Among these
duties is the provision of reasonable accommodation in the workplace. Denial of reasonable
accommodation is explicitly considered to be a form of discrimination. Article 4 (3) of the
Convention calls for the effective participation of persons with disabilities and for
consultation with their organizations in the development and implementation of legislation
and policies relevant to their concerns, including the right to work.
44
45
46
See Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005) on the
equal right of men and women to the enjoyment of all economic, social and cultural rights.
See Committee on Economic, Social and Cultural Rights, concluding observations on Kenya
(E/C.12/KEN/CO/1), Austria (E/C.12/AUT/CO/3) and Canada (E/C.12/CAN/CO/4) (recommending
increase of the parental or maternity leave period). See also the Committee’s concluding observations
on Algeria (E/C.12/DZA/CO/4), Brazil (E/C.12/BRA/CO/2), Nicaragua (E/C.12/NIC/CO/4)
(concerns about workers in a precarious contract without maternity leave or sick leave entitlements)
and Jamaica (E/C.12/JAM/CO/3-4). Regarding Finland, the Committee expressed concern about
reported information about dismissals, non-recruitments or non-renewals of labour contracts owing to
pregnancy, childbirth or maternity leave (E/C.12/FIN/CO/6).
See World Health Organization, World Report on Disability (Geneva, 2011).
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