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). 9

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