A/HRC/37/32
widespread perceptions that persons with disabilities are unable to work or are eligible only
for specific jobs, or for work in segregated environments. 19
24.
Many persons with disabilities consequently rely on disability benefits (where they
are offered). Many States have, however, gradually reduced social protection programmes,
including those targeting persons with disabilities, through austerity measures, and are
continuing to do so. Social support and assistance have been reduced, and eligibility criteria
for social assistance have been tightened, while conditionalities have been increased and
more severe sanctions for non-compliance introduced (CRPD/C/GBR/CO/1, para. 58).
Measures of this type have significantly increased the risk of further marginalization of and
poverty among persons with disabilities, and could drive some into hazardous and
exploitative work.
25.
The implementation of Sustainable Development Goal 8 and other relevant goals
and targets must be informed by the human rights framework, including the Convention on
the Rights of Persons with Disabilities and the International Covenant on Economic, Social
and Cultural Rights. The respective treaty-monitoring bodies provide guidance on what the
right to work and just and favourable conditions of work for persons with disabilities entail.
According to key guidance in this area, workers with disabilities should not be segregated
in sheltered workshops, should benefit from an accessible work environment and should not
be denied reasonable accommodation, such as workplace adjustments or flexible working
arrangements. States should also take steps to ensure that workers with disabilities enjoy
equal remuneration for work of equal value and to eliminate wage discrimination due to a
perceived reduced capacity for work.20
C.
Migrants in an irregular situation
26.
Although reliable data are not readily available, estimates indicate that around 10 to
15 per cent of all international migrants, or 30 million people, are in an irregular situation.
Irregular migrants are often vulnerable for a number of reasons, many of which are related
to their irregular situation. They are frequently not permitted to work, although, in practice,
many do work irregularly and mostly in the informal sector. Irregular migrants are also at
high risk of exploitation, particularly given that the sectors in which many work are often
unprotected and unregulated, such as the construction, agriculture, food processing and
fisheries industries. Their conditions of work are frequently harsh and inhumane, with little
provision for occupational health and safety, while many experience abuse, including
physical abuse and sexual and gender-based violence.21
27.
As well as typically earning lower wages compared to nationals and other migrants
in similar occupations, legal requirements may limit the ability of migrants in an irregular
situation to seek alternative employment, and may actively tie them to a particular
employer, which violates the right to freely choose or accept employment. These challenges
may be compounded when such migrant workers feel unable to assert their rights and seek
the protections available to other workers out of fear of detection and possible
consequences.22
28.
The implementation of the Goals and targets of the 2030 Agenda for Sustainable
Development relating to the protection of labour rights should involve, in accordance with
human rights norms and standards, the adoption of legal and practical measures to prevent
discrimination against irregular migrants, the removal of laws and rules that make access to
basic services conditional on the production of documents that irregular migrants cannot
obtain, and ensuring that irregular migrants have full, non-discriminatory access to
appropriate administrative and judicial remedies. It should also entail the development of
19
20
21
22
Netherlands Human Rights Institute, Annual status report 2016, “Poverty, social exclusion and human
rights”.
See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016) on the right
to just and favourable conditions of work (E/C.12/GC/23), para. 47 (c).
OHCHR, Behind closed doors: Protecting and promoting the human rights of migrant domestic
workers in an irregular situation (New York and Geneva, 2015), p. 3.
Ibid.
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