A/HRC/22/25 VI. Elements supporting the realization of work and employment of persons with disabilities A. Representation and participation of persons with disabilities and their representative organizations 55. Participation and inclusion of persons with disabilities is both a general principle of the Convention on the Rights of Persons with Disabilities and a core obligation of States parties. The Convention calls for full and effective participation and requires States parties to closely consult with and actively involve persons with disabilities and their representative organizations in the development and implementation of legislation and policies to implement the Convention, and in other decision-making processes concerning issues related to them (art. 4, para. 3). This applies also to work and employment. ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159) also calls for consultation with persons with disabilities and their representative organizations in the development of national policies on vocational rehabilitation and employment. (art. 5). 56. Furthermore, trade unions have a duty not to discriminate against persons with disabilities and to ensure equal access for members with disabilities. The collective right to join a trade union24 applies to all workers with disabilities, and is specifically provided for under the Convention (art. 27, para. 1(c)). 57. As persons with disabilities are generally underrepresented in working life, representation in trade unions is not sufficient to ensure that their rights in individual workplaces are protected and promoted. The interests of workers with disabilities should also be represented in collective bargaining and other employment-related negotiations at the national level, through trade unions in collaboration with representative organizations of persons with disabilities.25 To this end, capacity-development is needed to enable representatives of persons with disabilities to effectively take part in negotiations on their behalf. 58. While consultation often takes place on an ad-hoc basis in relation to the development of new laws and policies, certain good practices in institutionalized participation can be highlighted in the submissions to this study. In Sri Lanka, for instance, the Steering Committee of the Ministry of Labour and Labour Relations comprises stakeholders from the Government, private sector, international organizations and representative organizations of persons with disabilities with the aim of jointly defining strategies to improve the employment situation of persons with disabilities. B. Access to social protection programmes 59. The Convention recognizes the right of persons with disabilities to enjoy social protection without discrimination on the basis of disability. States parties are required to take appropriate steps to safeguard and promote the realization of this right, including through measures to ensure access by persons with disabilities, in particular women, girls and older persons with disabilities, to social protection programmes and poverty reduction programmes (art. 28, para. 2 (b)). 24 25 International Covenant on Economic, Social and Cultural Rights, art. 8, para. 1 (a). ILO, Managing disability in the workplace: ILO code of practice (Geneva, 2002). 15

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