A/HRC/22/25 or accepts8 is not realized when the only real opportunity open to persons with disabilities is to work in sheltered facilities, often under substandard conditions. In this spirit, the Committee on Economic, Social and Cultural Rights has pointed out that arrangements whereby persons with a certain category of disability are effectively confined to certain occupations or to the production of certain goods may violate the right to work. 9 19. States parties to the Convention on the Rights of Persons with Disabilities have a duty to raise awareness among employers and the general public on the right of persons with disabilities to work, including on the obligations of different actors in realizing this right in the open labour market. Some submissions to this study show good practices to this end. For instance, Peru and Serbia have initiated State-led efforts aimed at raising awareness among employers on the rights of persons with disabilities with a view to eliminating stereotypes related to the capacity of persons with disabilities to work. B. Discrimination against persons with disabilities in work and employment 20. Discrimination on the basis of disability is defined in article 2 of the Convention on the Rights of Persons with Disabilities as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation”. 21. While the full realization of economic, social and cultural rights, including the right to work, is subject to progressive realization (art. 4, para. 2),10 the prohibition of discrimination on the basis of disability is an obligation with immediate effect. States parties have an obligation to prohibit discrimination on the basis of disability and must ensure that persons with disabilities are protected from discrimination (art. 5, para. 2), including with regard to all matters concerning all forms of employment (art. 27, para. 1 (a)) as in any other area. 22. Protection from discrimination covers all forms of employment: in the open labour market as well as in sheltered or supported employment schemes. Prohibition of de jure and de facto discrimination should cover all aspects of employment, including, but not limited to, the following: (a) processes; Recruitment processes such as advertising, interviewing and other selection (b) Review of hiring standards to remove indirect discrimination that places persons with disabilities at a disadvantage; (c) (d) and leave; 8 9 10 Recruitment decisions; Terms and conditions of employment such as remuneration rates, work hours See International Covenant on Economic, Social and Cultural Rights, art. 6, para. 1. See the Committee‟s general comment No. 5 (1994) on persons with disabilities, para. 21. The Committee on the Rights of Persons with Disabilities has also expressed concern over reserved employment, such as the field of “blind massage,” for example, which discriminates against persons with disabilities in their vocational and career choices (CRPD/C/CHN/CO/1, para. 41). See also International Covenant on Economic, Social and Cultural Rights, art. 2, para. 1. 7

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