Asia Pacific Region

Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 2-4 June 2003

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Materials : The Right to Decent Work of Persons with Disabilities

The Right to Decent Work of Persons with Disabilities

IFP/SKILLS Working Paper No. 14

by
Arthur O’Reilly

Part 1 of 8 | Go To Part: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8

Everyday we are reminded that, for everybody, work is a defining feature of human existence. It is the means of sustaining life and of meeting basic needs. But it is also an activity through which individuals affirm their own identity, both to themselves and to those around them. It is crucial to individual choice, to the welfare of families and to the stability of societies.

Juan Somavia, ILO Director General, June 2001

All human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity.

Declaration of Philadelphia, International Labour Conference, 1944

All ILO Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization, to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, including the elimination of discrimination in respect of employment and occupation.

ILO Declaration on Fundamental Principles and Rights at Work 1998

Each Member shall, in accordance with national conditions, practice and possibilities, formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons (which) shall aim at ensuring that appropriate vocational rehabilitation measures are made available to all categories of disabled persons and at promoting employment opportunities for disabled persons in the open labour market (and) be based on the principle of equal opportunity between disabled workers and workers generally.

ILO Convention No. 159 concerning Vocational Rehabilitation and Employment of Disabled Persons 1983

The promotion of full, productive and freely chosen employment …. should be regarded as the means of achieving in practice the realization of the right to work.

ILO Recommendation No. 169 concerning Employment Policy

Contents

Introduction

The Right to Decent Work of Persons with Disabilities - Summary Overview

Principle International Legal Instruments and Policy Initiatives

Chapter 1 - International Legal Instruments and Policy Initiatives concerning the Right to Work of Persons with Disabilities

  1. Introduction
  2. Early ILO Measures
  3. Universal Declaration of Human Rights
  4. Council of Europe: European Convention on Human Rights
  5. ILO Social Security Convention
  6. First ILO Recommendation devoted to Vocational Rehabilitation
  7. Further ILO Measures 1958-68
  8. International Covenants
  9. UN Declaration on the Rights of Mentally Retarded Persons
  10. ILO Measures on the Development of Human Resources
  11. ILO Call for Comprehensive Campaign
  12. UN Declaration on the Rights of Disabled Persons
  13. International Year of Disabled Persons
  14. UN World Programme of Action and Decade of Disabled Persons
  15. ILO Convention No. 159
  16. Monitoring the Implementation of Convention No. 159
  17. European Union Recommendation concerning employment for persons withdisabilities
  18. UN Convention Recommended
  19. Council of Europe - Coherent Policy for the Rehabilitation of People with Disabilities
  20. Asian and Pacific Decade of Disabled Persons
  21. UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities
  22. Vienna Declaration
  23. Monitoring the International Covenant on Economic, Social and Cultural Rights in relation to Persons with Disabilities
  24. Copenhagen Declaration
  25. EU Treaty Amendment Prohibiting Discrimination
  26. Council of Europe: European Social Charter
  27. The Inter-American Convention
  28. African Decade of Disabled Persons
  29. EU Charter of Fundamental Rights
  30. EU Directive on Discrimination
  31. Women with Disabilities
  32. Education and Training
  33. A New Convention?

Chapter 2 - Work and Employment Options

  1. Open/Competitive Employment
  2. Sheltered Employment
  3. Supported Employment
  4. Social Enterprises.

Chapter 3 - Measures to Facilitate Work and Employment

  1. Introduction
  2. Employment Service
  3. Training for Employment
  4. Financial Supports
  5. Technical and Personal Supports
  6. Quota Systems
  7. Anti-Discrimination Legislation
  8. Persuasion Measures
  9. Disability Management
  10. Consultation Mechanisms
  11. Information, Monitoring and Evaluation

Chapter 4 - Key Issues and an Agenda for Action

  1. Key Issues
  2. General Principles to Inform the Drafting of a New treaty
  3. What Should the Convention Contain Concerning the Right to Work?

Annex 1 - Definitions

Annex 2 - Early Historical Development of Work and Employment Opportunities for Persons with Disabilities (1900-1930)

  1. Overview
  2. From the Beginning
  3. Belgium
  4. France
  5. Great Britain
  6. Germany
  7. Canada
  8. United States
  9. Women with Disabilities
  10. Period of Stagnation

Copyright © International Labour Organization 2003. Used by permission.

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ISBN 92-2-1-113594-2

Firstpublished 2003

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Printed by the International Labour Office, Geneva, Switzerland


For more information

The Disability Programme
InFocus Programme on Skills, Knowledge and Employability
International Labour Office (ILO)
4, Route des Morillons
CH-1211 Geneva 22
(Switzerland)
Tel. + 41 - 22 - 799 82 76
Fax: + 41- 22 - 799 63 10 or 8573
E-mail: disability@ilo.org

http://www.ilo.org/public/english/employment/skills/disability/index.htm

 

Introduction

            The ILO has commissioned this paper on ‘The Right to Decent Work of Persons with Disabilities’ as a contribution to the deliberations taking place in preparation for the development of a United Nations Convention on the Rights of Persons with Disabilities. The paper is intended to be of specific relevance to those involved in drafting the provisions concerning employment and work in the proposed Convention. By examining the development over time of the ‘right to work’ of disabled persons, the way in which this matter has been dealt with in international instruments and national legislation to date, and the experience in implementing employment and work opportunities, the paper will enable those involved in the preparation of the proposed UN Convention to build on achievements so far.

            A summary overview of the principal international legal instruments and policy of relevance to the rights of people with disabilities, with a particular focus on employment and work, is given at the outset. This is followed, in Chapter 1, by a more detailed description of international instruments, policies and initiatives, including reference to the debates which have taken place about their effectiveness in practice.

            In Chapter 2, the focus is on the different options open to people with disabilities who wish to work in open/competitive employment, sheltered employment, supported employment and social enterprises. The chapter examines available evidence on the trends in each of these categories and highlights the key issues faced in each case.

            Chapter 3 deals with the main approaches which have been adopted at national level to assist people with disabilities in securing, retaining and advancing in employment and work, including legislation; employment services; training for employment; disability management; financial, technical and personal supports; and/persuasion measures. The chapter also touches on the processes of consultation, information gathering, monitoring and evaluation which are essential elements of effective policies.

            Chapter 4 reviews the key areas which still require attention, in spite of the range of measures introduced at international, regional and national level to improve employment opportunities for people with disabilities. The chapter suggests ways in which progress might be made in each of these areas, and goes on to propose general principles which should inform the new UN Convention, along with concrete provisions which the Convention might contain.

            Annex 1 contains definitions of the key terms used, while Annex 2 gives a historical flavour to the paper, by tracing the development of work and employment opportunities for persons with disabilities in different industrialized countries in the early twentieth century.

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