DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE-
ILO AND PERSONS WITH DISABILITIES

NAME OF THE FACULTY:

PROF. CH. LAKSHMI

NAME OF THE STUDENT- SWETALANA R0UT

ROLL NUMBER-2017097
SEMESTER- VI
 TABLE OF CONTENTS

ACKNOWLEDGEMENT:................................................................................................................3
OBJECTIVE OF THE STUDY:........................................................................................................4
SIGNIFICANCE OF THE STUDY:....................................................................................................4

SCOPE OF THE STUDY:...............................................................................................................4

RESEARCH QUESTION:................................................................................................................4
RESEARCH METHODOLOGY:.......................................................................................................5
REVIEW OF LITERATURE:...........................................................................................................5
HYPOTHESIS:...............................................................................................................................5
INTRODUCTION...........................................................................................................................6
PRINCIPAL INTERNATIONAL LEGAL INSTRUMENTS AND POLICY INITIATIVES..........................7
FIRST ILO RECOMMENDATION DEVOTED TO VOCATIONAL REHABILITATION...........................10
FURTHER ILO MEASURES(1958–68)..........................................................................................11
UN DECLARATION ON THE RIGHTS OF MENTALLY RETARDED PERSONS...............................12
ILO MEASURES ON THE DEVELOPMENT OF HUMAN RESOURCES..............................................12
ILO CALL FOR COMPREHENSIVE CAMPAIGN.............................................................................13
UN DECLARATION ON THE RIGHTS OF DISABLED PERSONS....................................................14
INTERNATIONAL YEAR OF DISABLED PERSONS.......................................................................14
UN WORLD PROGRAMME OF ACTION (WPA) AND DECADE OF DISABLED PERSONS.............15
EU RECOMMENDATION CONCERNING EMPLOYMENT FOR PERSONS WITH DISABILITIES..........15
MONITORING THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS (ICESCR) IN RELATION TO PERSONS WITH DISABILITIES............................................16
AFRICAN DECADE OF DISABLED PERSONS...............................................................................18
ARAB DECADE FOR PERSONS WITH DISABILITIES....................................................................19
DEVELOPMENT OF NATIONAL DISABILITY STRATEGIES............................................................20
WOMEN AND GIRLS WITH DISABILITIES....................................................................................20
DATA ON THE EMPLOYMENT OF PERSONS WITH DISABILITIES.................................................21
WOMEN WITH DISABILITIES......................................................................................................22
CONCLUSION:...........................................................................................................................22
 ACKNOWLEDGEMENT:

The final outcome of this project required a lot of guidance and assistance from many people
and I am extremely fortunate to have got this all along the completion of my project work.
Whatever I have done is only due to such guidance and I would like to thank them for the
same.

I thank Prof. Ch. Lakshmi, for giving me an opportunity to do this project and the unfailing
support and guidance which enabled me to finish it on time.

I would like to express my gratitude to DSNLU for providing me with all the required
materials.

Signature of the student

OBJECTIVE OF THE STUDY:

TO study about the ILO and rights of persons with disabilities. Disabled persons, particularly
disabled women, experience higher rates of unemployment, economic inactivity and a lack of
social protection in comparison to their non-disabled peers. Alongside the importance of
ensuring persons with disabilities attain their right to work, there are economic and business
reasons for inclusion. These include the benefits to economies as a whole, businesses that
adopt diverse practices and the persons with disabilities themselves.

SIGNIFICANCE OF THE STUDY:

The paper is intended for employers’ organizations and other representative business
organizations, companies, workers’ organizations, ILO staff, people with disabilities, and
others interested in learning about the inclusion of disabled people in the workplace. It
contributes to the knowledge sharing activities of the ILO Global Business and Disability
Network.

SCOPE OF THE STUDY:

The study of ILO Global Business and Disability Network is primarily restricted
multinational companies, employers’ organizations and business networks from around the
world ‐ companies and groups with a specific interest in disability issues as it relates to the
workplace and their businesses.

RESEARCH QUESTION:
 What is the objective of ‘The Employment of People with Disabilities: the Impact of
Legislation’?
 What is the capacity of national governments of selected countries to implement
effective legislation on the employment of people with disabilities?
 The project sets out to document existing legislation, identify the implementation
mechanisms in place, highlight improvements that may be required, and provide
 technical assistance to selected national governments for implementing necessary
improvements.

RESEARCH METHODOLOGY:
The researcher has adopted doctrinal method of research and the entire paper is in the form of
analysis of established procedures, following the analytical research style. The primary
sources for this Paper are the ILO website and other relevant judicial decisions. The
secondary sources are books, articles and web sources.

REVIEW OF LITERATURE:
This research paper is prepared by referring many books, articles from magazines, journals,
newspapers, reports of NDC, internet sources etc.

HYPOTHESIS:
With the research paper, the researcher has attempted to find the objective of ‘The
Employment of People with Disabilities: the Impact of Legislation’.
 INTRODUCTION
People with disabilities in the world of work:

There are an estimated one billion persons with disabilities globally, with about 80 per cent of
them living in developing countries. Despite major gains in recent years, people with
disabilities are still at higher risk of poverty and social exclusion around the world. Largely
overlooked in data collection and policy formulation, people with disabilities are often
rendered socially invisible. Around 800 million people with disabilities are of working age,
and many of them face significant obstacles to equal opportunities in the world of work,
ranging from attitudinal and physical to informational barriers. Consequently, the right of
people with disabilities to work and employment is frequently denied. Disabled persons,
particularly disabled women, experience higher rates of unemployment, economic inactivity
and a lack of social protection in comparison to their non-disabled peers. Alongside the
importance of ensuring persons with disabilities attain their right to work, there are economic
and business reasons for inclusion. These include the benefits to economies as a whole,
businesses that adopt diverse practices and the persons with disabilities themselves.1

Access to work: A right and an economic advantage

The ILO approach to the inclusion of persons with disabilities is grounded in both assuring
the rights of persons with disabilities as well as recognizing the economic benefits of
inclusion. Ratifi ed by more than 150 countries, the United Nations Convention on the Rights
of Persons with Disabilities guarantees the right of people with disabilities to mainstream
vocational training, employment and social protection. The work-related provisions of the
United Nations Convention are reinforced by the ILO Vocational Rehabilitation and
Employment (Disabled Persons) Convention, 1983 as well as by the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111). When persons with disabilities
have access to decent work, it brings considerable economic advantages. Developing
countries lose up to 7 per cent of their gross domestic product due to the exclusion of persons
with disabilities from the labour market. Further, employers across the world increasingly
recognize the benefits of diverse workforces and employing persons with disabilities.2

1
Ali, M.; Schur, L.; Kruse, D.; & Blanck, P. 2011. What Jobs Do People with Disabilities Want?
The Same as Anyone Else, Journal of Occupational Rehabilitation, 21(2), 199-210 (2011).
2
Policy and enforcement bodies. Available at: http://www.disability-europe.net/de/content/policy-and-
enforcement-bodies-18 [21 Dec. 2013].
PRINCIPAL INTERNATIONAL LEGAL INSTRUMENTS AND POLICY INITIATIVES
One of the earliest international acknowledgements of the right of people with disabilities to
work opportunities was made by the ILO in 1944. In a comprehensive and far-seeing
Recommendation, the ILO stated unequivocally that disabled workers, “whatever the origin
of their disability, should be provided with full opportunities for rehabilitation, specialized
vocational guidance, training and retraining, and employment on useful work” (Employment
(Transition from War to Peace) Recommendation, 1944 (No. 71)). The ILO said that persons
with disabilities should, wherever possible, be trained with other workers, under the same
conditions and the same pay, and called for equality of employment opportunity for disabled
workers and for affirmative action to promote the employment of workers with serious
disabilities. Four years later, the right to work of everyone, including persons with
disabilities, was made binding by the UN. Article 23 of the Universal Declaration of Human
Rights (adopted by the General Assembly on 10 December 1948) could hardly be more
explicit:

“Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment. Everyone, without
discrimination, has the right to equal pay for equal work. Everyone who works has the right
to just and favourable remuneration ensuring for himself and his family an existence worthy
of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.”3

What proved to be one of the most important international instruments in relation to the right
to work of persons with disabilities - the Vocational Rehabilitation (Disabled)
Recommendation, 1955 (No. 99) - was adopted by the ILO in 1955. Until the adoption of the
ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159)
and its Recommendation No. 168 in 1983, almost thirty years later, Recommendation No. 99
served as the basis for national legislation and practice in relation to vocational guidance,
vocational training, and placement of disabled persons. It built on the core provisions of
earlier instruments in relation, for example, to vocational training, equality of opportunity and
’equal remuneration for work of equal value. The 1966 International Covenant on Economic,
Social and Cultural Rights (ICESCR), adopted by the UN General Assembly on 16 December
(resolution 2200A (xxi)), was drafted in close consultation with the ILO, and reiterates those

3
Barbour, W. C. 1999. “Supported employment: The coming of full circle”, in Journal of Vocational
Rehabilitation, Vol. 13, pp. 165-174.
above-mentioned earlier provisions in binding treaty form. States Parties to the Covenant
recognize the right of everyone to work, which includes the right to the opportunity to gain
one’s living by work freely chosen or accepted, and undertake to safeguard that right (Art. 6).
Steps to be taken to achieve the full realization of that right include vocational guidance,
training and productive employment. States Parties also commit themselves to fair wages and
equal remuneration for work of equal value without distinction of any kind; safe and healthy
working conditions; and equal opportunity for everyone to be promoted in employment to an
appropriate higher level, subject to no considerations other than those of seniority and
competence (Art. 7). The International Covenant on Civil and Political Rights (ICCPR), also
adopted in 1966, does not deal specifically with employment, but it does contain an important
provision stating that all persons are equal before the law and are entitled to the equal
protection of the law, and prohibiting discrimination on any ground (ICCPR, 1966, Art. 26), a
clause also contained in the ICESCR (Art. 2).: It also provides for the right to form and join
trade unions (ICCPR, Art 22). While disability is not explicitly mentioned in either Covenant
as a prohibited ground of discrimination, it is understood to be encompassed by the term “or
other status” (UN CESCR 1994, General Comment No. 5).

In 1971, the UN General Assembly proclaimed a Declaration on the Rights of Mentally

Retarded Persons (resolution 2856 of 20 Dec. 1971), which affirmed, inter alia, their right to
perform productive work or to engage in any other meaningful occupation to the fullest
extent of their capabilities. To encourage, assist and enable persons with disabilities to
exercise their right to work on an equal basis and without discrimination, the ILO’s Human
Resources Development Convention, 1975 (No. 142) called on member States to develop and
implement open, flexible and complementary systems of general, technical and vocational
education; educational and vocational guidance; and vocational training, including continuing
employment information. The accompanying Human Resources Development
Recommendation (No. 195) adopted in 2004 to replace the original Recommendation No 150
of 1975, spells out in detail how the provisions of this Convention should be effected,
highlighting the importance of policies to promote equal opportunities in accessing education,
training and life-long learning, as well as career guidance and job-placement services
including for persons with disabilities. The Recommendation recognizes the role of social
partners, in particular employers, in promoting further training and work experience and of
local authorities, communities and other interested parties in addition to government in
providing services for persons with special needs.4

In 1999, a renewed campaign, Rehabilitation International: Charter for the Third Millennium
(9 September 1999), was initiated to have a specially-designed law, a UN Convention on the
Rights of Persons with Disabilities, elaborated. In December 2001, on the basis of a
resolution sponsored by the Government of Mexico, the UN General Assembly established
an Ad Hoc Committee (AHC) “to consider proposals for a comprehensive and integral
international convention to promote and protect the rights and dignity of persons with
disabilities, based on the holistic approach in the work done in the fields of social
development, human rights and non-discrimination and taking into account the
recommendations of the Commission on Human Rights and the Commission for Social
Development.”

The AHC commenced work in July 2002. Following an open and transparent elaboration
process, which provided for meaningful participation by all interested parties, including
persons with disabilities and their representative organizations, the AHC held eight sessions
before concluding its work with the adoption on 13 December 2006 by the UN General
Assembly of the CRPD (resolution 61/106). The Convention is seen as “a comprehensive and
integral convention to promote and protect the rights and dignity of persons with disabilities
(which) will make a significant contribution to redressing the profound social disadvantage of
persons with disabilities and promote their participation in the civil, political, economic,
social and cultural spheres with equal opportunities, in both developing and developed
countries” (op. cit., preamble (y)).

The principles of the CRPD are: respect for inherent dignity, individual autonomy including
the freedom to make one’s own choices, and independence of persons; non-discrimination;
full and effective participation and inclusion in society; respect for difference and acceptance
of persons with disabilities as part of human diversity and humanity; equality of opportunity;
accessibility; equality between men and women; respect for the evolving capacities of
children with disabilities and respect for the right of children with disabilities to preserve
their identities. States Parties to the CRPD have general as well as specific obligations.

The former include undertaking to:

4
PERSE - The Socio-Economic Performance of Social Enterprises in the Field of Integration by Work.
Available at: http://ec.europa.eu/research/social-sciences/projects/152_en.html [21 Dec. 2013].
  adopt all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the Convention;
 take into account the protection and promotion of the human rights of persons with
disabilities in all policies and programmes;
 ensure that public authorities and institutions act in conformity with the Convention;
 take all appropriate measures to eliminate discrimination on the basis of disability by
any person, organization or private enterprise;
 promote the training of professionals and staff working with persons with disabilities
in the rights recognized in the CRPD.

With regard to work and employment, States Parties to the CRPD recognize the right of
persons with disabilities to work, on an equal basis with others; this includes the right to the
opportunity to gain a living by work freely chosen or accepted in a work environment that is
open, inclusive and accessible. States Parties also undertake to take appropriate steps,
including those specifically listed in the CRPD, to safeguard and promote the realization of
the right to work. The CRPD restates, reinforces and develops rights contained in other
international instruments; confirms that all such rights apply to persons with disabilities;
provides for the establishment of a Committee on the Rights of Persons with Disabilities to
monitor the CRPD; and obliges States Parties to closely consult with and actively involve
persons with disabilities, through their representative organizations, in the development and
implementation of legislation and policies to implement the CRPD, and in other decision-
making processes concerning issues relating to persons with disabilities.5

FIRST ILO RECOMMENDATION DEVOTED TO VOCATIONAL REHABILITATION

What was to be one of the most important instruments in relation to persons with disabilities,
the ILO Vocational Rehabilitation (Disabled) Recommendation (No. 99), was adopted in
1955. Until the adoption of Convention No. 159 and Recommendation No. 168 almost thirty
years later, this international instrument served as the basis for all national legislation and
practice concerning vocational guidance, vocational training and placement of disabled
persons. While not linked to a Convention, the extent to which R.99 influenced national
legislation and practice is confirmed the Director-General’s comment in his 1964 Report to
the effect that while Conventions lay down obligations, it is possible, in certain areas, “that a
standard which can be widely accepted may well be more effective in practice than
5
European Union (EU). 2010. Equality summit – Equality and diversity in employment from 15 November
2010 to 16 November 2010. Available at: http://www.eutrio.be/sites/default/ temp/6861.pdf [21 Dec. 2013].
obligations which are unlikely to be equally widely assumed” 6. Using a definition of
“disabled person” which is substantively the same as that currently in use by the ILO, 7
Recommendation No. 99 builds on key provisions of earlier instruments in relation, for
example, to mainstreaming of vocational training, equality of opportunity, non-discrimination
in wages or other conditions of employment for equal work, and promotion of research.
Methods of widening employment opportunities for workers with disabilities, in close
cooperation with employers’ and workers’ organizations, include quotas, reserved
occupations, creation of cooperatives and the establishment of sheltered workshops. The role
of the ILO in providing technical advisory assistance, organizing international exchanges of
experience, and other forms of international cooperation including the training of
rehabilitation staff, is spelled out. The Recommendation also includes special provisions for
disabled children and young persons.

FURTHER ILO MEASURES(1958–68)

The ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and its
accompanying Recommendation (no. 111) provide for the adoption of a national equality
policy, with a view to eliminating discrimination in employment and occupation. Given the
ILO’s previous attention to persons with disabilities, it is somewhat surprising that disability
was not specifically included in these particular instruments as a prohibited ground of
discrimination.

Convention No. 111 does, however, make provision for “special measures” in the case of
disabled people:

“Any Member may, after consultation with representative employers’ and workers’
organizations, where such exist, determine that other special measures designed to meet the
particular requirements of persons who, for reasons such as sex, age, disablement, family
responsibilities or social or cultural status, are generally recognized to require special
protection or assistance, shall not be deemed to be discrimination”.

The Convention also provides that additional grounds of discrimination can be determined by
member States, after consultation with the social partners and other appropriate bodies. 8
Disability is frequently considered under Convention No. 111 in this context. Mindful of the
effects of technological change on jobs, the ILO issued a Resolution concerning Vocational
6
ILO, 1998, p. 4
7
see Section 3.11.1
8
Art 1(1)(b).
Rehabilitation of Disabled Persons in 1965, concerning techniques employed by member
States in the rehabilitation and training of disabled persons for new forms of employment.

The ILO’s continuing interest in workers with disabilities was reflected in the requirement in
Article 13 of its Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128) that
Members should, under prescribed conditions:

(a) provide rehabilitation services designed to prepare a disabled person wherever possible
for the resumption of previous activity, or, if this is not possible, the most suitable alternative
gainful activity, having regard to aptitudes and capacity; and

(b) take measures to further the placement of disabled persons in suitable employment. That
the ILO was determined to progress policy in vocational rehabilitation and to eliminate all
discrimination in relation to the employment of disabled workers was evidenced in 1968 by a
Resolution of the International Labour Conference concerning Disabled Workers adopted on
24 June 1968, requesting the Director-General to carry out appropriate studies to enable the
Conference to consider the possible revision of the Vocational Rehabilitation (Disabled)
Recommendation, 1955 (No. 99), or the possible adoption of a new international instrument.

UN DECLARATION ON THE RIGHTS OF MENTALLY RETARDED PERSONS

In 1971, the UN General Assembly proclaimed a Declaration on the Rights of Mentally
Retarded Persons (Resolution 2956 (xxvi) of 20 Dec. 1971). The Declaration affirmed that
mentally retarded persons had the same rights as everyone else. Specifically, they had a right
to such education, training, rehabilitation and guidance as would enable them to develop their
ability and maximum potential; a right to economic security and a decent standard of living; a
right to perform productive work or to engage in any other meaningful occupation to the
fullest possible extent of their capabilities.9

ILO MEASURES ON THE DEVELOPMENT OF HUMAN RESOURCES

The ILO Human Resources Development Convention, 1975 (No. 142) called on member
States to develop comprehensive and coordinated policies and programmes of vocational
guidance and vocational training, closely linked with employment, in particular through
public employment services. Systems of vocational guidance, including continuing
9
Russell, C. 1998a. Education, Employment and Training Policies and Programmes for Youth with Disabilities
in Four European Countries, Employment and Training Papers: 21. Available at:
http://www.oit.org/wcmsp5/groups/public/@ed_emp/documents/publication/wcms_120230. pdf [21 Dec. 2013]
employment information, are to be extended to ensure that comprehensive information and
the broadest possible guidance would be available to all, including persons with disabilities.
The accompanying Recommendation (No. 150) was revised and replaced in 2004 by the
Human Resources Development Recommendation (No. 195) that emphasizes that education
and training are a right for all and calls for the development of human resources development,
education, training and lifelong learning policies which among other things, reduce inequality
in the participation in education and training. Equal opportunities should be provided for
women and men in these spheres and access to education, training and lifelong learning
should be promoted for people with nationally identified special needs, including people with
disabilities, indigenous people, ethnic minority groups and the socially excluded. Of
significance for adults with disabilities, the Recommendation calls for the development of
approaches for non-formal education and training, especially for adults who were denied
education and training opportunities when young. The call for the recognition of formal and
informal workplace learning is also of relevance to adults with disabilities. Equal opportunity
strategies, measures and programmes should developed to promote and implement training
for people with special needs, with the objective of reducing inequalities; and equal
opportunities in accessing career guidance and skills upgrading should be promoted. While
governments are seen as holding primary responsibility for education and pre-employment
training, the Recommendation calls for recognition of the role of social partners in promoting
further training, the important role of employers in providing work experience, and of the role
of local authorities and communities and other interested parties in implementing
programmes for people with special needs. The Recommendation also calls for data
collection to be disaggregated by specific socio-economic categories, so that trends can be
established and analysis undertaken to guide policy development.10

ILO CALL FOR COMPREHENSIVE CAMPAIGN

The ILO Resolution concerning Vocational Rehabilitation and Social Reintegration of
Disabled or Handicapped Persons adopted on 24 June 1975 was short, but particularly
significant for a number of reasons. Referring to the fact that Rehabilitation International had
declared the 1970s to be the Rehabilitation Decade, the Resolution acknowledged growing
public recognition of the need for special measures to integrate disabled persons into the
community; deplored the fact that too many persons with disabilities, the majority of whom

10
Saloviita, T. 2000. “Supported employment as a paradigm shift and a cause of legitimation crisis”, in
Disability and Society, Vol. 15, No. 1, 1 Jan. 2000, pp. 87-98.
lived in developing countries, had very limited opportunity for work; and called on all public
authorities and employers’ and workers’ organizations to promote maximum opportunities
for disabled persons to perform, secure and retain suitable employment. The resolution called
for a comprehensive campaign for vocational rehabilitation and social integration of disabled
persons, in cooperation and coordination with the UN, its specialized agencies, and
international, regional and non-governmental organizations (NGOs), a campaign which was
to result, inter alia, in the International Year of Disabled Persons and the World Programme
of Action concerning Disabled Persons.11

UN DECLARATION ON THE RIGHTS OF DISABLED PERSONS

The UN General Assembly, at the end of 1975, proclaimed a Declaration on the Rights of
Disabled Persons (resolution 3447 (xxx) of 9 Dec. 1975). The Declaration affirmed that
disabled persons had the same civil and political rights as other people, as well as the right to,
inter alia, education, vocational training, counselling and placement services, the right to
secure and retain employment or to engage in a useful, productive and remunerative
occupation. The Declaration proclaimed that these rights were for all disabled persons
without discrimination on the basis of sex or other grounds.

INTERNATIONAL YEAR OF DISABLED PERSONS

On 16 December 1976, the UN General Assembly proclaimed 1981 the International Year of
Disabled Persons, with the theme “full participation and equality” (Resolution 31/123).
Towards the end of 1981, the General Assembly urged Member States to consolidate and
build further on the results of the International Year in order to secure prevention of
disability, rehabilitation and full integration of disabled persons into society. The General
Assembly also urged the Secretary General, the specialized agencies and other UN bodies to
undertake or expedite measures already under way to improve employment opportunities for
disabled persons within these bodies at all levels (Resolution 36/77 of 8 Dec. 1981).12

11
SSA (Social Security Administration). 2013. Ticket to Work, Social Security: Choose Work. Available at:
http://www.choosework.net/ [21 Dec. 2013].
12
International Classification of Functioning, Disability and Health (ICF).
http://www.who.int/classifications/icf/en/ (1 Nov. 2014)
 UN WORLD PROGRAMME OF ACTION (WPA) AND DECADE OF DISABLED
PERSONS
One year later, the UN General Assembly, stressing that the primary responsibility for
promoting effective measures for prevention, rehabilitation and the realization of the goals of
full participation and equality rested with individual countries and that international action
should be directed to assist and support national efforts in this regard, adopted the World
Programme of Action concerning Disabled Persons (Resolution 37/52 of 3 Dec. 1982). On
the same day, the General Assembly proclaimed the period 1983–1992 as the UN Decade of
Disabled Persons and encouraged Member States to utilize this period as one of the means to
implement the WPA (Resolution 37/53 of 23 Dec. 1982). The WPA contains three overall
aims: prevention, rehabilitation, and equalization of opportunities. Equalization of
opportunities is defined as: the process through which the general system of society, such as
the physical and cultural environment, housing and transportation, social and health services,
educational and work opportunities, cultural and social life, including sports and recreational
opportunities are made accessible to all. The WPA states that “experience shows that it is
largely the environment which determines the effect of an impairment or a disability on a
person’s daily life”; an acknowledgement which epitomizes the shift from a care/welfare
approach to a social/rights one.13

EU RECOMMENDATION CONCERNING EMPLOYMENT FOR PERSONS WITH

DISABILITIES
The original six Member States – Belgium, France, Federal Republic of Germany, Italy,
Luxembourg and the Netherlands – of the then European Economic Community (EEC) (now
the European Union (EU)) had relatively similar social systems and levels of economic
development, and they did not perceive social policy as a major issue of potential
disagreement. Hence, between 1957 and the first enlargement of the EEC in 1973 when
Denmark, Ireland and the United Kingdom joined, social policy was not a serious
preoccupation. There were two exceptions: free movement of workers and equal
opportunities. The focus of equal opportunities legislation was, however, primarily on
gender. Concern about the need for an active social policy increased with the entry into the
Community of Greece in 1981 and Portugal and Spain in 1986. While the Council of
13
Work4Illinois. 2009. Disabled Workers Program, Work4Illinois. Available at: http://work.illinois.
gov/disabpgm.htm [21 Dec. 2013].
Ministers had no formal competency until the Treaty of Amsterdam in 1997 to adopt legal
measures in the disability field, this did not prevent it from adopting non-binding
Recommendations and Resolutions14. In 1986, a Recommendation was adopted urging
Member States “to take appropriate measures to promote fair opportunities for persons with
disabilities in the field of employment and vocational training.”

MONITORING THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND

CULTURAL RIGHTS (ICESCR) IN RELATION TO PERSONS WITH DISABILITIES
Towards the end of 1994, the UN Committee on Economic, Social and Cultural Rights issued
a salutary reminder that, notwithstanding the many international instruments adopted over the
years by the ILO and the UN, States Parties to the ICESCR had devoted very little attention
to ensuring the full enjoyment of the relevant rights by persons with disabilities (General
Comment No. 5). Attributing the absence of an explicit, disability-related provision in the
Covenant to the lack of awareness of the importance of addressing this issue explicitly, rather
than only by implication, at the time of the drafting of the Covenant over twenty-five years
previously, the Committee drew attention to a number of more recent international human
rights instruments which had addressed the issue specifically, including:

 the Convention on the Rights of the Child (Art. 23);

 the African Charter on Human and Peoples’ Rights (Art. 18 (4));
 the Additional Protocol to the American Convention on Human Rights in the
Area of Economic, Social and Cultural Rights (Art. 18).

Reminding governments that the ultimate responsibility was theirs for remedying the
conditions that lead to impairment and for dealing with the consequences of disability, the
Committee pointed out that the effects of disability-based discrimination had been
particularly severe in the fields of education, employment, housing, transport, cultural life
and access to public places and services. Regarding the rights relating to work contained in
Articles 6 to 8 of the Covenant, the Committee considered the field of employment as one in
which discrimination had been both prominent and persistent. In most countries, the
unemployment rate among persons with disabilities was two to three times higher than the
unemployment rate for others. Persons with disabilities were mostly engaged in low-paid jobs
with little social and legal security and often segregated from the mainstream labour market.
As the ILO had frequently noted, physical barriers such as inaccessible transport, housing and
14
see Degener and Quinn, 2000, pp. 94 et seq
workplaces were often the main reasons why persons with disabilities were not employed.
The Committee drew attention to the valuable and comprehensive instruments developed by
the ILO, including in particular Convention No. 159, and urged States Parties to the Covenant
to consider ratifying that Convention. The methods to be used by States parties in seeking to
implement their obligations under the Covenant towards persons with disabilities are, the
Committee pointed out, essentially the same as those in relation to other obligations. They
include the need to ascertain, through regular monitoring, the nature and scope of the
problems existing within the country concerned, the need to adopt appropriately tailored
policies and programmes to respond to what is required, the need to legislate where necessary
to prohibit discrimination and to eliminate any existing discriminatory legislation, and the
need to make budgetary provisions or, where necessary, seek international cooperation and
assistance. International cooperation is likely to be a particularly important element in
enabling some developing countries to fulfil their obligations under the Covenant. 15

The Committee drew particular attention to the situation of women with disabilities:

“Persons with disabilities are sometimes treated as genderless human beings. As a result, the
double discrimination suffered by women with disabilities is often neglected. Despite
frequent calls by the international community for particular emphasis to be placed upon their
situation, very few efforts have been undertaken during the Decade.”

The Committee urged States Parties to address the situation of women with disabilities, with
high priority being given in future to the implementation of economic, social and cultural
rights-based programmes. The right to the enjoyment of “just and favourable conditions of
work” (Art. 7 of the Covenant) applies to all disabled workers, whether they work in the open
labour market or in sheltered employment. 16

The right to join a trade union (Art. 8) similarly applies to all disabled workers. Social
security, including social insurance, is particularly important for persons with disabilities
(Art. 9). The Committee referred to the UN Standard Rules, which state that States should
ensure the provision of adequate income support to persons with disabilities who, owing to
disability or disability-related factors, have temporarily lost or received a reduction in their

15
Wynne, R. et al. 2012. Active Inclusion of Young People with Disabilities or Health Problems, National
Report: Ireland. Available at: http://www.eurofound.europa.eu/pubdocs/2012/262/ en/1/EF12262EN.pdf [21
Dec. 2013]
16
Wynne, R. et al. 2006. Employment Guidance Services for People with Disabilities, European Foundation for
the Improvement of Living and Working Conditions. Available at: http://www.
eurofound.europa.eu/pubdocs/2006/33/en/1/ef0633en.pdf [21 Dec. 2013].
income or have been denied employment opportunities. Such support should reflect the
special needs for assistance and other expenses associated with disability. Support provided,
adds the Committee, should also, as far as possible, cover individuals (who are generally
female) who undertake the care of a person with disabilities: such persons are often in need of
financial support because of their assistance role.17

AFRICAN DECADE OF DISABLED PERSONS

The African Decade of Disabled Persons (1999–2009) was declared in July 2000 by the
Organization of African Unity (OAU) Heads of State and Government. A Continental Action
Plan was adopted unanimously by participants at the Pan African Conference on the African
Decade in February 2002, and endorsed by the Executive Council of the African Union (AU),
meeting in Durban in June 2002. The Action Plan was intended to provide guidance to
Member States and Governments of the OAU in achieving the goal of the Decade – the full
participation, equality and empowerment of persons with disabilities in Africa. The Action
Plan included a range of measures to be undertaken by member States in developing national
disability programmes to promote the participation of persons with disabilities in the process
of economic and social development, and to ensure and improve access to training and
employment.

This Decade has been extended to a second phase, 2010-2019. A Continental Plan of Action
(CPoA) for the extended African Decade of Persons with Disabilities (2010 – 2019) was
adopted by the 20th Ordinary Session Assembly of the AU in January 2013. The goal of the
CPoA is full participation, equality, inclusion and empowerment of people with disabilities in
Africa. Eight strategic thematic areas are outlined for implementation at the national level,
and priority action areas are identified for each thematic area. The thematic areas include a
focus on mainstreaming, disability statistics, non-discrimination legislation, and an adequate
standard of living and social protection for persons with disabilities, among others (African
Decade Secretariat, n.d.). The Secretariat of the Decade, recently renamed the Africa
Disability Alliance, is based in Pretoria, South Africa.

Following a consultative meeting convened by the UN Special Rapporteur on Disabilities in

2012, leaders of regional and national organizations of persons with disabilities in Africa,
meeting in Addis Ababa, Ethiopia in November 2014, established an African Disability
Forum (ADF) to enable people with disabilities and their organizations in Africa to have a
17
YEI (Youth Employment Inventory). 2007. Employment and Training Policies for Youth with Disabilities.
Available at: http://www.youth-employment-inventory.org/inventory/view/112/ [21 Dec. 2013].
unified representative voice in promoting their rights and inclusion at pan-African, sub-
regional and national levels. The ADF aims to become a representative umbrella organization
of member DPOs and will seek to work closely with the Secretariat of the African Decade of
Persons with Disabilities.18

ARAB DECADE FOR PERSONS WITH DISABILITIES

The Arab Decade for Persons with Disabilities, 2004-2013, was formally proclaimed at the
Summit Meeting of the Arab League in Tunis in May 2004. Arab States were called on, inter
alia, to promote the full integration of persons with disabilities in public schools, the labour
market and other sectors of society through a wide range of measures, paying particular
attention to the requirements of women and children with disabilities. Specifically relating to
training and employment, States were called on to establish training organizations for people
with disabilities which reflect new technologies and labour market requirements; to
encourage persons with disabilities to establish small and medium-sized enterprises through
financial support and assistance with sales and marketing; as well as to encourage the private
sector to train and employ persons with disabilities and enable them to advance in their
careers. Following the declaration of the Decade, growing interest in the rights of persons
with disabilities in the region was reflected in the revision of disability-related legislation in
several of the Arab States, as well as in numerous regional and national capacity-building
events.

In 2013, marking the closure of the Arab Decade, a conference was held by the United
Nations Economic and Social Commission for Western Asia (ESCWA) and the League of
Arab States to review challenges and achievements in disability policy in the Arab Region.
Conference participants adopted a joint outcome statement reaffirming Arab countries’
commitment to implementing the provisions of the UN Convention on the Rights of Persons
with Disabilities and calling for a new regional framework to support Governments in their
efforts to develop suitable policies.19

18
USAID (U.S. Agency for International Development). 2009. Transitions Towards an Inclusive Future:
Vocational Skills Development and Employment Options for Persons with Disabilities in Europe & Eurasia.
Available at: http://pdf.usaid.gov/pdf_docs/pnads500.pdf [21 Dec. 2013].
19
UN Social Development Network, 2013.
 DEVELOPMENT OF NATIONAL DISABILITY STRATEGIES
If the measures contained in international treaties were appropriately implemented, full
equality and participation would be achieved. Without exception, however, all countries still
require major policy or programme initiatives to give effect to these measures. Many
countries have adopted national disability strategies and action plans to give effect to national
laws and policies concerning persons with disabilities, and international commitments linked
to ratification of the international standards, most recently the Convention on the Rights of
Persons with Disabilities20. Such strategies should be developed in every country to map out
the action required to promote full inclusion. Regarding employment and livelihoods,
strategies should aim to promote the right to work of women and men with disabilities in the
open labour market, through measures to encourage public and private employers to recruit,
measures of support to individuals with disabilities and other affirmative action measures;
through awareness-raising campaigns targeting employers and the public at large; and by
developing greater diversity in education, training and self-employment programmes offered.
Strategies should also be established to promote accessibility of workplaces and training
institutions, and ensure that reasonable accommodation is provided.

The national disability strategies should take into account the situation of people with
disabilities who face discrimination on multiple grounds, including women with disabilities
and people of indigenous or ethnic origin, as well as the additional barriers faced by people
with certain types of disability, especially those with intellectual and psycho-social disability.
The first step in many countries will be to carry out a study of the situation of each of these
disadvantaged groups and the barriers they face, particularly in finding employment, as a
basis for developing appropriate interventions. Once in-depth information has been gathered
and analysed, affirmative action measures can be developed to ensure effective outreach to
these disabled persons. Some information is already available on the situation of women with
disabilities, as indicated below, which can be of guidance in carrying out such surveys at
national level.

WOMEN AND GIRLS WITH DISABILITIES

The CRPD requires States Parties to recognize that women and girls with disabilities are
subject to multiple discrimination and to take measures to ensure the full and equal
enjoyment by them of all human rights and fundamental freedoms (Art. 6). As noted earlier,

20
see Flynn, 2011
the lack of up-to-date information on their situation in many countries and on how they are
catered to in policy measures contributes to their invisibility on policy agendas nationally and
internationally. At national level, available evidence, though sketchy, paints a grim picture.
Women with disabilities are less likely to be referred to vocational training; have a harder
time gaining access to rehabilitation programmes; are less likely to obtain equality in
training; and if they are successfully rehabilitated, it is more likely to lead to part-time jobs or
worse – unemployment. Among the general public and rehabilitation counsellors, the attitude
still persists that women with disabilities are passive, dependent, and not capable of or
interested in taking up an occupation leading to employment. Studies have found that, even in
economically developed countries, major programmes designed to assist people with
disabilities, such as supplemental security income, disability insurance, workers’
compensation and vocational rehabilitation, disadvantage women because of their low labour
market participation. Not only do women receive fewer benefits than men, they also draw
lower benefits. Despite their greater need, disabled women receive less from public income
support programmes21. Action is needed to tackle the information gap, and to develop
appropriate policy measures to ensure that women and girls with disabilities can enjoy their
rights.

DATA ON THE EMPLOYMENT OF PERSONS WITH DISABILITIES

At present most countries do not have a reliable up-to-date picture of the labour market
situation of persons with disabilities, and where data is available, it is frequently derived from
disability-specific surveys, rather than from the regularly implemented labour force or
household panel surveys. This is a key issue to be addressed, as comprehensive reliable data
is important for the development of policies and their implementation through programmes
and services, whether disability-specific or addressing the requirements of persons with
disabilities as part of general measures introduced for the population at large. 22

The Convention on the Rights of Persons with Disabilities acknowledges the importance of
gathering appropriate information, including statistical and research data, to enable States
Parties to formulate and implement policies to give effect to its provisions (Art. 31), and
requires States Parties to collect appropriate information. Labour force surveys and other
regularly conducted surveys of the population of any country should include specific

21
Mudrick, 1988.
22
Grants for Implementing Disability Information Technology. Available at: http://www.
doleta.gov/grants/sga/01-107sga.cfm [21 Dec. 2013]
questions on person with disabilities, drawing on the internationally recognized Washington
Group questions. In its comments on the reports of States Parties to date, the Committee on
the Rights of Persons with Disabilities has requested that, when collecting data on
employment, indicators on type of disability and type of work be included, so as to allow for
well-informed and targeted efforts to be made to improve the employment situation of
persons with disabilities. In addition, data should be disaggregated by a range of
characteristics, including sex, indigenous and ethnic origin, so as to provide a solid basis for
policy development. Work currently being undertaken by the ILO and other agencies to
improve methodologies and quality of relevant information should be supported and
strengthened.23

WOMEN WITH DISABILITIES

The legislation and systems described above were designed with disabled servicemen in
mind. Little attention, if any, appears to have been given to the vocational rehabilitation
needs of women who acquired disabilities during the First World War, presumably because
relatively few service-women served in the front line. That work opportunities for women
with disabilities was an issue of concern, at least in the United States, might however be
gleaned from research reports such as Eaves (1921), which examined vocational guidance
and placement approaches for a thousand women in Boston, many of whom had disabilities
of varying kinds.

PERIOD OF STAGNATION

The issue of vocational rehabilitation and work opportunities for persons with disability
largely faded from political agendas during the economic depression of the 1930s, emerging
again during the Second World War, with quota systems forming a large part of the response
in many cases.

CONCLUSION:
The is highly complex and diverse, as are the challenges faced by people with disabilities and
the institutional capacities to address them. There is a strong human rights case for employing
people with disabilities as well as an equally important business case. Their exclusion from
paid employment comes at a cost in terms of lost productive potential in particular. In this
regard, the ILO promotes disability-inclusive international labour standards and provides
23
Viorreta, C. 1998. The social enterprise in Spain, paper presented at the Transnational meeting in Cagliari, 29
Sep. 1998.
guidance for developing disability inclusive policies and measures, in accordance with
national conditions, priorities and available resources. Together with World Countries and
regional partners, the ILO has started to identify national level priorities to advance the
disability inclusive agenda in the context of decent work. There is significant scope and
demand for partnerships and actions that mainstream international labour standards on
disabilities in existing national legislation and policies, increase awareness and coordination
around the issues, and build the statistical and knowledge base around disabilities in the
World.

There is significant variation between the countries studied in the extent to which they gather
systematic information on the impact of policies and laws concerning the training and
employment of persons with disabilities. In some cases, the evidence cited is mainly
anecdotal (e.g. Cambodia, Fiji, Mongolia, Sri Lanka) In other cases, partial information is
available (e.g. China, India, Thailand). In others again, (Australia and Japan) Information is
systematically gathered on a regular basis. There is great potential for improving the data on
outcomes in many of the countries, drawing on the examples of good practice in the region.
In spite of its inadequacies, the available evidence shows that those countries which have
well established laws and policies, with extensive consultation, monitoring, evaluation and
data-gathering mechanisms in place have made greater progress that other countries in
moving towards the full participation of disabled persons in the labour force and society. It
also indicates that there is significant potential for countries throughout the region to learn
from each other. One of the striking points to emerge, however, is that no matter what
approach has been adopted and irrespective of the policies, laws, programmes and
consultation procedures the countries have put in place, people with disabilities remain
underrepresented in mainstream training and employment. This evidence points to a need to
review the approach taken, in light of the significantly changed labour market situation
throughout the world, arising from globalization and technological change.24

24
US DOL (U.S. Department of Labor). 2013. Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Individuals with Disabilities, 78 Fed. Reg. 58,682, 58,745 (24 Sept.,
2013).