< ARTICLE 27 - WORK AND EMPLOYMENT




ARTICLE 27 - WORK AND EMPLOYMENT

 

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Convention Text

 1.1 States Parties recognise 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 labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realisation of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:

(a) Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;

(b) Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;

(c) Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;

(d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training; R1

(e) Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment; R2

(f) Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one’s own business;

(g) Employ persons with disabilities in the public sector;

(h) Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures; R3

(i) Ensure that reasonable accommodation is provided to persons with disabilities in the workplace; R4

(j) Promote the acquisition by persons with disabilities of work experience in the open labour market;

(k) Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities. R5


Declaration of Needs and Characteristics

 2.1 Blind and partially-sighted people are able to work successfully in a wide range of industrial, commercial, managerial and professional jobs when appropriate adapted or special equipment and personal assistance such as readers' services are made available.

2.2 Employers often do not appreciate the extent to which blind and partially-sighted people are able to work as effectively as normally-sighted colleagues. Action is needed to promote the employment capabilities of blind and partially-sighted people.

2.3 The proportion of blind and partially-sighted people following further and higher education courses and acquiring professional or academic qualifications commensurate with their abilities is significantly lower than the population as a whole. Effective, practical support and encouragement is needed to combat low self esteem and lack of confidence.

2.4 Blind and partially-sighted people need rehabilitation, vocational training, vocational guidance and placement services that have staff with the knowledge, skills, experience, as well as the facilities and resources to meet their specific needs, thereby ensuring that those who wish to find employment have the opportunity to do so.

2.5 Blind and partially-sighted people often find that statutory income support is not structured to provide the financial incentive required to accept the relatively low paid jobs that are available to them.

2.6 People who lose their sight when already in employment need support, advice and information about the practicality of continuing to hold their present post and the availability of rehabilitation and training.

2.7 Blind and partially-sighted people who are permanently employed require leave of absence to follow courses of rehabilitation and vocational training prior to returning to work with their previous employers.

2.8 Some blind and partially-sighted people of working age have other significant disabilities that adversely affect their ability to find a job. They need the opportunity to work in both supported employment in the open labour market and in sheltered workshops that have conditions of employment that are comparable with the open labour market.

2.9 The nature of work is rapidly changing. Blind and partially-sighted people therefore need access to new employment opportunities that have been researched and developed, so that employment in new fields is established as the availability of more traditional jobs diminishes.

2.10 The principles of universal design must be applied to equipment and machines used in all workplaces to ensure its safe and effective operation by blind and partially-sighted people.


Important Aspects of Convention Text

3.1 Convention text - R1 (d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training.

3.2 Requirement - Governments should provide or support vocational training, vocational guidance and placement services that have staff with professional training and experience in the employment of blind and partially-sighted people.

3.3 Requirement - Governments should provide funding to enable blind and partially-sighted people to follow vocational training, including training courses designed specifically for blind and partially-sighted people. Support for individuals should include income support, the cost of training, provision of special equipment, cost of reader services, adaptations to training and work stations and cost of travel.

3.4 Requirement - Governments should provide or support induction training for blind and partially-sighted people in the workplace when starting a new job or when promotion or job changes occur.

3.5 Convention text - R2 (e) Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment.

3.6 Requirement - Governments must promote the employment of blind and partially-sighted people in open and supported employment.

3.7 Convention text - R3 (h) Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures.

3.8 Requirement - Governments should make provision for and fund supported employment schemes that have the capacity to assist blind and partially-sighted people find and keep work.

3.9 Requirement - Governmental support for sheltered workshops that provide employment suitable for blind and partially-sighted people who have a range of additional disabilities is necessary.

3.10 Requirement - Governments should fund the continuing research and development of new employment opportunities for blind and partially-sighted people, coupled with support for blind and partially-sighted people to find and keep jobs in newly identified areas.

3.11 Convention text - R4 (i) Ensure that reasonable accommodation is provided to persons with disabilities in the workplace.

3.12 Requirement - Statutory funding is required for special equipment, personal assistants, adaptations to workplace and transcription services for blind and partially-sighted people in open and supported employment.

3.13 Convention text - R5 (k) Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

3.14 Requirement - Employers should be required to provide leave of absence for blind and partially-sighted people at time of sight loss whilst they follow vocational rehabilitation courses and any subsequent vocational training and ensure that they have the option of re-employment in their previous job or one of comparable status and salary.

3.15 Requirement - Governments should support the provision of vocational rehabilitation courses designed and maintained specifically to meet the needs of people who have experienced substantial visual loss.










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