Right to Work of Persons with Disabilities: The Public-Private Interface

Abstract

Within the regulatory framework outlined by the International Labour Organisation, the Convention on the Rights of Persons with Disabilities establishes that the State must take a proactive approach and fulfil the right to work of persons with disabilities (different abilities). This entails interaction between the public and private sector. States have indeed acted by means such as the creation of quotas in favour of the disabled and other initiatives, as shown by the Lutizh Centre in Ukraine. However, although statistics vary from country to country, they demonstrate that the percentage of persons with disabilities with an employment is lower than that of other groups in society in both developed and developing countries. People with disabilities are often stuck in sheltered or supported employment and the situation is worse for vulnerable sub-groups, whereby women are particularly disadvantaged. Within the context of inclusive sustainability, it is therefore necessary that the State intervene comprehensively to improve: (1) access to labour; (2) reasonable accommodation; and (3) workplace accessibility. It remains to be seen, however, how rhetoric is translated into practice: whilst States have a duty to eliminate labour discrimination immediately, they only have an obligation to implement labour rights progressively and to the maximum of their capacity.