ILO 2015 -- Decent Work Report(Third Edition)
4 Towards inclusive labour markets - an agenda for action
4.1 Introduction
Despite the array of international, regional and national laws and other instruments, persons with disabilities throughout the world continue to be subjected to discrimination and denial of their rights in the field of employment. Available statistics indicate that the employment rate of persons with disabilities is lower, the unemployment rate higher and the labour force inactivity rate tends to be twice or more that of other workers. This is a great loss to the individuals themselves and their families, and also to the wider society, estimated at between 3 to 7 per cent of Gross Domestic Product (Buckup, 2009). It is of central importance that States should move away from sheltered employment schemes that segregate workers with disabilities from the mainstream of the labour force and focus on promoting access of persons with disabilities to employment in the open labour market (OHCHR, 2012).
The Convention on the Rights of Persons with Disabilities has helped to refocus the core agenda of actions to be taken to combat discrimination and to positively promote the inclusion of persons with disabilities in the world of work. It has added new impetus to ILO’s work to promote equal employment opportunities for people with disabilities and equal treatment for disabled women and men in line with Convention No. 159 and the Code of Practice on Managing Disability in the Workplace. The review of policies and measures in place in countries around the world in Chapters 2 and 3 above has identified progress made, and at the same time, highlighted gaps that need to be addressed if the vision of international standards is to be translated into practice and job-seekers and workers with disabilities are to be enabled to avail themselves of their right to work on an equal basis with others. The issues to be tackled as part of an agenda for action, identified here, build on the examples of good practice and lessons learned, and also reflect the concerns expressed by the Committee on the Rights of Persons with Disabilities in their remarks on the reports of States Parties to the CRPD.
A range of different measures are required to tackle the ‘supply’ and ‘demand’ factors and these should be set in the framework of enabling legislation and national disability strategies, developed in consultation with key stakeholders, informed by comprehensive data on the employment situation of persons with disabilities. On the ‘supply’ side, job-seekers with disabilities and workers who acquire a disability during their working lives need to have access to education, training and life-long learning opportunities, to equip them with the skills required in the labour market. Job-seekers with disabilities need to have access to the support they require to be able to travel to and from work, and perform on the job. On the ‘demand’ side campaigns to raise awareness of employers of the business benefits of employing persons with disabilities, along with financial incentives and technical advisory services are some of the measures that can make a difference in opening the door to work and employment opportunities in the open labour market. Job placement services should be in place to support job-seekers with disabilities in finding jobs suited to their aptitudes, interests and abilities, and to assist employers in findings suitable candidates with disabilities for their job vacancies. And bearing in mind that in many developing countries, formal employment opportunities are limited and self-employment opportunities predominate, measures are needed to promote entrepreneurship and enterprise development among people with disabilities.
In developing the agenda for action, consultation is central. Representative organizations of persons with disabilities should be involved at every stage of the process of developing, implementing, monitoring and evaluating disability-related laws, policies and national strategies. When it comes to work and employment, it is crucial to consult with employers’ and workers’ organizations and foster their active involvement.
4.2 Promoting inclusion through laws on equality and non-discrimination
States Parties to the Convention on the Rights of Persons with Disabilities are required to adopt appropriate legislative, administrative and other measures for the implementation of the rights recognized in the CRPD, and to modify or abolish measures that constitute discrimination. Many countries already have anti-discrimination legislation to protect the rights of persons with disabilities in relation to employment. The enforcement of such legislation and its effectiveness in some cases in improving the employment situation for disabled people has been questioned. In meeting their responsibility in this matter under the CRPD, States Parties may need to critically review and evaluate existing legislation and to modify it as appropriate.
The Committee on the Rights of Persons with Disabilities has noted that some countries do not yet have legal provisions concerning discrimination on the basis of disability, even if anti-discrimination legislation is in place prohibiting discrimination on other grounds. It notes that many countries do not include specific provisions on reasonable accommodation and do not define its denial as a form of discrimination as required by the CRPD. In some countries, the Committee has called for anti-discrimination laws to be strengthened to address multiple or intersectional discrimination on the basis of disability combined with other grounds such as gender, ethnicity or indigenous origin, emphasising in particular the need for measures to promote opportunities for women with disabilities. It has also found that the laws in some countries focus on a social welfare approach to disability issues rather than the human rights model of disability laid out in the CRPD.
Action is therefore needed to address these gaps. Legislation prohibiting discrimination on the ground of disability in training and employment and more broadly, should be introduced where this is not yet in place. Laws should require that reasonable accommodation be provided, to enable persons with disabilities to participate fully in the workplace and society, and its denial be defined as discrimination and thus illegal. Definitions of persons with disabilities in the laws should be based on the human rights approach to disability, rather than a medical approach. Laws should deal with discrimination on multiple grounds and reflect the additional disadvantages faced by persons with certain types of disabilities, by women with disabilities and those from ethnic and indigenous groups. Steps should be taken to enforce existing legislation more effectively.
4.2.1 Information on reasonable accommodation
Reasonable accommodation is a new concept in the laws of many countries and is unfamiliar to many and frequently misinterpreted. Governments need to disseminate information about the concept and its imp lications to training providers and employers in the public and private sectors, so that job-seekers and workers with disabilities can benefit.4.2.2 Affirmative action measures
Laws should provide for affirmative action measures to support persons with disabilities who are particularly disadvantaged. Women with disabilities, people with certain types of disabilities (in particular intellectual disabilities and psycho-social disabilities), disabled people from ethnic minorities and indigenous people with disabilities are among those who require particular support to enable them to enjoy their right to work and employment.
4.3 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 Disabilities (see Flynn, 2011). 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 workplacesand 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.
4.3.1 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, 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 programmes (Mudrick, 1988).
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.
4.4 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.
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 questions on person with disabilities, drawing on the internationally recognized Washington Group questions (see section 3.11.2 supra). 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.
4.5 Support to job-seekers and workers with disabilities
4.5.1 Building employability
The principal objective of providing technical and vocational training to persons with disabilities is to enhance their employability with a view to securing decent jobs. At present, people with disabilities from birth or an early age may take a separate path through education and training to their non-disabled peers, attending segregated schools and training centres where the programmes may not be nationally recognized or certified. The skills they acquire may not reflect labour market requirements, and the lack of comparable educational and skills qualifications, or any qualifications at all, puts them at a further disadvantage when it comes to competing for jobs. Many may not receive any formal education andtraining at all.
The Convention on the Rights of Persons with Disabilities requires that States ensure that persons with disabilities receive the support they require within the general education system, to facilitate their effective education, and that reasonable accommodation of individual requirements is provided. Access to general vocational training, adult education and lifelong learning programmes should be ensured in the same way. The ILO Human Resources Recommendation, 2004 (No. 195) gives guidance on the development 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, recognizing the important contribution that can be made by social partners, in particular employers, and of community groups.
The right of people with disabilities to access the general technical vocationaleducation and training (TVET) system on an equal basis with others should be reflected in national law, and the enjoyment of this right should be promoted through the national TVET policy as well as through the national disability strategy. The implications for instructor training, the training curricula, equipment and materials, the accessibility of buildings, information and transport need to be considered and provided for, and adequate resources should be allocated.
4.5.2 Allowances and personal assistance
People with disabilities may incur additional daily living costs while in employment and this may influence their decision whether to seek or stay in employment. Higher everyday living costs may arise from the need to purchase appliances, clothing, footwear and personal assistance services. For example, people using wheelchairs may need to purchase lighter, more expensive wheelchairs than available through public services for greater mobility in getting to and around the workplace; people with limited mobility may have to travel by taxi rather than cheaper public transport, which is frequently inaccessible; and people with visual impairment may require a personal assistant to accompany them to and from their place of work. In countries where disability benefit systems are in place, the higher daily living costs also include the ‘opportunity cost’ to the individual with a disability in accepting a job, as – in terms of the disability benefits, health benefits and benefits in kind foregone. In such countries, individuals with disabilities would need to earn a higher minimum wage than non-disabled people in order to make it economically worthwhile to enter employment, and to receive an allowance to cover the additional costs associated with travel to and from, and performance of the job. A ‘cost of disability’ allowance could be introduced to compensate for the additional direct and opportunity costs. Schemes are already in place in some countries to enable individuals with disabilities to employ personal assistants.
4.5.3 Providing support in finding employment – role of employment services
Identifying and providing information on job vacancies, assessing the aptitudes and interests of the job seeker, providing career guidance and referring the job-seeker for further training, if required, matching people to available jobs areimportant tasks undertaken at times by public or private employment services, at other times by non-governmental organizations. Job-seekers with disabilities benefit from such employment services which enable them to navigate labour market opportunities independentl or with varying levelsof support.
The national disability strategy, the policy on employment services and other relevant policies should take into account the key role played by such services in supporting the recruitment of persons with disabilities, the need to strengthen the capacity of such services and to provide adequate resources to enable them to function effectively. If such services are not already in place, a decision needs to be taken as to whether job-seekers with disabilities are to be catered for by the general job placement services, by services that focus specifically on job-seekers facing particular disadvantage in the labour market, including persons with disabilities, or by services specifically designed for people with disabilities. In some countries, a combination of different approaches is found. A range of options should ideally be provided to job-seekers, from the ‘one-stop shop’ self-service approach taken in some countries, to a direct service approach provided alongside or in place of this in others (Murray and Heron, 2003).
4.6 Encouraging employers to recruit and retain persons with disabilities
4.6.1 Building employer awareness
Mistaken assumptions about the capacity of disabled persons to participate in the labour force and associated prejudices and stereotypes contribute to the difficulties faced by disabled women and men in finding decent and productive jobs. These assumptions, prejudices and stereotypes are widespread, even though workers with disabilities have demonstrated their capacity to work effectively and to perform well on the job, and many employers actively seek to recruit people with disabilities as they recognize the contribution they make.
States that have ratified the Convention on the Rights of Persons with Disabilities are required to adopt immediate, effective and appropriate measures to raise awareness throughout society (Art. 8). It is important to foster awareness of the business case for employing persons with disabilities which includes the benefits of increased productivity, low staff turnover rates and good team morale. This in turn can encourage more employers to recruit job-seekers with disabilities, retain those who acquire a disability, and provide other opportunities such as work experience, apprenticeships and on-the-job training possibilities. Involving employers’ organizations in awareness-raising and advocacy campaigns can add value.
4.6.2 Supports through employment services
Complementing the service provided to job-seekers with disabilities, job placement services also play an important role in supporting employers, providing information and technical advice, matching candidates to available jobs, providing information on reasonable accommodation, and other legal requirements, as well as on financial incentives and other support schemes. This aspect of their role should be strengthened and adequately resourced through national policies and strategies.
4.6.3 Financial incentives and grants
Many countries provide financial incentives to employers in the form of a grant, wage subsidies or tax incentive to cover any extra costs associated with employing a disabled worker, including allowing for reasonable accommodation provisions.
4.7 Promoting entrepreneurship and enterprise
development cooperation Given that a large proportion of new jobs in developing countries are located in self-employment, the promotion of enterprise and entrepreneurship development schemes open to people with disabilities should be prioritized in these countries. National disability strategies should contain measures to strengthen the access of potential entrepreneurs with disabilities to these programmes, and to business development services in such countries, as well as to financial services including micro-finance schemes, credit schemes and the general banking sector.
4.8 Fostering inclusive labour markets through international development cooperation
An estimated 80 per cent of all disabled people in the world live in developing countries. The majority has either limited or no access to the services they need. In a climate of economic and political uncertainty, the protection of the most marginalized members of society assumes greater importance. A particular responsibility rests on governments to counter or alleviate the outcomes of market and other forces. A concerted effort is needed to increase the range and level of international support and assistance to enable developing countries to improve vocational rehabilitation, work and employment opportunities for women and men with disabilities. Bilateral and multilateral development cooperation programmes should integrate disability measures into their overall approach.
International development efforts are required, in addition to national initiatives, to empower those at the margins of the labour market and of society to reduce their economic insecurity, improve their living standards and by implication, those of their families and communities. This can be done by addressing the physical, social, economic and cultural barriers that prevent people with disabilities from accessing decent work and from contributing to the development of their economies and societies. These include lack of access to education, lack of skills required in the labour market, lack of access to employment and lack of social protection, as well as inaccessible built environments, information and public transport and lack of affirmative action and reasonable accommodation provisions in laws and policies. Many development projects, for example, involve the construction of schools and vocational training centres, the establishment of public transport systems, the setting up of new factories, workshops and offices. If the particular needs of persons with disabilities are not planned for in those developments, the result will reinforce their segregation and exclusion and deny them the opportunities to which they are entitled. Experience elsewhere shows clearly that attempting to make existing buildings accessible to people with different disabilities is both difficult and costly. Attention should therefore be paid to accessibility requirements from the early planning stage of such construction.
While the Millennium Declaration and the Millennium Development Goals did not explicitly mention persons with disabilities, the 2030 Agenda for Sustainable Development, unanimously adopted by the UN General Assembly in September 2015, does so. People with disabilities were among those consulted in the process of developing the Agenda and their needs are reflected in the Sustainable Development Goals, with particular emphasis on those regarding inclusive and equitable quality education and lifelong learning opportunities (Goal 4); sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all (Goal 8); reduction of inequality within and among countries (Goal 10); and Making cities and human settlements inclusive, safe, resilient and sustainable (Goal 11) (UNGA A/RES/70/1, 2015).
4.9 Making more effective use of UN human rights instruments
The report of the study on Human Rights and Disability commissioned by the OHCHR (Quinn and Degener, 2002) contains a wide range of comments and recommendations designed to improve the effectiveness of the UN human rights system in the context of disability, which still apply. These comments and recommendations are addressed to governments, treaty-monitoring bodies, the OHCHR, the UN Commission on Human Rights, national human rights institutions and non-governmental organizations. They undoubtedly have implications for international agencies, not least in relation to multi-sectoral collaboration. This rich outcome of the Human Rights and Disability study should provide an invaluable agenda for the future, aiming to ensure that the vision of the Convention on the Rights of Persons with Disabilities is also promoted through other UN Conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, as well as through the UN Partnership on the Rights of Persons with Disabilities.