Work, employment, adequate standard of living and social protection

1
Work, employment, adequate standard of living and
social protection

• UN Convention articles 27 and 28 in practice

Lisa Adams
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The right 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

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Prohibit discrimination

• This includes all processes of employment
  including
• Recruitment,
• Continuance of employment,
• Career advancement,
• Healthy work conditions.

4
Equal basis with others

• The state has a duty to promote just and
  favourable employment conditions
• Equal opportunities,
• Equal remuneration
• Safe and healthy work environments (including
  protection from harassment and redress for
  grievances).

5
Labour and trade union rights

• Persons with disabilities must be able to
  exercise these rights on an equal basis with
  others

6
Access to vocational training

• States must ensure effective access to general
  technical and vocational guidance programmes
• Placement services,
• Vocational and continuing training.

7
Employment promotion

• Promotion of employment opportunities and career
  advancement for people with disabilities in the
  open labour market

8
Self-employment

• Promote opportunities for self-employment,
  entrepreneurship and cooperatives for starting
  ones own business

9
Public sector

• The public sector has a duty to employ people
  with disabilities

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Private sector

• States must take measures to promote employment
  in the private sector through measures such as
  affirmative action or incentives

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Reasonable accommodation

• Ensure provisions for reasonable accommodation
  making the workplace accessible for the individual

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Vocational training programmes

• States must promote vocational and professional
  rehabilitation,
• Job retention,
• Return-to-work programmes.

13
Protection from slavery

• States Parties shall ensure that persons with
  disabilities are not held in slavery or in
  servitude, and are protected, on an equal basis
  with others, from forced or compulsory labour

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Implementing the Convention

• Turning policy into practice

Accessibility
Active employment
Support services
Education
Career advancement job retention training
Training
Employment services
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What is needed pre-conditions

• Accessible environment
• physical and
• attitudinal
• Inclusive education
• Support services
• Personal assistance,
• Assistive devices,
• Interpreter services,
• Support for work.

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Legal framework

• Legislation
• Anti-discrimination,
• Equal opportunities,
• Positive measures,
• Reasonable accommodation,
• Vocational training,
• Supported employment provisions (not in the
  convention).

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Awareness raising

• Changing the minds of employers
• Changing the minds of people with disabilities
  from passive recipients of benefits to active
  members of the labour force
• Changing the minds of local and national
  authorities including employment bureaus

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Practices

• Individualized employment planning
• Vocational training current labour market needs
• Supported employment services
• Forming employment networks
• Employers,
• Local employment bureaus,
• DPOs,
• Unions.

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Examples from the region

• BiH self-employment
• Macedonia large private company employing
  people with disabilities
• Serbia disability anti-discrimination
• Croatia supported employment
• UNMIK Kosovo employment in the public sector

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Adequate standard of living and social protection

• The right of people with disabilities to an
  adequate standard of living for themselves and
  their families
• Adequate food,
• Clothing,
• Housing,
• Continuous improvement of living conditions.
• safeguard and promote the realization of this
  right
• without discrimination on the basis of disability

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Right to social protection

• States shall ensure the enjoyment of this right
• without discrimination on the basis of
  disability,
• and shall take appropriate steps to safeguard
• and promote the realization of this right

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Services

• Ensure access by persons with disabilities to
  clean water services
• Ensure access to appropriate and affordable
  services, devices and other assistance for
  disability-related needs

23
Access to social protection

• Ensure access, especially for women and girls
  with disabilities and older persons with
  disabilities to social protection programmes and
  poverty reduction programmes

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Access to disability related assistance

• Ensure access by persons with disabilities and
  their families living in situations of poverty to
  assistance from the State with disability-related
  expenses including
• Adequate training,
• Counselling,
• Financial assistance and,
• Respite care.

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Public housing

• Ensure access to public housing programmes

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Retirement programmes

• Ensure equal access to retirement benefits and
  programmes

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Shifting the benefit paradigm in SEE

• Income maintenance vs. income replacement
• Disability pension with return-to-work incentives
  vs. loss of benefits when returning to labour
  force
• Individualized needs assessment based on
  abilities vs. benefits founded on medical work
  incapacity assessment