CRPD/C/GC/6
to achieve or accelerate de facto equality in the work environment as laid out in article 5 (4),
States parties should:
(a)
Facilitate the transition away from segregated work environments for persons
with disabilities and support their engagement in the open labour market, and in the
meantime also ensure the immediate applicability of labour rights to those settings;
(b)
Promote the right to supported employment, including to work assistance, job
coaching and vocational qualification programmes; protect the rights of workers with
disabilities; and ensure the right to freely chosen employment;
(c)
Ensure that persons with disabilities are paid no less than the minimum wage
and do not lose the benefit of disability allowances when they start work;
(d)
Expressly recognize the denial of reasonable accommodation
discrimination and prohibit multiple and intersectional discrimination, and harassment;
as
(e)
Ensure proper transition into and out of employment for persons with
disabilities in a non-discriminatory manner. States parties are obliged to ensure equal and
effective access to benefits and entitlements, such as retirement or unemployment benefits.
Such entitlements must not be infringed upon by exclusion from employment, thereby
further exacerbating the situation of exclusion;
(f)
Promote work in inclusive and accessible, safe and healthy working
environments in the public and private sectors;
(g)
Ensure that persons with disabilities enjoy equal opportunities regarding
career advancement opportunities through regular assessment meetings with their managers
and by defining the objectives to be achieved, as a part of a comprehensive strategy;
(h)
Ensure access to training, retraining and education, including vocational
training and capacity-building for employees with disabilities, and provide training on the
employment of persons with disabilities and reasonable accommodation for employers,
representative organizations of employees and employers, unions and competent authorities;
(i)
Work towards universally applicable occupational health and safety measures
for persons with disabilities, including occupational safety and health regulations that are
non-discriminatory and inclusive of persons with disabilities;
(j)
Recognize the right of persons with disabilities to have access to trade and
labor unions.
N.
Article 28 on adequate standard of living and social protection
68.
As stated in paragraph 59 of the Committee’s general comment No. 3, poverty is
both a compounding factor and the result of multiple discrimination. Failure to implement
the right of persons with disabilities to an adequate standard of living for themselves and
their families is contrary to the objectives of the Convention. This failure is particularly
worrying with regard to persons with disabilities living in extreme poverty or destitution.
To reach an adequate standard of living comparable to others, persons with disabilities
typically have additional expenses. This represents a particular disadvantage for children or
older women with disabilities who live in extreme poverty and destitution. States parties
should take effective measures to enable persons with disabilities to cover the additional
expenses linked to disability. States parties are required to take immediate steps to provide
persons with disabilities living in extreme poverty and destitution with a core minimum in
terms of adequate food, clothing and housing. 18
69.
With regard to social protection, States parties are further required to implement a
basic protection floor.
18
16
See Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature
of States parties’ obligations, para. 10.
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