CRPD/C/GC/8
52.
States parties should develop comprehensive measures to prevent and to investigate
all instances of slavery, servitude and forced or compulsory labour. Such measures should
include awareness-raising programmes, information campaigns, legislative provisions,
complaints procedures, sanctions regimes, investigation mechanisms, and redress and
reparation measures.
53.
To fulfil their obligations under article 27 (2) of the Convention, States parties should
pay attention to the right of persons with disabilities to choice, consent and freedom from
coercion. Choice must be understood in the context of the harm that conditions of work may
cause. In some cases, available working conditions may be harmful to the health and wellbeing of persons with disabilities for reasons related to their disability. These individuals
require reasonable accommodation through modifications to working conditions, and
meaningful social protection and other support to ensure that they are not forced to perform
work against their will. In other cases, persons with disabilities experience harm through
discrimination caused by segregation, lack of equal remuneration for work of equal value and
limited pathways to employment that is freely chosen, on an equal basis with others. The risk
of coercion stems from the fact that persons with disabilities often face wider social
vulnerability, lack of meaningful alternatives and relations of dependency or care that
become exploitative. This risk needs to be taken into account for the purposes of
understanding whether consent has been given. Even when consent has been given, attention
should be paid to a wider context of exploitation or coercion. Consent is not sufficient to
indicate that someone is not in a situation of slavery, servitude or trafficking.
IV. Obligations of States parties
A.
General obligations
54.
Article 4 (2) of the Convention requires that, with regard to economic, social and
cultural rights, States parties take measures to the maximum of their available resources and,
where needed, within the framework of international cooperation, with a view to achieving
progressively the full realization of those rights. The principal general obligation of States
parties is therefore to ensure the progressive realization of the right to work. Deliberate,
concrete and targeted steps towards that goal must be taken within a reasonably short time
after the Convention’s entry into force for the State party concerned.40 This obligation sits
alongside States parties’ immediate obligations, under articles 4 (1), 5 and 27, to ensure nondiscrimination with regard to the right to work.
55.
The right of all persons with disabilities to work imposes three types or levels of
obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the
obligation to fulfil contains obligations to facilitate, to provide and to promote. 41 The
obligation to respect is contained in article 4 (1) (d) of the Convention, under which the State
party is required to refrain from engaging in any act or practice that is inconsistent with the
Convention. The obligation to protect is contained in article 4 (1) (c) and (e), under which
the State party is required to take into account the protection and promotion of the human
rights of persons with disabilities in all policies and programmes and to take all appropriate
measures to eliminate discrimination on the basis of disability by third parties, including
private enterprises. The obligation to fulfil is contained in, for example, article 4 (1) (f) and
40
41
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 2.
In its general comments No. 12 (1999) (para. 15) and No. 13 (1999) (para. 46), the Committee on
Economic, Social and Cultural Rights noted that the obligation to fulfil incorporated both an
obligation to facilitate and an obligation to provide. In its general comment No. 14 (2000) (para. 33),
it then also incorporated a third obligation – the obligation to promote – into the obligation to fulfil,
based on the importance of health promotion in the work of the World Health Organization and
others. Given that the purpose of the Convention, under article 1, is to promote the full and equal
enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to
promote respect for their inherent dignity, in the present general comment the obligation to promote
has been included under the obligation to fulfil.
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