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. 11

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