CRPD/C/GC/8
(g), under which the State is required to undertake or promote research and development of
universally designed goods and services and new assistive technologies.
56.
Retrogressive measures are not permissible in relation to any of the rights covered by
the Convention, including the right to work. If any deliberately retrogressive measures are
taken, the State party has the burden of proving that they have been introduced after the most
careful consideration of all alternatives, that they are duly justified, by reference to the totality
of the rights provided for in the Convention, in the context of the full use of the State party’s
maximum available resources, 42 and that they do not have a disproportionate impact on
persons with disabilities.
57.
The obligation to respect requires States parties to refrain from interfering directly or
indirectly with the enjoyment of the right to work by, inter alia, refraining from denying or
limiting equal access to decent work for all persons with disabilities, refraining from
exempting employers from paying the national minimum wage on the basis on disability, and
prohibiting forced or compulsory labour. States parties are bound by the obligation to respect
the right of women with disabilities and young persons with disabilities to have access to just
and favourable conditions of work, and are thus required to take measures to combat multiple
and intersectional discrimination and to achieve equal opportunity for promotion and equal
remuneration for work of equal value. Any assessment by States parties of the “value” of
work must avoid stereotypes relating to persons with disabilities, including concerning their
sex or gender, that could undervalue work predominantly performed by women with
disabilities.43 Additionally, States parties should take immediate measures to remove barriers
in laws, policies and programmes that associate disability with “inability to work”. In
particular, measures to assess or classify disability status should not be based on or lead to
limitation of the right of persons with disabilities to work.
58.
The obligation to protect requires States parties to take all appropriate measures to
eliminate discrimination on the basis of disability by private, non-State actors, such as private
business enterprises, trade unions and all members of society, to prevent interference with
the guarantees of article 27.44 In particular, States parties have an obligation to protect persons
with disabilities from the main forms of discrimination in connection to work and
employment – direct discrimination, indirect discrimination, denial of reasonable
accommodation, harassment and discrimination by association – which may occur
individually or simultaneously. Furthermore, the Committee has in its jurisprudence
recommended measures to address multiple and intersectional discrimination, including the
following: adopting legislation, policies and programmes that explicitly recognize multiple
and intersectional discrimination, 45 to ensure that complaints of such discrimination are
considered to determine both liability and remedies; establishing a framework for data
collection relevant to combating the intersectional discrimination faced by women and girls
with disabilities; 46 permitting complaints of discrimination on more than one ground,
establishing higher levels of compensation for victims and imposing higher penalties for
perpetrators; 47 strengthening anti-discrimination laws to address intersectional
discrimination; 48 examining the appropriateness of current structures used to deal with
intersectional discrimination and adopting effective and specific measures to prevent
intersectional forms of discrimination against women and girls;49 and developing frameworks
42
43
44
45
46
47
48
49
12
Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 9, and
No. 14 (2000), para. 32.
Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (a).
Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 18;
Human Rights Committee, general comments No. 18 (1989), para. 9, and No. 28 (2000), para. 31;
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 11;
Committee on the Elimination of Discrimination against Women, general recommendation No. 28
(2010), para. 9; and Committee on the Elimination of Racial Discrimination, general recommendation
No. 25 (2000), paras. 1���2.
CRPD/C/BRA/CO/1, para. 13, and CRPD/C/MUS/CO/1, paras. 10 and 12.
CRPD/C/CZE/CO/1, para. 14, and CRPD/C/DEU/CO/1, para. 16 (b).
CRPD/C/DNK/CO/1, para. 17.
CRPD/C/AUS/CO/1, para. 15.
CRPD/C/SWE/CO/1, paras. 12 and 14.