CRPD/C/GC/8
(d)
Expressly recognize the denial of reasonable accommodation as discrimination
and prohibit multiple and intersectional discrimination, and harassment;
(e)
Ensure proper transition into and out of employment for persons with
disabilities in a non-discriminatory manner, and equal and effective access to benefits and
entitlements, such as retirement or unemployment benefits, which must not be infringed upon
by exclusion from employment, thereby further exacerbating the situation of exclusion;
(f)
Promote work in inclusive, accessible, safe and healthy working environments
in the public and private sectors, including access to suitable bathroom facilities;
(g)
Ensure that persons with disabilities enjoy equal opportunities for career
advancement through regular assessment meetings with their managers and by defining the
objectives to be achieved, as 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,
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
labour unions.
65.
The Committee on Economic, Social and Cultural rights has also identified core
obligations regarding the right to just and favourable conditions of work. 55 In particular,
States parties should:
(a)
Put in place a comprehensive system to combat gender discrimination at work,
including with regard to remuneration;
(b)
Establish in legislation and in consultation with workers and employers, their
representative organizations and other relevant partners, minimum wages that are
non-discriminatory and non-derogable, fixed by taking into consideration relevant economic
factors and indexed to the cost of living so as to ensure a decent living for workers and their
families;
(c)
Define and prohibit harassment, including sexual harassment, at work through
law, ensure appropriate complaints procedures and mechanisms and establish criminal
sanctions for sexual harassment;
(d)
Introduce and enforce minimum standards in relation to rest, leisure,
reasonable limitation of working hours, paid leave and public holidays.
V. Relationship with other articles of the Convention
66.
Article 5 of the Convention, on equality and non-discrimination, requires States
parties to promote inclusive equality and eliminate discrimination – direct discrimination,
indirect discrimination, denial of reasonable accommodation, harassment and discrimination
by association – in all matters of work, employment and the employment cycle. Furthermore,
women with disabilities, gender-nonconforming persons with disabilities, older persons with
disabilities and young persons with disabilities face an intersection of barriers, related to sex,
gender, age and disability, that limit opportunities to work, adversely affect enjoyment of the
right to equal pay for work of equal value and increase the risk of violence and harassment
in the workplace.
67.
Women with disabilities (art. 6) experience multiple and intersectional discrimination
in work and employment and throughout the employment cycle, resulting in barriers to equal
participation in the workplace. Such barriers include sexual harassment, unequal pay for work
55
14
Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 65.