CRPD/C/GC/8
disabilities, programmes and financial support for the provision of personal assistance is
critical to ensuring their right to work.
75.
Respect for privacy (art. 22) is important factor in life and often involves sensitive
personal issues. Respect for the privacy of employees with disabilities requires employers to
obtain the consent of an employee with disabilities before sharing – with human resources
staff, for example – disability- or impairment-related information that is disclosed to them.
The requirement to protect confidential information extends throughout the employment
cycle and includes protection from the use of genetic information that could indicate a
potential predisposition to certain impairments.
76.
Inclusive education (art. 24) plays a vital role in ensuring that persons with disabilities
are able to exercise their right to work and employment that is freely chosen on an equal basis
with others. Quality inclusive education prepares persons with disabilities for work and
employment through the acquisition of the knowledge, skills and confidence necessary for
participation in the open labour market. 61 However, a third of out-of-school children
worldwide are children with disabilities. Many Governments officially promote inclusive
education, but, in practice, children with disabilities, especially girls with disabilities, are
either excluded or segregated in special schools, 62 which will negatively affect their
enjoyment of the right to work and employment that is freely chosen on an equal basis with
others. The transition from secondary or tertiary education to employment needs particular
attention to realize the right to work. It is important to ensure that pathways into the open
labour market are promoted for persons with disabilities, and that persons with disabilities
are not channelled into segregated settings of work. Lifelong education is a key component
to ensuring and fostering the continued career development of persons with disabilities.
77.
Employers have a fundamental responsibility to protect the health and safety of
workers (art. 25). Comprehensive habilitation and rehabilitation services and programmes
(art. 26) are vital for the employment of persons with disabilities. When persons with
disabilities are injured at work or when a person acquires a disability through work, it is
essential that rehabilitation and return-to-work measures fully respect the choice and
preferences of the person and are not used to promote employment in segregated work
settings.
78.
Persons with disabilities are entitled to social protection (art. 28) to cover the loss or
lack of earnings due to the inability to obtain or maintain freely chosen employment on an
equal basis with others. The social protection system must ensure adequate protection of
unemployed workers with disabilities on an equal basis with others. The right to social
protection extends to part-time workers with disabilities, casual workers with disabilities,
seasonal workers with disabilities and self-employed persons with disabilities, and persons
with disabilities working in the informal economy. Benefits should include the continuation
of support payments until such time that it is clear that the employment is sustained, and
cover periods of loss of earnings when employees with disabilities are requested not to report
for work during a public health or other emergency.63 Where employment ceases, support
payments should be immediately reinstated. Support payments related to essential disabilityrelated expenses should be continued throughout employment, to ensure employment on an
equal basis with others. The support provided should also cover individuals, including
primary caregivers (who are overwhelmingly female) and relatives, who support persons
with disabilities. 64 Concepts such as “inability to work” and “fitness to work” are not
components of the design of social protection systems. The diversity of personal
circumstances, needs and barriers that persons with disabilities experience in seeking,
retaining and returning to paid employment requires the design of flexible social protection
systems that are responsive to individual situations.65
61
62
63
64
65
16
Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016), para. 56.
Committee on the Elimination of Discrimination against Women, general recommendation No. 36
(2017), paras. 43–44.
Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 37.
Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 28.
CRPD/C/15/4 and CRPD/C/15/4/Corr.1, para. 102.