CRPD/C/GC/8
79.
Collective bargaining is a tool of fundamental importance in the formulation of
employment policies.66 Trade union-related rights apply equally to workers with disabilities
as to other workers. Article 27 (1) (c), read in conjunction with article 29, serves to emphasize
the importance of the right of persons with disabilities to form their own organizations. If
these organizations are to be effective in the promotion and protection of the economic and
social interests of persons with disabilities, they should be consulted regularly by government
bodies and others in relation to all matters affecting them. It may also be necessary for these
organizations to be supported financially, so as to ensure their viability.67
80.
The collection and analysis of data (art. 31), disaggregated on the basis of disability,
in order to identify all forms of discrimination, including multiple and intersectional
discrimination, is essential to monitor the barriers to employment for persons with disabilities
on an equal basis with others. Appropriately disaggregated data also allows the identification
of those working in the informal economy and of the barriers related to self-employment and
entrepreneurship.
81.
International cooperation (art. 32) is essential in terms of promoting national efforts
to realize the right to work and advancing progress towards achieving the Sustainable
Development Goals, particularly target 8.5 thereof, on achieving full and productive
employment and decent work for all persons and equal pay for work of equal value.
International cooperation is also essential in terms of addressing inequitable access to
assistive technologies in resource-scarce settings, so that persons with disabilities are able to
participate in the labour marker on an equal basis with others.
VI. Implementation at the national level
82.
In order to ensure the right of persons with disabilities to work and employment on an
equal basis with others, and in addition to upholding the normative content and meeting the
obligations outlined above, States parties should take the following measures to ensure the
full implementation of article 27 of the Convention:
(a)
Undertake a comprehensive study to determine the impact of ableism on the
right of persons with disabilities to work and employment, on an equal basis with others,
including the right to the opportunity to gain a living by work freely chosen;
(b)
Undertake studies on barriers to access by persons with disabilities to the right
to work, identify the specific gender- and age-related challenges that persons with disabilities
face in terms of realizing this right, and highlight innovative practices and solutions that
emerge from the protection and promotion of the right of persons with disabilities to work
and employment;
(c)
Consistent with article 4 (3) of the Convention, closely consulting and actively
involving persons with disabilities, including underrepresented groups, through their
representative organizations, conduct a review of national employment legislation, policies,
programmes and practices and harmonize them with the Convention, repeal discriminatory
laws and regulations that are inconsistent with the Convention, change or abolish customs
and practices that are discriminatory against persons with disabilities, and develop a code of
practice for the employment of persons with disabilities to serve as a step-by-step guide to
prevent discrimination against persons with disabilities in the labour market and in the
workplace;
(d)
Ensure that the review extends across the public and private sectors, that it
includes the incorporation of gender, age and disability perspectives into laws, policies and
programmes and into the implementation and evaluation thereof,68 and that it extends to the
following areas: the promotion of youth employment; occupational health and safety
66
67
68
Committee on Economic, Social and Cultural rights, general comment No. 18 (2005), para. 39.
Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 26. See
also Committee on the Rights of Persons with Disabilities, general comment No. 7 (2018).
CRPD/C/DNK/CO/1, para. 19.
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