CRPD/C/GC/8
with disabilities, and also including those who hold short- or long-term contracts, work parttime, are apprentices, are self-employed, are migrant workers or are employed in the informal
sector. Organizations of persons with disabilities should participate in the formulation,
implementation and review of the national policy to ensure that national policies do not
enable discrimination.
30.
As the Committee has noted in its jurisprudence, protection from harassment in
connection with work and employment extends throughout the employment cycle and
requires effective remedies through the enactment and enforcement of specific and
comprehensive anti-discrimination legislation.27 The legislation should be accompanied by
appropriate and effective legal remedies and sanctions in relation to discrimination in civil,
administrative and criminal proceedings. Individual remedies should be accompanied by
effective changes in the workplace to prevent future violations.
D.
Labour and trade union rights (art. 27 (1) (c))
31.
Trade union rights, freedom of association and the right to strike are crucial means of
introducing, maintaining and defending just and favourable conditions of work. Trade unions
should admit, accept and enable the full and meaningful participation of persons with
disabilities on an equal basis with others. Trade unions should play an important role in
defending the right of persons with disabilities to work, including persons with disabilities
still working in segregated employment. States parties have an obligation to respect and
protect the work of human rights defenders and other members of civil society, in particular
trade unions, who assist persons with disabilities and other marginalized groups in the
realization of their right to work.28
32.
The promotion of employment for persons with disabilities requires the effective
involvement of trade unions and other representative associations that protect and promote
the rights of workers with disabilities in the definition of priorities, decision-making,
planning, implementation and evaluation of strategies.
33.
General labour laws and codes should explicitly prohibit discrimination on the basis
of disability and should include the responsibility to ensure that trade union workers,
employers and labour market institutions are fully aware of issues of equality and nondiscrimination in the context of the work and employment of persons with disabilities.
34.
Collective bargaining arrangements should prohibit discrimination on the basis of
impairment. Where they specify working conditions, the arrangement must include a
mechanism by which employees can seek reasonable accommodation.
E.
Access to technical and vocational guidance, placement services and
training (art. 27 (1) (d))
35.
Non-discriminatory access to general technical and vocational guidance, training and
placement services, both public and private, on an equal basis with others is required for the
realization of the right of persons with disabilities to work and employment. 29 The
participation of persons with disabilities in mainstream services promotes the nonsegregation of services and access by persons with disabilities to open employment and
vocational training services.30 Such services may be appropriate for entry into work, during
the course of employment or for transitions between roles. States parties should take
measures to ensure the certification of capacities and attainments on an equal basis with
others, the explicit inclusion of persons with disabilities in legislation dealing with vocational
training, explicit references to persons with disabilities in general policies regulating
vocational training, the accessibility of premises, information and materials, the provision of
27
28
29
30
Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 22.
Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 51.
See the International Covenant on Economic, Social and Cultural Rights, art. 6, and the ILO
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).
See CRPD/C/2/3, annex.
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