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employment in the labour market. 21/ For this to happen it is particularly
important that artificial barriers to integration in general, and to
employment in particular, be removed. As the International Labour
Organisation has noted, it is very often the physical barriers that society
has erected in areas such as transport, housing and the workplace which are
then cited as the reason why persons with disabilities cannot be
employed. 22/ For example, as long as workplaces are designed and built in
ways that make them inaccessible to wheelchairs, employers will be able to
"justify" their failure to employ wheelchair users. Governments should also
develop policies which promote and regulate flexible and alternative work
arrangements that reasonably accommodate the needs of disabled workers.
23.
Similarly, the failure of Governments to ensure that modes of
transportation are accessible to persons with disabilities greatly reduces the
chances of such persons finding suitable, integrated jobs, taking advantage of
educational and vocational training, or commuting to facilities of all types.
Indeed, the provision of access to appropriate and, where necessary, specially
tailored forms of transportation is crucial to the realization by persons with
disabilities of virtually all the rights recognized in the Covenant.
24.
The "technical and vocational guidance and training programmes" required
under article 6 (2) of the Covenant should reflect the needs of all persons
with disabilities, take place in integrated settings, and be planned and
implemented with the full involvement of representatives of persons with
disabilities.
25.
The right to "the enjoyment of just and favourable conditions of work"
(art. 7) applies to all disabled workers, whether they work in sheltered
facilities or in the open labour market. Disabled workers may not be
discriminated against with respect to wages or other conditions if their work
is equal to that of non-disabled workers. States parties have a
responsibility to ensure that disability is not used as an excuse for creating
low standards of labour protection or for paying below minimum wages.
26.
Trade union-related rights (art. 8) apply equally to workers with
disabilities and regardless of whether they work in special work facilities or
in the open labour market. In addition, article 8, read in conjunction with
other rights such as the right to freedom of association, 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" (art. 8 (1) (a)) of
such persons, they should be consulted regularly by government bodies and
others in relation to all matters affecting them; it may also be necessary
that they be supported financially and otherwise so as to ensure their
viability.
27.
The International Labour Organisation has developed valuable and
comprehensive instruments with respect to the work-related rights of persons
with disabilities, including in particular Convention No. 159 (1983)
concerning vocational rehabilitation and employment of persons with
disabilities. 23/ The Committee encourages States parties to the Covenant
to consider ratifying that Convention.