CRPD/C/GC/8
of equal value, lack of career options, less prestigious career paths than other persons to be
able to obtain employment, lack of access to redress because of discriminatory attitudes that
result in dismissal of their claims, and physical, information and communications barriers.56
Women with disabilities are at risk of exploitation in the informal economy and in unpaid
work, which in turn exacerbates inequalities in areas such as remuneration, health and safety,
rest, leisure and paid leave, including maternity leave.
68.
The number of children with disabilities (art. 7) globally is estimated at almost 240
million. Millions of children, with and without disabilities, are working as domestic workers
or in non-hazardous occupations with their families without adequate rest or education,
throughout most of their childhood.57 Children and youth with disabilities are at greater risk
of exposure to hazardous child labour than other children and youth.
69.
Awareness-raising (art. 8) campaigns targeting the public and private sectors
regarding persons with disabilities and their rights are required to combat stereotypes,
prejudices and harmful practices relating to persons with disabilities in all areas of life. Such
campaigns should include awareness-raising to combat stereotypes based on assumptions
that some persons with disabilities – such as autistic persons, deaf persons, blind persons,
persons with psychosocial disabilities and others – are unlikely to interact with their work
colleagues or to be distracted in the workplace and hence have greater productivity than their
co-workers. Values systems such as ableism, that underpin legislation, policies and practices
leading to inequality and discrimination, need to be identified and eliminated.
70.
Persons with disabilities cannot effectively enjoy their right to work and employment
on an equal basis with others in the absence of accessibility (art. 9) and personal mobility (art.
20) throughout the employment cycle, whether in the workplace, in trade union activities or
through accessible transport and support services to get to their workplace. All information
related to work and employment must be accessible through sign language, Braille, Easy
Read, accessible electronic formats, alternative script and augmentative and alternative
modes, means and formats of communication.58
71.
Persons with disabilities have the right to recognition everywhere as persons before
the law (art. 12), and they enjoy legal capacity on an equal basis with others in all aspects of
life, including the exercise of legal capacity throughout the employment cycle, especially on
entry into an employment relationship (for example, through a formal contract), and for
access to finance, credit and insurance. The provision of support in the exercise of legal
capacity may include supported decision-making.59
72.
Persons with disabilities are entitled to access to justice (art. 13) on an equal basis
with others, regarding all areas of employment law, including with regard to industrial
relations and injury compensation claims related to employment.
73.
Persons with disabilities have the right to choice, consent and freedom from coercion.
The risk of coercion stems from the fact that persons with disabilities experience greater
social and environmental barriers resulting in increased vulnerability, lack of meaningful
alternatives and relations of dependency or care that can become exploitative (art. 16).
Understanding whether consent has been given is crucial. As noted above, even when consent
has been given, the wider context of coercion, exploitation and meaningful alternatives must
be considered. Consent is not sufficient to indicate that a person with disabilities is not in a
situation of servitude or slavery. Children with disabilities are particularly vulnerable to
economic exploitation, including child labour, drug trafficking and begging.60 Young persons
with disabilities are also at particular risk of inappropriate use of unpaid internships, training
programmes and volunteering schemes.
74.
Free choice of work and employment on an equal basis with others is fundamental to
living independently and being included in the community (art. 19). It provides economic
independence, choice, social connections, friendships and identity. For many people with
56
57
58
59
60
Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 58.
Committee on the Rights of the Child, general comment No. 17 (2013), para. 29.
Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014), para. 41.
See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014).
Committee on the Rights of the Child, general comment No. 9 (2006), para. 75.
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