CRPD/C/GC/8
identified by the individual or the employer, the employer must take the following steps, as
failure to do so would constitute denial of reasonable accommodation:
(a)
The employer works with the individual to identify potential solutions to
remove or avoid the barrier, including the individual’s preferred solution;
(b)
The employer implements the individual’s preferred solution, unless it would
impose an undue burden, in which case the employer implements another identified solution
that does not impose an undue burden, or implements the preferred solution to the extent
possible without experiencing the undue burden.
K.
Promotion of work experience in the open labour market (art. 27 (1) (j))
46.
Work experience in the open labour market may be promoted through internships,
workplace learning schemes, scholarships, bursaries and financial incentives for businesses,
such as apprenticeships and other workplace-based learning schemes. As well as being
essential to developing the skills of persons with disabilities, work experience offers an
opportunity to transform employment conditions and build connections and understanding
among employers.
47.
Persons with disabilities are at particular risk of the inappropriate use of unpaid
internships, training programmes and volunteering schemes, which negatively affects job
security and career prospects. Young persons with disabilities are particularly vulnerable in
this regard. States parties should clearly regulate and monitor the situation of persons with
disabilities under such programmes.
L.
Promotion of vocational and professional rehabilitation, job retention
and return-to-work programmes (art. 27 (1) (k))
48.
All workers may experience the need to retrain, develop new skills or change their
occupation. Job retention and return-to-work programmes for persons with disabilities are
part of wider efforts to ensure continual workforce development. States parties need to ensure
that persons with disabilities are supported to stay in work or transition to new roles after the
acquisition of a new impairment or the exacerbation of an existing impairment.37
49.
In the provision of rehabilitation, States parties should ensure that workers with
disabilities as a result of an accident or illness and, where relevant, their dependants receive
adequate compensation, including for costs of treatment, loss of earnings and other costs, in
addition to access to rehabilitation services.38
50.
Return-to-work programmes may lead to the employee concerned continuing in the
same role, transferring to a different role with the same employer or taking on a role with a
different employer. Such programmes should not be used to promote employment in
segregated work settings.
M.
Slavery, servitude and forced or compulsory labour (art. 27 (2))
51.
The prohibition of slavery, servitude and forced or compulsory labour is at the core
of international human rights law. Persons with disabilities, including children with
disabilities, are at an increased risk of experiencing situations of slavery or servitude, such as
segregated employment, abduction and forced labour. 39 Such situations extend to debt
bondage, trafficking, begging, and work in sweatshops, on farms or in segregated
employment for little or no pay.
37
38
39
10
See J.M. v. Spain (CRPD/C/23/D/37/2016) and V.F.C. v. Spain (CRPD/C/21/D/34/2015), in which
the Committee found that the State party had failed to fulfil its obligations under the Convention by
failing to ensure the authors’ continuance of employment through assignment to modified duties.
Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 29.
CRPD/C/BOL/CO/1, paras. 41–42.