CRPD/C/GC/8 layers of identity, meaning that laws and policies must take the diversity of persons with disabilities into account. Human rights are recognized as being interdependent, interrelated and indivisible. III. Normative content 9. The right to work is a fundamental human right and an essential component of human dignity. In the Universal Declaration of Human Rights, the right to work is recognized in article 23. Beyond the International Covenant on Economic, Social and Cultural Rights, the right to work is covered in article 8 (1), (2) and (3) (a) of the International Covenant on Civil and Political Rights, article 5 (e) (i) and (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 11 of the Convention on the Elimination of All Forms of Discrimination against Women, article 32 of the Convention on the Rights of the Child and articles 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Similarly, the General Assembly proclaimed the right to work in the Declaration on Social Progress and Development (art. 6), in its resolution 2542 (XXIV) of 11 December 1969. 10. Several regional instruments provide for the right to work – including the European Social Charter of 1961 (part II, arts. 1–10) and the European Social Charter (Revised) of 1996 (part II, arts. 1–10), the African Charter on Human and Peoples’ Rights (art. 15) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (arts. 6–8) – and affirm the principle that respect for the right to work imposes on States parties an obligation to take measures aimed at the realization of full employment. 11. The International Labour Organization (ILO) has identified a set of fundamental conventions related to rights at work.8 The subjects covered are considered to be fundamental principles and rights at work, and include freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination in respect of employment and occupation. A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau) 12. Under article 27 (1) of the Convention, States parties recognize the right of persons with disabilities to work, on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. This concept reflects the jurisprudence of the Committee on Economic, Social and Cultural Rights, in which that Committee has made reference to the principle of equality in connection with work and employment by persons with disabilities: it has noted that the right of all persons to the opportunity to gain their living by work that they freely choose or accept is not realized where the only real opportunity open to persons with disabilities is to work in segregated facilities,9 and considers that persons with disabilities should not be segregated in sheltered workshops.10 Article 27 (1), in expressly identifying these rights of persons with disabilities, clearly indicates that segregated employment settings are inconsistent with them. 13. Despite some progress, lack of access to the open labour market and segregation continue to be the greatest challenges for persons with disabilities. Discrimination, such as denial of reasonable accommodation, inaccessible workplaces and harassment, poses further obstacles to employment in an open labour market and work environment, leading to a false 8 9 10 See https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventionsand-recommendations/lang--en/index.htm. Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 21. Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (c). 3