CRPD/C/GC/8 choice of employment in a closed workplace on the basis of disability. The ILO Employment Policy Convention, 1964 (No. 122), refers to “full, productive and freely chosen employment”, linking States parties’ obligation to create the conditions for full employment with their obligation to ensure the absence of forced labour. 14. The Committee observes that segregated employment, such as sheltered workshops, includes a variety of practices and experiences, characterized by at least some of the following elements: (a) The persons with disabilities are segregated, away from open, inclusive and accessible employment; (b) The employment is organized around certain specific activities that persons with disabilities are deemed to be able to carry out; (c) The medical and rehabilitation approaches to disability are focused on and emphasized; (d) Transition to the open labour market is not effectively promoted; (e) The persons with disabilities do not receive equal remuneration for work of equal value; (f) The persons with disabilities are not remunerated for their work on an equal basis with others; (g) The persons with disabilities do not usually have regular employment contracts and are therefore not covered by social security schemes. 15. Segregated employment for persons with disabilities, such as sheltered workshops, is not to be considered as a measure of progressive realization of the right to work, which is evidenced only in employment that is freely chosen or accepted and performed in an open and inclusive labour market. Employment ventures that are managed and led by persons with disabilities, including those that are jointly owned and democratically controlled, may not be considered segregated employment if they provide just and favourable conditions of work on an equal basis with others. B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a)) 16. Non-discrimination and equality are core obligations of article 27, extend to the actions of third parties, such as the business sector, 11 and apply throughout the employment cycle, which includes recruitment, hiring and employment, continuance of employment, training programmes and career advancement, as well as searching and applying for work and exiting work. The Committee has noted in its jurisprudence that to achieve de facto equality in terms of the Convention, States parties must ensure that there is no discrimination on the grounds of disability in connection to work and employment. 12 International human rights practice identifies a number of forms of discrimination, which can occur individually or simultaneously: direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association. 17. Direct discrimination occurs when persons with disabilities are treated unfavourably for any reason related to their impairment. An example is a public sector employer not considering a person with disabilities for a job on the assumption that the person with disabilities will be unable to do the work.13 18. Indirect discrimination refers to the application of laws, policies or practices that appear neutral but have a negative impact on persons with disabilities. It occurs when an opportunity excludes persons with disabilities because the framing of the opportunity does not take account of their situation and, as a result, they are unable to benefit from the opportunity itself. For example, if the only way to enter a public building for a job interview 11 12 13 4 Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 7. Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 67. Ibid., para. 18 (a).

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