A Comparative Overview of Disability-Related Employment Laws and Policies in 193 Countries

2021 ◽  
pp. 104420732110063
Author(s):  
Jody Heymann ◽  
Elizabeth Wong ◽  
Willetta Waisath
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Legal Rights ◽  
Reasonable Accommodation ◽  
Systematic Analysis ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Global Database ◽  
Indirect Discrimination ◽  
Laws And Policies

People with disabilities experience significantly worse employment outcomes than individuals without disabilities. In a study of 91 countries, employment-to-population ratios were significantly lower for people with disabilities. Moreover, studies find clear evidence of discrimination in wages, training, and promotions. The United Nations (UN) Convention on the Rights of People with Disabilities (CRPD) commits countries to enact legislation prohibiting discrimination and guaranteeing reasonable accommodation. However, there has yet to be a global systematic analysis of the extent to which countries are upholding their CRPD commitments. We built the first global database to document employment-related legislative provisions in all countries for persons with disabilities. We report on non-discrimination protections and reasonable accommodation across all 193 UN member states. We find progress and ongoing gaps. Sixty-two percent of countries broadly prohibit disability-based employment discrimination, but far fewer prohibit indirect discrimination (33%) and harassment (30%). Just over half (52%) of countries guarantee reasonable accommodation to workers with disabilities. Similarly, just over half of countries (53%) do not prohibit pay discrimination or discrimination in promotion/demotion. In conclusion, we discuss the need to address gaps in national legislation and to enhance efforts to implement and enforce existing legal rights.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

Legislating personhood: realising the right to support in exercising legal capacity

2014 ◽  
Vol 10 (1) ◽  
pp. 81-104 ◽  
Author(s):  
Eilionoir Flynn ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Political Philosophy ◽  
United Nations ◽  
People With Disabilities ◽  
Decision Makers ◽  
Legal Capacity ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right

AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.

scholarly journals Moving from the Implicit to the Explicit: ‘Spiritual Rights’ and the United Nations Convention on the Rights of Persons with Disabilities

2015 ◽  
Vol 4 (3) ◽  
pp. 103
Author(s):  
Russell Whiting ◽  
Sándor Gurbai
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Extended Period ◽  
Christian Doctrine ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention ◽  
The United Nations

This article considers spiritual rights in relation to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It notes that unlike in other legally binding UN treaties spiritual rights is not a term covered in this convention. The purpose of the article is to explore how that exclusion happened, what it means, what lies behind it and also to suggest one way of considering how the convention might have been enriched by explicitly including spiritual rights. Firstly, the article discusses the use of the term spiritual rights. It goes on to analyse how spiritual rights are recognized in some UN treaties and not others. The article then examines the travaux préparatoires of the convention and studies how spiritual rights were excluded after an extended period of debate between delegates. The article challenges the view of some delegates that if spiritual rights is included in other conventions that should be sufficient. It uses the Christian doctrine of incarnation to explore what might be distinctive about spiritual rights for people with disabilities. Boros and Vanier’s interpretations of the doctrine are briefly considered before a fuller exploration of the “Disabled God” incarnationalism of the theologian Nancy Eiesland, who was in fact involved in the drafting of UNCRPD. The idea of the Disabled God is also shown to be meaningful outside of a Christian context with an example from Shintoism. The article concludes that whilst spiritual rights is certainly a contested term, its omission from the UNCRPD is to be lamented. 

scholarly journals „Racjonalne usprawnienie” w ramach edukacji dzieci i młodzieży z niepełnosprawnością – rozważania na kanwie konwencji o prawach osób niepełnosprawnych Część 2

2018 ◽  
pp. 15-34 ◽  
Author(s):  
Adam Mikrut
Keyword(s):  
Social Policy ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Persons With Disabilities ◽  
The Republic

The authorities of the Republic of Poland have ratified the Convention on the Rights of Persons with Disabilities and have undertaken the responsibility to implement such changes in the internal law and in social policy which aim at ensuring full and equal enjoyment of all rights and freedoms by people with disabilities and preventing their discrimination in different aspects of life. One of the ways of fulfilling this commitment is described as ‘reasonable accommodation’. The author of this article has attempted to find manifestations of such activities in the field of school legislation and its practical examples. As a result, it turned out that in the analysed area many solutions are in line with the spirit of the ‘reasonable accommodation’.

scholarly journals Should we say "functional diversity" to refer to "disability"?

2021 ◽  
pp. 109-132
Author(s):  
Macario Alemany
Keyword(s):  
United Nations ◽  
Functional Diversity ◽  
Political Correctness ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Marginalised Groups ◽  
Legislative Reforms ◽  
Correct Expression ◽  
The Way

This article addresses "political correctness" (PC) regarding the rights of people with disabilities and specifically the state of the question in Spain. First, we focus on the expression itself and clarify what is understood by PC. This implies reviewing, albeit briefly, the main conceptual and ideological framework PC is grounded in. Second, we describe the new conceptualisation of disability given by the United Nations Committee on the Rights of Persons with Disabilities, tasked with ensuring compliance with the Convention on the Rights of Persons with Disabilities. In Spain, this Convention is about to give rise to substantial legislative reforms in civil and procedural matters, leading to a turnaround in the way the matter has been traditionally treated. Thirdly, we expose a critique of the demands to turn "functional diversity" into the sole politically correct expression to refer to the condition of people with disabilities. To finish, I come back to the question of PC and present my position on the effects of this doctrine on the prevention of discrimination against marginalised groups.

Inklusion und Exklusion von Menschen mit Behinderung. Anwendungsoptionen der Theorie sozialer Schließung

2019 ◽  
Vol 68 (12) ◽  
pp. 927-945
Author(s):  
Stefan Zapfel ◽  
Bartholomäus Zielinski
Keyword(s):  
United Nations ◽  
Social Life ◽  
People With Disabilities ◽  
State Intervention ◽  
Disabled Persons ◽  
Anglo Saxon ◽  
Persons With Disabilities ◽  
Social Closure ◽  
People With Disability ◽  
Menschen Mit Behinderung

Zusammenfassung Zentrales Ziel der von der Bundesrepublik ratifizierten UN-Behindertenrechtskonvention ist die Herstellung und Gewährleistung von Inklusion und Teilhabe behinderter Menschen. Dennoch lassen sich nach wie vor vielfältige Exklusionen beobachten, die behinderten Menschen die gesellschaftliche Teilhabe erschweren. Dieser Artikel zieht die Theorie sozialer Schließung heran, um der Untersuchung der Inklusionschancen behinderter Menschen ein weiteres Element hinzuzufügen. Dabei wird zunächst die Webersche Ursprungskonzeption dargestellt, danach werden Theorieerweiterungen aus dem angelsächsischen Raum ergänzt, bevor wir auf Genese und Variabilität von Exklusionen eingehen. Behandelt werden daraufhin staatliche Interventions- und Stabilisierungsmöglichkeiten sozialer Ausschlüsse sowie Anwendungsoptionen und -grenzen der Theorie für die Teilhabe behinderter Menschen. Abstract: Inclusion and Exclusion of People with Disability. Application Options in Terms of the Theory of Social Closure One aim of the Convention of the United Nations on the Rights of Persons with Disabilities is guaranteeing inclusion of people with disabilities. Nevertheless exclusion still impedes participation of persons with disabilities in social life. This article deals with the theory of social closure to enrich research of inclusion of disabled persons. Therefore, we discuss the Weberian conception and Anglo-Saxon amplifications of the theory. After that, we focus on the emergence and variability of exclusion, options of state intervention, and application options and limits of the theory concerning inclusion of persons with disabilities.

scholarly journals Sytuacja niepełnosprawnych sensorycznie w obszarze edukacji i aktywności zawodowej w opinii przedstawicieli środowiska osób niesłyszących i niewidzących

2018 ◽  
pp. 13-28
Author(s):  
Marzenna Zaorska
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Point Of View ◽  
Blind People ◽  
Universal Education ◽  
Persons With Disabilities ◽  
Common Cause ◽  
Practical Point ◽  
The Government ◽  
Work And Employment

The Convention on the Rights of Persons with Disabilities, adopted by the United Nations on December 13, 2006, signed by the Government of Poland on March 20, 2007, and ratified on September 6, 2012, obliges to respect all the provisions contained in this document, including those concerning access to universal education, the labour market and employment. However, from a practical point of view, there are many barriers and problems experienced by different environments of people with disabilities in the enforcement of their rights. Hence, the article includes the opinions of representatives of the deaf and blind people on current restrictions and discrimination, as well as proposals addressed to the education and work and employment spheres of those participating in the debates organized under the project „Convention on the Rights of Persons with Disabilities – a common cause”, the main contractor of which is the Polish Forum of People with Disabilities.

scholarly journals INCLUSÃO DA PESSOA COM DEFICIÊNCIA NA SOCIEDADE DA INFORMAÇÃO: CONSIDERAÇÕES SOBRE A CIDADANIA ATIVA E PASSIVA NO PROCESSO ELEITORAL - DOI: http://dx.doi.org/10.5216/rfd%20ufg.v40i2.42886

2017 ◽  
Vol 40 (2) ◽  
pp. 152
Author(s):  
Flavia Piva Almeida Leite ◽  
Adalberto Simão Filho ◽  
José Marcelo Menezes Vigliar
Keyword(s):  
United Nations ◽  
Information Society ◽  
Public Policies ◽  
People With Disabilities ◽  
Point Of View ◽  
The Internet ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
Right To Vote ◽  
The Right

Resumo: A pesquisa parte da visão legislativa posterior à adesão do país a Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo, promulgados pela Organização das Nações Unidas, que contribuíram para a edição da Lei nº 13.146, de 02 de julho de 2015 que Institui a Lei Brasileira de Inclusão da Pessoa com Deficiência (Estatuto da Pessoa com Deficiência). O ambiente de sociedade da informação é avaliado do ponto de vista das políticas públicas estabelecidas no Marco Civil de internet pela Lei 12.965/14. O desafio do direito de votar e de ser votado por parte da pessoa com deficiência, também é abordado juntamente com a ideia de acessibilidade digital e de cidadania. Abstract: The research part of the subsequent legislative vision to the country's accession to the Convention on the Rights of Persons with Disabilities and its Optional Protocol, promulgated by the United Nations, which contributed to the enactment of Law No. 13,146, of July 2, 2015 that establishes Brazilian Law of Inclusion of People with Disabilities (Status of Persons with Disabilities ). The information society environment is evaluated from the point of view of public policies established in the Internet Civil Marco by Law 12,965 / 14. The challenge of the right to vote and to be voted by the person with disabilities is also discussed along with the idea of digital accessibility and citizenship.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and its Implications for the Equality Rights of Canadians with Disabilities: The Case for Education

2011 ◽  
Vol 29 ◽  
pp. 73 ◽  
Author(s):  
Ravi Malhotra ◽  
Robin F. Hansen
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Equality Rights ◽  
Road Map ◽  
Personnes Handicapées ◽  
History Of ◽  
United Nations Convention ◽  
The United Nations

In this paper, we examine the history of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities and its implications for the equality rights of people with disabilities in education. We specifically consider leading recent cases in the area such as Eaton, Auton, Wynberg and Moore in order to provide a road map to advocates of people with disabilities as to potential strategies that will empower people with disabilities. While disability rights advocates lost all four cases, we suggest ways in which Article 24 might shift the balance in favour of disability rights advocates.Dans cet article, les auteurs tracent l’historique de l’article 24 de la Convention des Nations Unies sur les droits des personnes handicapées et examinent ses conséquences sur les droits à l’égalité des personnes handicapées au regard de l’enseignement. Ils examinent tout particulièrement certaines décisions récentes faisant autorité dans le domaine comme Eaton, Auton, Wynberg et Moore pour attirer l’attention des défenseurs des droits des handicapés sur les stratégies susceptibles de renforcer les positions des handicapés. Bien que le tribunal n’ait pas retenu les arguments des défenseurs des droits des handicapés dans aucune de ces quatre causes, les auteurs proposent des façons dont l’article 24 pourrait faire pencher la balance en faveur des défenseurs des droits des handicapés.

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