Achieving Equal Employment Opportunities for People with Disabilities through Legislation ILO Disability Program – East Asia ILO/Irish Aid Partnership 2009 – 2011 Emanuela Pozzan

Everyone has the right to decent work

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Only Decent work for all, that is work that is carried out in conditions of freedom, equity, security and human dignity, can provide the social foundations for the global economy. That is the concept of decent work

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Juan Somavia, Director General, ILO

All Int’l Labour Standards Cover Disabled Persons

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Convention 111 Discrimination in Employment and Occupation, 1958 Convention 142 - Human Resources Development, 1975 Recommendation 195 Human Resources Development, 2004

ILO Disability Specific Standards

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Recommendation 99, 1955

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Convention 159 - Vocational Rehabilitation and Employment (Disabled Persons) 1983

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Recommendation 168, 1983

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Code of Practice – Workplace, 2001 Managing Disability in the

ILO Convention No. 159 (1983)

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National vocational rehabilitation policy based on equal treatment and equal opportunity

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Input from employers, labor unions, and people with disabilities

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Equity issues

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Fosters open employment

Committee of Experts

Once a country has ratified an ILO convention, it is obliged to report regularly on measures it has taken to implement it. Every two years governments must submit reports detailing the steps they have taken in law and practice to apply any of the eight fundamental and four priority conventions they may have ratified; for all other conventions, reports must be submitted every five years. Governments are required to submit copies of their reports to employers’ and workers’ organizations. These organizations may comment on the governments’ reports; they may also send comments on the application of conventions directly to the ILO.

When examining the application of international labour standards the Committee of Experts makes two kinds of comments: observations and direct requests. Reporting of cases of discrimination through trade unions!!!!

UNRCPD: Art. 27 Work and Employment

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Right to work…on an equal basis with others…(in)…work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities States parties shall safeguard the …right to work…by taking appropriate steps including legislation to… Public and private employers are noted as central to implementation of the right to work

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States parties are additionally called upon to:

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Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;

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Promote vocational and professional rehabilitation, job retention and return-to work programmes…

Cases of discrimination

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In May 2005, Wang accused the Shenzhen Airline Company of discriminating against hepatitis bearers in their recruitment practices. The court rejected the case, holding that the case did not fall within the scope of administrative litigation as stipulated in the Administrative Procedure Law.

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A 23-year-old woman has accused a Shanghai language school of firing her due to her “unfavourable looks” in what may be China's first looks-related work discrimination case.

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Mr.Thwaites v Canadian Armed Forces. Mr. Thwaites, a master seaman of the CAF, filed a complaint against the CAF alleging that it discriminated against him by terminating his employment and restricting his duties and opportunities because of his disabilities, i.e. because he was HIV-positive. The Canadian Human Rights Commission found that Mr. Thwaites had been discriminated against because of his disability.

Case of associative discrimination

European Court of Justice has ruled that a woman with a disabled child is entitled to protection from discrimination at work on the grounds of her child’s disability. Sharon Coleman’s son was born with serious respiratory problems. She brought a claim of disability discrimination and constructive dismissal against her ex-employer on the grounds that she had been discriminated against because of her son’s disability. Amongst her claims of unfair treatment were that she was not permitted to work from home, even though other employees were allowed to do so to care for non-disabled children, and that she was placed in a pool of staff selected for redundancy after she said that she intended to make a formal request for flexible working in order to care for her son. Ms Coleman claimed that her employer’s actions had created a hostile environment which forced her to resign.

Case of discrimination

The claimant (Ms D) and the Centre for Equal Opportunities and Fight Against Racism sought to obtain a injunction from the Employment Tribunal (Tribunal du travail) of Brussels against the repetition of what it saw as a discriminatory recruitment practice of the Public Centre for Social Aid (CPAS) of Evere, as well as the posting on the premises of the court finding that such discrimination took place in that administration. Ms D is epileptic, and was not offered a vacant position after her temporary employment contract as an Ergo Therapist expired in a residence for elderly persons. This, despite the fact that she had been found fit to be employed by the occupational physician (with one reservation: the physician considered that she should not be allowed to drive a service van with passengers). She was told by the Director of the home that the refusal to recruit her was attributable to her state of health. The administration denied that this was the reason for not recruiting her and considered that the refusal was not discriminatory.

ILO TOOLS and Initiatives

ILO TOOLS and Initiatives

ILO Code of Practice on Managing Disability in the Workplace

PEPDEL: Promoting the Employability and Employment of Persons with Disabilities

•Promote Inclusive Vocational Training •Advocacy among employer’s workers’ organizations •Support DPOs and disability advocates •Review and provide advisory services on disability equality legislation •Involve academia •Work with the media

For more information

ILO Web sites http://www.ilo.org/employment/disability http://www.ilo.org/abilityasia