In the article 27 of the Convection of the Rights of Disabled People there is a particular reference to issues regarding work and employment. In this, States Parties recognize the right of persons with disabilities to work on an equal...
moreIn the article 27 of the Convection of the Rights of Disabled People there is a particular reference to issues regarding work and employment. In this, States Parties recognize the right of persons with disabilities to work on an equal basis with others. This includes 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. Furthermore, States Parties commit themselves to safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to:
1. The prohibition of discrimination in relation to disability will be
recognized in all forms of employment and job search.
2. The protection of the rights of people with disabilities in relation to
equal opportunities and working conditions, such as protection
against disturbance.
3. Ensuring a common base of exercise labour and trade union rights
for people with disabilities.
4. Enabling people with disabilities in their access to and
participation in education training and vocational education.
5. The promotion of employment opportunities and job prospects for
people with disabilities and their support in finding and keeping a
job.
6. Promoting partnerships for entrepreneurship, as well as self-
employment and entrepreneurship more widely.
7. Creating jobs in the public sector.
8. Support the employment of people with disabilities in the private
sector and the provision of appropriate adjustments.
9. Obtaining work experience of persons with disabilities.
10. Securing and maintaining employment, as well as the return to
work for people with disabilities.
It is also stated that the States Parties should protect people with
disability from poor working conditions, forced work, slavery and
servitude.
However, the reality disabled persons face leaves a lot to be desired. In
disability theory, and specifically in Barnes C. (2003), it is supported that
industrialization, urbanisation, and ideologies such as liberal utilitarianism,
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Social Darwinism, and Eugenics, provided a ‘scientific’ proof to myths and prejudices for disabled people.
Work is associated with wage labour and paid employment and it becomes tailored to the needs of those who are considered to be 'capable' of this type of activity. Consequently, people who did not fit in those standards were thought to be incapable to work, excluded from the workplace and labelled as “disabled”. This misconception remains up to date, leading to reduced employment opportunities for disabled people.
The Employment Analysis and Policy Division and the Social Policy Division of the Organisation for Economic Co-operation and Development (OECD) launched a report on 2010 called “Sickness, Disability and Work”, following the one of 2003 “Transforming Disability into Ability”.
In this report it is clearly stated that people with disability face more
disadvantages in labour market than people without disabilities. The
employment rate at 44%, was over half that for persons without disability
(75%). The inactivity rate of persons with disability was about 2.5 times
higher than the rate among persons without disability (49% and 20%,
respectively).
Furthermore, it is mentioned that many changes have been done
regarding disability policies in many countries during the last decade,
however those have not kept pace with changes in policy development
and further actions should be made.
It is also acknowledged that the inclusion of disabled people in the OECD
countries was difficult even before the onset of the global economic crisis, when economic growth was rather strong in many OECD countries and employment rose quite significantly.
All the above lead to the conclusion that discrimination against disabled
people has very strong roots in western society and disabled people face
barriers in various aspects of everyday living and social participation.
Disability studies and social model of disability theorists support that the
exclusion disabled people face should be addressed in a broader context
of barriers.
Barriers to employment are closely related to barriers to transportation,
built environment, citizenship, education and culture, and not only to the
way the labour market is organized.
According to the World Health Organization report on Disability
(WHO,2011) people with disabilities face various barriers to their
participation in all aspects of life, which include:
- Inadequate policies and standards. Existing policies, standards and
policy design do not always take into account the needs of people with
disabilities.
- Negative attitudes. Beliefs, prejudices, misconceptions create barriers to participation in education, employment, health care etc. For example,
there are misconceptions that people with disabilities are less productive
than their non-disabled counterparts.
- Lack of provision of services.
- Problems with service delivery. World Health Survey data from 51
countries showed that people with disabilities were more than twice as
likely to report inadequate skills of health care provider skills, four times
more likely to be treated badly and nearly three times more likely to be
denied needed health care.
- Inadequate funding of disability policies and plans.
- Lack of accessibility in built environments, in transport systems and
information communication technology.
- Lack of consultation and involvement of people with disabilities in
decision-making matters that affect their lives.
- Lack of data and evidence, which prevent the understanding of the
number of people with disabilities and their circumstances that can help in removing disabling barriers.
There are also barriers imposed by the potential employers themselves. In a study conducted by Kaye, Jans and Jones (Kaye, Jans and Jones, 2011),
432 potential employers took place, listing potential reasons as to why
employers may not hire persons with disability, and potential reasons as
to why employers may not retain employees with disability.
For the first question, the top three reasons refer to the cost of
accommodations, lack of awareness as to how to deal with workers with
disabilities, and fear of being stuck with a worker who cannot be
disciplined or fired due to legislation obligations.
The next tier of reasons are difficulty assessing an applicant’s ability to
perform job tasks, concerns over extra supervisory time, other cost
worries, concern that the person with the disability won’t perform as well
as non-disabled workers, and lack of job applicants with disabilities.
More than half of respondents agreed that employers didn’t hire workers
with disabilities because they feel that workers with disabilities cannot
perform essential job functions, and that employers discriminate against
applicants with disabilities.
Proposed reasons for not retaining workers with disabilities include lack of awareness as to how to handle the worker’s needs; concern that workers acquiring disabilities will become liabilities, whether legal or financial; and concern over the cost of accommodations. Next follow concerns over job performance, other costs, difficulty assessing whether the worker can do the job, and belief that the person cannot do the job. Only one additional reason, a belief that workers developing disabilities become less dependable (as opposed to less dedicated), was endorsed by more than half of the respondents.
Contradicting with the above, in the WHO report on Disability there is also a reference to the advantages of the employment of people with
disabilities in regard to labour market.
These are documented as:
1. Maximizing human resources.
2. Promoting human dignity and social cohesion.
3. Accommodating the increasing numbers of people with
disabilities in the working age population.
So, employment of disabled persons increases individual well-being and
has personal and social advantages. Adding to the above, it should also
be mentioned that life expectancy has increased over the years, leading to an increase in the prevalence of disability and the rise of chronic
conditions. This shows that there are much better health conditions and
medical rehabilitation over the years and it is estimated that the number
of people over the age of 60 is predicted to rise over the next few
decades.
Following to this, there is an increased need for working population, as the social security systems will continue to need extra funding. People with disabilities are a large part of work population which is unexploited.
So the engagement of this population can contribute to the national
output.
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In this deliverable the barriers that disabled persons face in employment
are recognised, including prejudices and stereotypes, barriers to
education, accessibility barriers as well as inadequate policies and
practices.