
Booklet 5 - Organizing in Diversity
Table of Contents
References and additional reading
Additional examples and case studies
"As unionists, we must strive to learn, to teach and to accept the diversity that enriches the fabric of our society and to fight for equal rights for all". (1)
The labour force is increasingly diverse. Yet the norm for a "worker" is the able-bodied, masculine, heterosexual member of the dominant cultural group. Those who do not fit this norm - women, young people, older workers, people with disabilities or different abilities, gays and lesbians, ethnic minorities, indigenous people - all tend to be labelled as different and to be subject to sexist, ageist, racist, xenophobic, homophobic or other forms of overt or indirect discrimination in the workplace. As people who are different, they also challenge the labour movement's normal form of democracy and representation. Their call for equality is often seen as wanting special rights, so that they are discounted as special interest groups.
Unions, by virtue of their essential characteristics - solidarity and universality - have an extraordinary power to instill new values and change assumptions about diverse types of workers. By action and example, they can influence change in their members, employers and society at large. Their openness and acceptance of difference will challenge the oppression of silence that reinforces discrimination and prejudice in many workplaces today.
At its 17th World Congress in Durban in April 2000, the ICFTU formally adopted a resolution to "make sure action to overcome discrimination at work - including against migrants or on the basis of race, colour, national extraction, sexual orientation, disability or age - is given the highest political commitment and the financial resources to match. The ICFTU will lead by example, acting as a catalyst for change in the trade union movement, to promote solidarity in diversity, as all workers must have their place in our organizations".
In accordance with the Congress resolution, an International Workshop on 'Trade Unions Fighting Racism and Xenophobia' (Aylmer, Canada, 5-9 May 2001) drew up a Plan of Action for trade unions at national, regional and international levels to fight racism and xenophobia more effectively in communities, in the labour market, in the workplace and within trade unions:
ICFTU No to Racism and Xenophobia! Plan of Action for Trade UnionsThe basic principles of the ICFTU No to Racism and Xenophobia! Plan of Action for Trade
Unions are worth noting:
|
To promote solidarity in diversity, unions can:
| A needs-based approach entrenches the perception of a particular group as the passive
recipients of services, aid and charity - or a burden. Within this approach, the needs of a
particular group may be progressively satisfied through welfare benevolence, resource
allocation and administrative and policy planning. But they are not treated as having a right
to enforce the satisfaction of those needs. Unions should, of course, assist diverse groups of
workers to satisfy and meet their basic human needs. But within a needs-based framework,
there is little scope for the empowerment of these groups.
More recently, there has been an enormous shift in policy direction from the passive to the active. The rights-based framework recognizes the right of, for example, older workers or workers with disabilities or workers with different sexual orientation, to non-discrimination and to equality of opportunity and treatment in the provision of services and the pursuit of decent work. Such an approach creates entitlements for rights-holders. An older worker is entitled to equality of opportunity and treatment, and there is a corresponding obligation on the part of States, employers, unions to ensure that this occurs. |
Promote the capacity to name, blame and claim. At the heart of the rights-based
approach is the ability of workers to define an experience as unfair and possibly even subsequently lodging a grievance:
Naming, blaming and claiming
| Unions can encourage and teach their most vulnerable members to adopt a "name, blame and
claim" approach to violation of a basic right or discrimination. This involves three important
steps:
1. Name the discriminatory action for what it is, eg. sexism, racism or homophobia. A worker's fundamental right cannot be claimed unless it is recognized as a right, which has been wrongly violated. "Naming" is the recognition that an experience has been injurious or wrong. 2. Blame the oppressor, not the victim. Once "naming" has taken place, the next step is to go from determining responsibility to determining blame. The person suffering discrimination must not only recognize that the behaviour was wrong but also blame the oppressor and not accept the discrimination as simply "bad luck" or the "way things are". 3. Claim equal rights at the workplace and under the law. "Claiming" involves two distinct processes: the first involves the capacity of the wronged person to actually lodge a claim; while the second depends on the availability and effectiveness of legislation and machineries or frameworks within which to pursue the claim. By identifying the action, blaming the oppressor, and claiming equal rights, people become accustomed and eventually empowered to respond responsibly to discrimination in the workplace. |
Transforming unions through equality in diversity
At the national level, trade unions must:
Source: ICFTU No to Racism and Xenophobia! Plan of Action for Trade Unions. |
Over one billion young women and men live in the world today. One person in five today is aged between 15 and 24 years; this means that youth comprise almost 18 per cent of the world's population. Eighty-five per cent of young people live in developing countries, with 54 per cent in Asia and the Pacific alone. During the current decade, the size of the youth population is expected to grow by 116 million or about 11 per cent, reaching almost 1.2 billion by 2010. (2)
Some 628 million young people work, accounting for about 22 per cent of the global labour force. But youth employment problems are serious. Around 66 million young people are unemployed. This means that young people account for about 41 per cent of the world's 160 million unemployed. In countries as diverse as Colombia, Egypt, Italy and Jamaica, more than one in three young persons are without work, actively looking for work and/or available for work. Youth are two to three times more likely to be unemployed than adults. Youth are often the last hired and the first fired. This is partly because firms spend less on training young workers, and they tend not to be covered by protective legislation since they often do not meet the requisite qualifying time, thus they are cheaper to dismiss. Faced with recession, firms will usually cease recruitment before commencing redundancies. Young workers are disproportionately affected by both.
Disproportionately large numbers of young women and men are exposed to long-term unemployment or are limited to precarious or short-term work. As a result, many drop out of the labour force or fail to enter it successfully in the first place and become inactive. In developing countries, where very few can afford to be openly unemployed, the youth employment problem is more one of under-employment and low-pay and low-quality jobs in the informal sector.
Youth employment problems tend to track adult employment problems over time. Failure to find or maintain a job at an early age can have lasting effects on occupational patterns and incomes. Unemployed youth may very well have difficulty finding work throughout their entire lives as, without some solid experience at a relatively young age, their chances of employability continue to slide - thereby perpetuating a vicious cycle of poverty and social exclusion.
Young women (like their older sisters) normally experience higher unemployment rates than their male counterparts. A review of 97 economies revealed that young women are more likely to be unemployed in two-thirds of them. In many cases the differences are marginal, but in others they are indeed significant. Over a quarter of industrialized countries have female youth unemployment rates exceeding those of the males by more than 20 per cent. And of the 34 economies surveyed in the Caribbean and Latin America, more than half have female youth unemployment rates more than 50 per cent higher than male rates. Access to education and training is fundamental to enabling young women to compete with men on the basis of objective criteria for recruitment and promotion. While more and more young women are having access to schooling and are often outperforming the men, they are still not going into the types of education and vocational training relevant for labour market needs. Particularly in developing countries, young women are often unable to take advantage of training opportunities due to barriers to entry, discrimination in selection and gender stereotyping.
The importance of these issues has been acknowledged in the recent launch of a high-level policy network on youth employment [
box below]. Unions have been active in
reaching out to the young and championing youth employment concerns. In April 1999, the
ICFTU launched a campaign "The Future Starts Now - Join a Union" to inform young
people, to organize them in trade unions and to campaign for proper policies on employment
and education for young people. On May Day 2000, the Youth Campaign was relaunched,
targeting in particular young women. The campaign is seen as vital for the renewal and
ultimately the survival of the trade union movement. Union leaders are also part of the High-Level Panel of the Youth Employment Network.
"Young people will join unions when trade unions wake up, rethink their strategies and work hand-in-hand with their young members to organize young people into unions and to develop an effective response to the tremendous dilemma young people are facing now. Building solidarity between generations will be for the benefit of the young and for the benefit of the trade union movement as a whole". (3)High-Level Panel on the Youth Employment Network
| The unemployment of youth - accounting for 41 per cent of the world's unemployed - has
become a focus for UN concerted action. Following from the UN Secretary-General's
Millennium Summit Report, the Director-General of the ILO joined with the Secretary-General of the United Nations and the President of the World Bank in convening a high-level
policy network that draws on the most creative leaders in private industry, economic policy
and civil society. Unions are involved in the Network, as are youth groups. The objectives
of the Youth Employment Network are to present recommendations on innovative ways to
meet the youth employment challenge that the Secretary-General will present to the General
Assembly during its fifty-sixth session; to disseminate information on good practices; and to
promote and sponsor the creation of jobs for young people.
The High Level Panel of the Youth Employment Network which met on 16th July 2001 called for:
- employability; See: www.ilo.org/youth |
Trade unions need to:
Because young people are entering later and later into the labour market and finding jobs in sectors where trade unions are poorly represented and because trade unions in the past did not give them the space they deserve, young people often have a rather negative image of the trade union movement. Young people tend to perceive unions as too traditional, bureaucratic and hierarchical. Unions need to change their image and start to work hand-in-hand with young unionists to make the unions an attractive and an open place for the young. Instead of waiting for young people to come, unions should reach out to the young so as to better understand their concerns and needs and what they expect from unions. Unions should organize regular activities and special campaigns to inform young people and organize them. Particular attention should be given to the needs and concerns of young women.
Guidelines:
| The Australian Council of Trade Unions has developed teaching kits to inform students
about unionism.
The British Trade Union Congress issues a "trainee's rights" card with the British National Union of Students and sets up booths at recruitment fairs. |
| The Brazilian national confederation, Forca Sindical (FS) has a well structured programme carried out by its youth department. In collaboration with other national centres, FS set up "campaign teams" equipped with a working document in the form of a Brazilian youth declaration, which operates by making use of the key dates in the calender, such as the National Youth Day. FS has linked up with a major radio station and organizes meetings with students, bringing well-known singers and musicians onto university campuses. It has also focussed its campaigns on issues which it sees as a priority, eg. since the worst discrimination is suffered by young blacks under 24 years, FS efforts are directed at this group. Providing training and a meeting place for young unemployed is also part of the strategy. |
| In agreement with the European Trade Union Confederation (ETUC), the LO has been exporting part of its grassroots recruitment/organizing model to Eastern European countries. In St. Petersburg and other tourist towns, it has trained young people for summer jobs; they are sent into the hotels, restaurants and bars to contact new recruits. LO has also been making use of international trade union networks between parent and subsidiary companies. For example, if a Norwegian company fails to respect the rights of young workers in its Lithuanian subsidiary, the Norwegian LO trains the young workers in Lithuania and Norway to share information by e-mail to defend their rights. |
| In France, the Force Ouvriere is trying to reach out to young workers in precarious jobs by
adapting its services (giving legal advice without any obligation to join the union) and
lowering its membership subscription.
In India, the HMS distributed postcards with text demanding proper social safety nets, vocational training, education and jobs for young people. The signed cards were sent to members of Parliament and international financial institutions. They also highlighted the problems of young women workers by organizing training sessions specially for them. They also organized a 1000 kilometre march to encourage unionization among young people. |
Unions need to give youth the means to make their voices heard within the labour movement. The new generation in the trade union movement is often hardly seen and their voices not heard - because they are hardly represented at the decision-making level, and they do not receive sufficient support to set up youth structures and youth committees or to implement youth policies and activities. Trade unions need to change their culture and procedures to ensure the full integration of youth in the trade union movement.
Checklist:
| The Youth Committee of the ICFTU developed two Youth Action Plans which were adopted
by the ICFTU Executive Board in November 1999. The Action Plans are for:
(i) organizing and increasing the participation of young people in unions; and (ii) youth employment and education. The Youth Committee also submitted a resolution on "Youth: Starting our Future Now" which was adopted by the 17th. World Congress of the ICFTU in April 2000. |
The transition from school to work is a critical part of the life of every young person. Young people entering the labour market are hampered by their lack of experience and all too often they have inadequate education or skills, either because they left school too early or because the education and training they received was not suited to the requirements of the labour market. Often, when they do manage to find a job, it is subject to low wages, a low level of job security and an equally low level of social protection - which sets the affected youth on the path towards a vicious cycle of poverty and social exclusion. Young women are much more likely than young men to be adversely affected. Unions should, therefore work with the government, public and private sector training providers, employment/recruitment services, employers to:
Checklist:
| In Spain, the CCOO has published a free guide which it distributes in vocational training
centres. The guide sets out various techniques for finding a job, gives an overview of workers'
rights and describes the services provided by trade unions.
In Brazil, the Forca Sindical (FS) has opened the doors of its five workers' solidarity centres to young people who, once they have received training, can register to look for work. In a single month, more than 27,000 persons aged between 18 to 29 registered and more than half found work. |
"Job creation and special measures in the labour market are still the keys for young people to get proper access to employment. Trade union action is required to put job creation for young people at the centre of the political agenda during collective bargaining procedures and at the tripartite level". (4) On their own, trade unions cannot create jobs for young people; commitment and involvement of the social partners is essential. At tripartite level and in collective bargaining procedures, trade unions could urge for:
Checklist:
At the international level, trade unions should:
| Forca Sindical (FS) has achieved the introduction of tax incentives for companies hiring
young people. It also negotiated a collective agreement with a Brazilian subsidiary of the
Caterpillar Company which stipulates that the employer should take on young workers on a
part-time basis (as part of an apprenticeship scheme) at the same rate of pay as other workers.
In Lithuania, unions have waged a campaign against multinationals that were playing the employment card to drive down wages paid to young workers in a situation where jobs are limited. The youth section of the national centre, LPSS demanded that collective agreements be respected and that foreign employers be obliged to translate the terms of any contract into the national language. |
"We envisage a world where elderly women have decent pensions and are not reduced to misery and want; where they are not forced to do menial jobs in order to meet their daily needs. We see a society which does not consider older people useless and insignificant, but values them for the contribution they have made and continue to make". (5)
| Independence: Older persons should have access to food, water, shelter,
clothing, health care, work and other income-generating
opportunities, education, training and a life in safe
environments.
Participation: Older persons should remain integrated into community life and participate actively in the formulation of policies affecting their well-being. Care: Older persons should have access to social and legal services and to health care so that they can maintain an optimal level of physical, mental and emotional well-being. This should include full respect for dignity, beliefs, needs and privacy. Self-fulfilment: Older persons should have access to educational, cultural, spiritual and recreational resources and be able to develop their full potential. Dignity: Older persons should be able to live in dignity and security, be free of exploitation and physical or mental abuse and be treated fairly regardless of age, gender and racial or ethnic background. Source: Operational Framework for the International Year of Older Persons: Report of the Secretary-General, United Nations General Assembly, 1997 (A/52/328). |
Over the last half century, some 20 years have been added to the average life span. Longevity is one of the great achievements of the twentieth century. However, the ageing of the world's population is producing unprecedented challenges to citizens, policy makers and the labour movement - relating not only to the protection of the economic and social security of older persons but also to the elimination of discrimination on the grounds of age - and, importantly, the elimination of double discrimination on ageist and sexist grounds.
The number of persons aged 60 years or older is currently estimated to be about 600 million and is projected to grow to almost 2 billion by 2050, at which time the population of older persons will be larger than the population of children for the first time in human history. Although the proportion of older persons is now highest in industrialized countries, the major growth of the world's oldest population will be in developing countries.
Women account for the bulk of the over 60 years population in almost every country of the world. The feminization of later life is occurring at a much more rapid rate in the less developed regions, and will be compressed into a much shorter time frame. Within the next twenty-five years, nearly three-quarters of the world's older women will be living and working in the developing world, particularly in Asia. Poverty in old age also has a strong gender dimension; since female life expectancy is higher women tend to stay in poverty longer at the end of their life. Older women have less economic security in old age, because they have been working in the household or informal economy, have interrupted working lives, have lower-paid or part-time jobs, have weaker property rights, benefit less from pension schemes.
In the world of work, the "older worker" is, however, not defined only by chronological age. For "older women", other sociocultural factors associated with the loss of "youthful" beauty appear to also play a significant role in determining when a woman worker is considered old. There is mounting evidence that ageist and sexist stereotypes are effectively withdrawing women as young as 35 years from the labour force on the grounds that they are "too old" for work. In a growing number of countries, women as they approach their mid-thirties are more likely to be made redundant, less likely to find alternative employment, than other groups within the labour market.
Sexist and ageist discrimination means that women become increasingly vulnerable over their life cycle and many do not have basic economic security in their old age. Women face a much higher risk of a drastic drop in living standards when they retire. "Poverty among women in old age is not the result of a random or accidental process. It is in large part a result of the fact that most societies relegate women to inferior economic positions throughout their lives". (6)
As part of its commitment to supporting "a society for all ages", the trade union movement has been looking at the issues of its older members and the role of older people in society in general. The main concerns have been the establishment or maintenance of a system of social protection for such workers and the elimination of discrimination on the grounds of age. Unions are also exploring how older and retired workers can actively contribute to the labour movement. Not only can older persons' experience be a valuable resource, but their presence in the movement can also give trade unions wider public appeal. In particular, trade unions are recognizing that the position of older women is an urgent one for action. Trade unions can:
With human capital - the knowledge and know-how embodied in people - now a dominant determinant of national economic performance and enterprise productivity, discrimination against older workers involves a heavy economic price through wasting or limiting their human resource potential:
"The union movement simply cannot afford to waste a resource as precious as the combined experience, knowledge and dedication of its retired members" (7)
Unions could, therefore:
Guidelines:
| In the past, airline companies could legally require airline attendants, at that time all female, to cease in-flight work at age 35 on the grounds that they were no longer considered attractive enough to please the predominantly male customers. While this is now mainly outlawed, evidence suggests that it remains common for many women over 35 to be restricted or denied employment opportunities in "public image" positions, such as receptionists, secretaries, waitresses, television anchor women, because they are no longer considered attractive enough to please the public. |
Adopt a rights-based approach to address the issues of older
workers
There are essentially two main approaches to addressing the concerns of ageing. One is a needs-based approach, focussing on meeting the needs of the old, in particular for pensions and health care. But such an approach tends to perpetuate the stereotype of the old as unable or unwilling to participate in and contribute to their own support. It entrenches the perception that as a group, they are inactive recipients of services, aid and charity - or a burden.
In contrast, the rights-based approach recognizes the right of older persons to non-discrimination and to equality of opportunity and treatment in the provision of services and the pursuit of decent work. The rights-based framework also shifts the perspective from regarding older people, especially women, as helpless and vulnerable, to a greater emphasis on their contributions to society (largely invisible and unrewarded) and on their productive potentials.
Unions should adopt the rights-based approach and support policy reform, including international legal reform, to promote the right of older persons to non-discrimination and to equality of opportunity and treatment in the provision of services and the pursuit of decent work. (8)
Currently, there exists no legally binding universal instrument directly calling for national policies to eliminate and outlaw discrimination in access to employment, training and work conditions on the grounds of age. For example, many countries have ratified the ILO Discrimination (Employment and Occupation Convention, 1958 (No. 111) and the United Nations Convention on the Elimination of Discrimination against Women (CEDAW). But age is not listed as one of the seven grounds upon which discrimination is prohibited by these conventions. And for a woman, it has been suggested that as she grows older or is perceived to be older, her access to rights within the scope of these international instruments tends to diminish, for example because of misconceptions reinforced by a youth-obsessed media and society's lack of recognition of the significant economic contribution of older women workers.
Therefore, trade unions are urged to monitor closely and to support a proposed Optional Protocol to the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as it represents a crucial opportunity to create a comprehensive legal basis in international law to promote the rights of older workers in general and older women workers in particular.
Moving towards international legal reform
| The Committee of Experts, which in 1996 examined the issue of emerging new grounds of
discrimination in the world of work, has recommended that the ILO consider the adoption of
a Protocol to be annexed to the fundamental ILO Discrimination (Employment and
Occupation) Convention, 1958 (No.111). The Convention currently lists seven prohibited
grounds of discrimination - race, colour, sex, religion, political opinion, national extraction
and social origin.
Age has been identified as an emerging new ground to be included in the Optional Protocol. If such a Protocol would be adopted, there would be greater clarity of legal obligation to combat age discrimination, which will be as unacceptable as the other specified grounds of discrimination. It would also highlight the double discrimination that an older woman worker may face. |
In promoting the rights of older workers, especially older women workers, unions should give particular attention to:
Guidelines:
| The American Federation of Labor-Congress of Industrial Organisations (AFL-CIO)
appreciates that elder care is one of the least recognized needs of working people. In particular,
the AFL-CIO notes that nearly three-quarters of all informal caregivers are women, and that
many of these working women not only provide elder care but at the same time are also
responsible for the care of children. In response to this, the AFL-CIO has produced a Fact
Sheet on Bargaining for Elder Care, which provides strategies and examples of successfully
negotiated agreements. Strategies include:
Strategy 1: Resource and referral service: Finding high-quality, reliable, affordable care can be difficult for working people. Resource and referral services can help match employees with appropriate and available care givers, taking into consideration the special needs of each family. Employers can either contract with outside referral agencies or handle referrals in-house; Strategy 2: Elder care tax programmes and funds: Tax programmes in the United States, such as the Dependent Care Assistant Plan, allows an employee to set aside up to $5,000 of his or her earnings in a tax free account to pay for elder care or child care. The only cost to an employer is in its administration. Information on such options, or variations of such options depending on the tax programmes available, can be disseminated to employees and negotiated on their behalf; Strategy 3: Family leave: Negotiating flexible working schedules, including time off, to care for an elderly or dependent is often helpful for meeting working families' elder care needs. Accessing family leave is, however, often thwarted by the attitudes of managers who approve the leave or flexible working arrangements. Thus creating an environment conducive to the taking of family leave is as critical as negotiating the leave benefits in the first place; Strategy 4: Support services: Some unions directly provide, or work with employers to provide, information and support as a way of addressing their members' elder care needs. This strategy can help working people make decisions about elder care strategies and reduce personal stress. Such services include counselling, information and referral services, seminars, support groups, handbooks and videos and the formation of work and family committees. Source: AFL-CIO Fact Sheet: Bargaining for Elder Care www.paywatch.org/women/f_elder.htm |
"We may think of a society for all as one that adjusts its structures and functioning, as well as its policies and plans, to the needs and capabilities of all, thereby releasing the potential of all, for the benefit of all. A 'society for all ages' would ....enable the generations to invest in one another and share in the fruits of that investment, guided by the twin principles of reciprocity and equity". (10)
To support a society for all ages, trade unions must, importantly, ensure that no one group is excluded from society's benefits on the grounds of age, neither old nor young. However, unions are often confronted with the dilemma of balancing the contradictory issues of high unemployment, particularly among the young, with the needs of an ageing workforce. Unions can:
Checklist:
The active participation of older workers, in particular older women, in advancing their rights is an essential mechanism to guard against those rights becoming burdens. Providing older workers with a collective voice - through the right to organize and collective bargaining - is pivotal to facilitating meaningful participation.
While associations of retirees and retired trade unionists are relatively common in industrialized countries, it has only been in more recent years that trade unions in developing countries have been giving attention to organizing older people as a separate and special category. To organize older workers and retirees, trade unions can:
Checklist:
| In Iceland, the Federation of State and Municipal Employees (BRSB) offers continued membership to its retired members, although with reduced rights of membership. They cannot vote for agreements or strikes but they have three representatives in the congress of the BRSB. The union represents its retired members, making agreements and rules on pension funds, etc. |
| In Italy, there is a large confederation with branches all over the country and more than 5 million retirees and pensions who are members of three trade union organizations, Sindacato Pensionati Italiana-Confederazione Generale Italiana Lavoro (SPI-CGIL), Federazione Nazionale Pensionati-Confederazione Italiana Sindacati Lavoratori (FNP-CISL) and Unione Italiana Lavoratori Pensionati-Unione Italiana Lavoratori (UILP-UIL). Membership is on the basis of a formal or individual request and the contribution is a percentage of the pension. |
| Unions are reaching out to their most experienced members for organizing, legislative and
political action and community activities. Retiree involvement can be a catalyst to boosting
organizing efforts, electing pro-worker candidates, winning family-friendly legislation and
improving labour's image in the community.
The experience of different local unions of the AFL-CIO has shown that:
Source: AFL-CIO: America@work- Retired and Ready to Go. Website: http://www.aflcio.org |
Checklist:
Unions can provide a range of services or facilities to help address the economic and social needs of older workers, in particular older women workers. These services should not be a substitute for collective bargaining nor a substitute for the responsibilities of the State. Rather, the special services are a way of making unions more relevant to the lives of older workers and can be regarded as an organizing strategy. The services can include:
Guidelines:
"Making sure that workers with disabilities have the same right to dignity, autonomy and to reach their full potential must be part of trade union strategy" (11)
Some 600 million people or one tenth of the world's population today and an estimated 386 million of the world's working age population have some form of disability - physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory.
Nowadays, disability is regarded not merely as an individual condition but is defined by the relationship between disabled people and their environment. The British Trades Union Congress (TUC), for example, emphasizes the social definition of disability: "Although disabled people have mental, sensory and physical impairments, these impairments do not cause their disabilities. People with impairments face unjustifiable discrimination, and consequent exclusion from employment, education, housing and transport. This discrimination, not the impairment, is the disability". (12) The Standing Committee on Equal Opportunities has recommended to Education International Europe a change in terminology from "disabled" to "differently-abled" persons to help break down some of the attitudinal barriers towards disability.
Unemployment rates for people with disabilities are twice as high as those for non-disabled people. The duration of joblessness is around three times that of people without disabilities (13). Even those who are employed confront ignorance and discrimination not only from employers but also their own workmates.
Throughout the world, women bear the main burden, not only in dealing with their own disabilities, but as the main carers for those with disabilities. In caring for the disabled, the work burdens of women inside and outside the home increase accordingly. Women with disabilities: (14)
Women with disabilities are often serious victims of "double discrimination". Statistics speak for themselves. In the Congo, illiteracy among women with disabilities in rural areas runs at 30 per cent. In the United States, a government survey found that only 3.8 per cent of women with disabilities had college degrees, compared with 20 per cent of women without disabilities. In Latin America, women with disabilities earn less than half of their male counterparts' income. (15)
Relevant ILO Standards:
Vocational Rehabilitation (Disabled) Recommendation, 1955 (No.99);
Convention concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (No.159); and
Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (No.168)
| Article 1
1. For the purposes of this Convention, the term "disabled person" means an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment. Article 3 The said policy shall aim at ensuring that appropriate vocational rehabilitation measures are made available to all categories of disabled persons, and at promoting employment opportunities for disabled persons in the open labour market. Article 4 The said policy shall be based on the principle of equal opportunity between disabled workers and workers generally. Equality of opportunity and treatment for disabled men and women workers shall be respected. Special positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers shall not be regarded as discriminating against other workers. Article 5 The representative organizations of employers and workers shall be consulted on the implementation of the said policy, including the measures to be taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. The representative organizations of and for disabled persons shall also be consulted. |
Education International/Europe has adopted a policy on 'differently-abled' persons in the
education sector based on the following principles:
|
Trade unions have a fourfold responsibility towards workers with disabilities:
Workers with disabilities should enjoy the right to participate fully in trade union structures and functions as in any other societal institution. To promote equality for persons with disabilities within their own internal structures, unions should:
Guidelines:
| In Italy, CGIL followed up the establishment of its Department on Disability with a
permanent office for women with disabilities.
In Cote d'Ivoire, DIGNITÉ has an internal unit for persons with disabilities. In the United Kingdom, MSF has a national disability officer and publishes regular bulletins and factsheets to inform members with disabilities and raise awareness among the general membership. UNISON,UK has a National Disabled Members Committee which works with other national committees and outside organizations to further the cause of persons with disabilities. |
| In the United Kingdom, UNISON provides for a national conference of members who are disabled persons. The direct involvement of persons with disabilities is known as self-organization. The conference proposes policy and identifies campaign priorities. It links with the national committee and with the union policy-making forums. It also links with other self-organized sectors in the union, such as lesbians and gays, women workers and black workers. For example, the lesbian and gay structure has a caucus for lesbian and gay members who are also disabled persons. UNISON initiatives on behalf of people with disabilities are carried out in cooperation with disability associations and specialists, such as sign language interpreters. |
Checklist to assist unions to represent their members with disabilities
The Trade Union Congress (TUC) United Kingdom has issued a 'non-exhaustive' checklist to assist
unions to represent their members with disabilities:
Source: ICFTU. 2000. A Lame Excuse A Fight for the Rights of Workers with Disabilities. Brussels: ICFTU, pp.21-22. |
Trade unions have a crucial role to play in campaigning for the implementation of existing legislation which assists workers with disabilities and for an enhanced legal framework and public policies and initiatives that take account of the problems facing workers with disabilities and promote their full participation in the workplace and in society. Trade unions, on their own behalf or in alliance with other players in the civil society and fully consulting and involving workers with disabilities, can take action as part of "social unionism" to:
Guidelines:
The Portuguese government issued a Green Paper in April 1997 concluding that information
technologies offer major potential for helping people with disabilities to integrate with the rest
of society. This led to the setting up of the National Initiative for People with Special Needs,
designed to help people with physical or mental disabilities, elderly people or those confined
to their homes to use new ICT to improve the quality of their lives. The initiative was guided
by five principles:
Source: ICFTU. 2000. A Lame Excuse A Fight for the Rights of Workers with Disabilities. Brussels: ICFTU, p.11. |
Enabling people with disabilities to work is part of basic workers' rights and social justice. For workers with disabilities, especially women with disabilities, work is crucial for economic independence and key to social integration. To promote equality of opportunity and treatment for all persons with all types of disabilities to secure, perform and retain suitable employment and to achieve satisfactory occupational integration, trade unions should:
Guidelines:
| Rule 7. Employment
States should recognize the principle that persons with disabilities must be empowered to exercise their human rights, particularly in the field of employment. In both rural and urban areas, they must have equal opportunities for productive and gainful employment in the labour market. 1. Laws and regulations in the employment field must not discriminate against persons with disabilities and must not raise obstacles to their employment. 2. States should actively support the integration of persons with disabilities into open employment. This active support could occur through a variety of measures, such as vocational training, incentive-oriented quota schemes, reserved or designated employment, loans or grants for small business, exclusive contracts or priority production rights, tax concessions, contract compliance or other technical or financial assistance to enterprises employing workers with disabilities. States should also encourage employers to make reasonable adjustments to accommodate persons with disabilities........... 6. States, workers' organizations and employers should cooperate to ensure equitable recruitment and promotion policies, employment conditions, rates of pay, measures to improve the work environment in order to prevent injuries and impairments and measures for the rehabilitation of employees who have sustained employment-related injuries.............. 8. Measures should be taken to include persons with disabilities in training and employment programmes in the private and informal sectors. 9. States, workers' organizations and employers should cooperate with organizations of persons with disabilities concerning all measures to create training and employment opportunities, including flexible hours, part-time work, job-sharing, self-employment and attendant care for persons with disabilities. |
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7. Disabled persons should enjoy equality of opportunity and treatment in respect of access to, retention of and advancement in employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment. 8. In providing vocational rehabilitation and employment assistance to disabled persons, the principle of equality of opportunity and treatment for men and women workers should be respected. 9. Special positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers should not be regarded as discriminating against other workers. 10. Measures should be taken to promote employment opportunities for disabled persons which conform to the employment and salary standards applicable to workers generally. |
"Disability management"refers to the strategies implemented at enterprise level, which sometimes
fall within the framework of codes of good practices jointly worked out by management and labour,
which aim to:
|
Equal opportunities policy for workers with disabilities
The basic elements of a company equal opportunities policy should include:
Source: ICFTU. 2000. A Lame Excuse: A Fight for the Rights of Workers with Disabilities. Brussels: ICFTU. pp.14-15. |
| The Graphical, Paper and Media Union (UK) has a policy on Dignity at Work which
defines disability harassment as a form of disability discrimination -"it may be defined as any
hostile act or expression by a non-disabled person(s) against a disabled person". The policy
notes that "disabled people may experience staring and/or uninvited touching, exclusion from
social events, people speaking to others rather than directly to them as the disabled person.
They may also be asked intimate questions about their impairment, have assumptions made
about their lifestyles, for example, that they do not have a social, sexual or private life. They
may be the recipient of physical abuse or intimidation, questioning of their work capacity
and/or ability by making inappropriate demands or requirements, for instance overzealous
scrutiny of sickness records, assumptions or speculation about their impairment".
The policy also draws attention to the employer's responsibility not merely to adopt a general equal opportunities policy but to take specific steps to outlaw harassment and bullying, including a complaints procedure and staff training. |
"It is the year 2000 and still not one country has managed to guarantee the same rights to homosexuals as to heterosexuals. Most of the discrimination occurs in the world of work. Given that the trade union mission is to defend workers and that the rights of homosexuals are trampled on at work, it is normal that the unions should come to the assistance of this minority..........The fight by women to make their voice heard within the trade unions has had a decisive impact. It is often within the 'women's' or 'equal opportunities' departments of trade unions that the first demands from minority groups, increasingly from homosexuals, emerge." (19)
Homophobia describes any negative personal attitudes or behaviours about homosexuality. Homophobia is reinforced by heterosexism, which defines the systematic belief that everyone is heterosexual and that heterosexuality is inherently superior to homosexuality. However, heterosexuality is but one thread within the complex weave of human sexuality. Those who are attracted to members of the opposite sex are heterosexual; people who are attracted to members of the same sex are lesbians or gay men, and those who are attracted to both opposite and same-sex partners are bisexual - all are sexual orientations. Homophobia manifests itself in many ways, ranging from social intolerance and cultural exclusion, to criminalization of homosexual acts. In many countries, homosexuality is still taboo; at best it is viewed as abnormal, at worst a crime punishable by death. It is still illegal in some 86 countries, those where lesbians and gays are most oppressed.
In the workplace, lesbians and gays are harassed, discriminated against in hiring and promotions, and possibly fired without cause (Being lesbian or gay is not a justified cause). Their unmarried partners cannot get the same benefits that heterosexual partners receive as a matter of course. Homophobic attitudes may be just as prevalent among co-workers as among employers. Work colleagues, union members, can be equally mean and vicious to lesbian and gay workers. Shop stewards do not always want to take up blatant discrimination or harassment cases. Homophobic comments or jokes by fellow workers reinforce the feeling that lesbians and gays are different and do not belong.
The lives of lesbians and gay men are incomparably more difficult than those of heterosexuals. Isolation is a very common problem for lesbians and gays; often to be anonymous is to be safe from discrimination. Many do not 'come out' or acknowledge their sexual orientation publicly in the workplace, even if they forego rights for possible same-sex partners. They fear repercussions ranging from the loss of respect to the open hostility of colleagues and employers. They cannot get health benefits for their partners. They pay more taxes as they are not eligible for spousal deductions. Since they are not always considered family members, they might be refused paid leave to take care of, or even entry into hospital rooms to visit sick or dying lifetime partners. They are not entitled for survivors' benefits under pension plans. Children are taken away from lesbian mothers in custody battles by courts for whom the traditional patriarchal family structure is the norm.
Education International found from the information it collected that contempt for or
breaches of the human or labour rights of gay and lesbian teaching and non-teaching staff
and students are common. The offenders may be school, work or local authorities,
colleagues, classmates, students or parents. In a considerable number of cases,
discrimination based on sexual orientation is aggravated by other kinds of discrimination,
eg. on grounds of ethnic or national origin, socio-economic condition, handicap, which
multiply the risks of aggression and ill-treatment. The most common violations are:
Source: First Triennial Report on the Situation of Gay and Lesbian Teachers and Workers in the Field of Education. Doc.E23 presented at the Third World Congress of Educational International. |
Unions can fight homophobia in a number of ways. The first step of course is that unions themselves must be alert and sensitive to the numerous difficulties faced by women and men whose only 'offence' is to love differently. Within union ranks, lesbian and gay participation should be encouraged and promoted. Education, awareness raising and sensitization of union rank and file to confront and eliminate discrimination against lesbians, gay men and bisexuals in unions, in the workplace and in society should be a union priority. It is also crucial that unions negotiate collective agreement provisions that ensure that all workers have the same rights and receive the same benefits and that sexual orientation is squarely placed in all anti-discrimination clauses. Unions should, together with employers, have the responsibility to ensure that the workplace is kept free of homophobic harassment. Unions can also engage in public campaigns and legal and political action to eliminate discrimination on the grounds of sexual orientation.
In the struggle for lesbian and gay rights, trade unions can [
PSI and Education
International, Working for Lesbian and Gay Members]
Guidelines:
| Education International carried out a survey of trade union policy and action in respect of
gay and lesbian members. Seven of the 47 organizations which responded to the first
questionnaire in 1999 and 13 of the 35 organizations which responded to the second in 2001
reported some kind of policy which refers specifically to sexual orientation. In some cases, it
falls within those policies relating to human rights and non-discrimination. Explicit statements
may also be included in the articles of by-law or the ethical/professional codes of conduct.
Some of them, although a minority, have begun to implement measures of positive action,
such as reserving positions for gay and lesbian colleagues on human and trade union rights or
equal opportunity committees. Official policies in general terms question and confront
personal and institutional homophobia.
Source: First Triennial Report on the Situation of Gay and Lesbian Teachers and Workers in the Field of Education. Doc.E23 presented at the Third World Congress of Educational International. |
Remember: Because lesbian and gay members are denied benefits based upon marital or family status as a result of the heterosexual definition of the word 'spouse', they are in fact subsidizing other members with their dues.