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Technical Consultation on
Employment of People with Disabilities:
A Human Rights Approach

A Tripartite ILO Meeting in Bangkok, Thailand: 18-20 January 2006

Overview

Introduction

Since the 1970s the disadvantages faced by disabled persons, their social exclusion and discrimination against them were increasingly perceived to constitute a human rights issue, rather than matters to be dealt with exclusively through social welfare measures. The shift from a social welfare approach to one based on human rights is increasingly reflected in the legislation on the statute books in countries around the world, and in international and national human rights instruments. While progress has been made, much remains to be done to ensure that national legislation concerning the training and employment of persons with disabilities and other relevant legislation is amended to reflect a rights-based approach.

Key elements of a rights-based approach are contained in ILO Conventions concerning employment in general and persons with disabilities in particular. Of particular relevance are the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Equal Remuneration Convention, 1951 (No. 100), and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). Equality of opportunity, equal treatment and non-discrimination are the pillars of the ILO Conventions. The ILO Declaration on Fundamental Principles and Rights at Work of 1998 has recognized that working toward the realization of the rights at the workplace is inherent in membership in the Organization. The Technical Consultation will examine the training and employment of persons with disabilities from a human rights perspective drawing on ILO Conventions and other international human rights instruments, as well as exemplary legislation at national level.

The Technical Consultation is being organized within the framework of the International Labour Organisation (ILO) project “Promoting the Employment of People with Disabilities through Effective Legislation”. This project, funded by the Government of Ireland, is being implemented by the ILO in 4 countries of Asia: China, Mongolia, Thailand and Vietnam, as well as 8 countries of East and Southern Africa.

The ILO project aims to improve the effectiveness of legislation promoting training and employment opportunities for disabled people. The Consultation is among project activities that also include national level technical guidance (upon request), a training programme and a media campaign. The Consultation will contribute to the objectives and activities of the Second Asian and Pacific Decade of Disabled Persons 2003 to 2012, and the Biwako Millennium Framework towards an Inclusive, Barrier-free and Rights-based Society for People with Disabilities in Asia and the Pacific.

Objectives

The overall purpose of the Consultation is to promote increased training and employment opportunities and improved employability for women and men with disabilities in the selected countries by examining, from a human rights perspective, how to improve the formulation and implementation of legislation. The role of governments, workers’ and employers’ organizations and organizations of persons with disabilities in this process will also be examined.

By the end of the Consultation, it is expected that participants will:

- Be aware of the main elements of a human rights approach to training and employment of people with disabilities;
- Be informed of international initiatives in promoting the employability and employment of people with disabilities;
- Be aware of the importance of applying a sound communications strategy using the media for advocacy and awareness raising on the right to work of people with disabilities;
- Have reviewed reports on existing disability policy and/or legislation for each country participating in the ILO project, and supplemented or corrected these where necessary;
- Have identified actions that might be taken by governments, the social partners and DPOs in each country to advance a human rights approach to training and employment of people with disabilities, and in improving the quality and impact of laws and policies;
- Have made proposals for follow-up action to be taken by their respective government departments or organizations.

Participants

Participants in the Technical Consultation will include

- Representatives of Government Ministries (Ministry of Labour; Ministry with responsibility for disability)
- Employers’ and Workers’ representatives
- Representatives of national federations of disabled persons
- Selected Members of Parliament
- Legal experts

Equal numbers of women and men participants are being invited to the Consultation to ensure gender balance and adequate consideration of gender issues. The aim will be to encourage a high degree of participation from all participants.

Methodology

The work of the Technical Consultation will be conducted through a combination of formal presentations in plenary sessions and working group sessions. Participants will form working groups to discuss the following questions:

- Moving towards a human rights approach to training and employment of people with disabilities: What action is required of governments?
- What initiatives can the social partners and DPOs undertake, separately or collaboratively, to promote the training and employment of people with disabilities taking into account the human rights approach?
- What actions can be taken at country level by governments, social partners and DPOs, separately or collaboratively, to improve the practical impact of laws and policies concerning the training and employment of people with disabilities?

Each group will appoint a Rapporteur who will prepare a summary of the discussions and conclusions to be presented in the plenary sessions.

For more information:

Employment of People with Disabilities: A Human Rights Approach (Asia). Technical Consultation Report. Thailand 18-20 January 2006 (pdf)

Programme (pdf)

List of participants (pdf)

The technical consultation is part of the ILO global programme Promoting the Employability and Employment of People with Disabilities through effective Legislation

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Updated 2008-07-16