Persons with disabilities’ human rights, including their right to decent work, are protected in a wide range of international human rights instruments.
Disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis. There is a need to create an enabling environment, including by removing those barriers, so that persons with disabilities can enjoy real equality in society, including in the field of employment.
The International Labour Organization (ILO) estimated in 2015 that there were one billion persons with disabilities globally, with 80% of them living in “development countries”. Out of that figure, approximately 800 million were of working age as of 2016. Persons with disabilities make up the world’s largest and most disadvantaged minority.+ Read more
The rights of Persons with Disabilities are recognised in a wide range of international human rights instruments including, amongst many others:
- the UN Charter (1945),
- the Universal Declaration of Human Rights (1948),
- the International Covenant on Civil and Political Rights (1966),
- the International Covenant on Economic, Social and Cultural Rights (1966),
- the ILO 159 Convention on Vocational Rehabilitation and Employment (Disabled Persons) (1983),
- the UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993),
- the ILO Declaration on Fundamental Principles and Rights at Work (1998),
- the ILO Code of Practice for Managing Disability in the Workplace (2002),
- the Convention on the Rights of Persons with Disabilities (2006), and
- the Optional Protocol to the Convention on the Rights of Persons with Disabilities (2006).
The prevention and elimination of discrimination, on grounds which include disability, is most present in all recent international and regional human rights instruments. The Convention on the Rights of Persons with Disabilities states that:
“persons with disabilities have the right 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”.
“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”
Employment is central to the ability of persons with disabilities to maintain a decent standard of living for themselves and for their families, and is an important factor influencing their opportunities to participate fully in society.
When given the right working environment, persons with disabilities could productively perform most jobs.
Obstacles to equal opportunities in the workplace or to obtain employment included barriers to education, lack of reasonable accommodation, inaccessibility of information and of the physical environment, including transportation, housing and workplaces, limitations related to legal capacity, as well as attitudinal barriers in society. The World Health Organisation reported in 2011 that women with disabilities commonly earned less than men with disabilities and the wage gaps between men and women with and without disabilities were as big as the difference in employment rates,. A 2012 ILO report stated that throughout the world, persons with disabilities were likely to be in jobs with poor promotional prospects and working conditions, especially in the informal economy, and few had access to skills development and other opportunities that would enable them to earn a decent living.
As highlighted in the UN Guiding Principle on Business and Human Rights, Commentary to Guiding Principle 12:
“enterprises should respect the human rights of individuals belonging to specific groups or populations that require particular attention, where they may have adverse human rights impacts on them…including the rights of persons with disabilities.”
International Disability Alliance stated that there was not only an ethical and human rights legal case, but also a business case for employing persons with disabilities, part of which was related to the need for business enterprises to have a diverse workforce, which largely reflects the diversity of consumers. It also has positive effects in rooting the business within the community. Likewise, the ILO also notes that business enterprises employing persons with disabilities will benefit from more diverse workforces, improved productivity, reduced turnover, safer workplaces and increased customer service and community brand loyalty. The UN Global Compact acknowledges that businesses are increasingly realising that fostering diversity that includes persons with disabilities among employees, suppliers, and customers can provide a competitive advantage.
Various measures have been taken at the international arena in order to guarantee the human rights of persons with disabilities. In 2014 the UN Office of the High Commissioner for Human Rights designed a Training Guide on the Convention on the Rights of Persons with Disabilities while in 2002 the ILO developed a Code of Practice for Managing Disability in the Workplace to guide employers on how to adopt a positive strategy in managing disability related issues in the workplace. The European Union adopted in 2000 the EU Council Directive 78 General Framework for Equal Treatment in Employment and Occupation, that includes a provision related to the need to provide reasonable accommodation for persons with disabilities in order to guarantee compliance with the principle of equal treatment.
States have adopted legislation to realise the rights of persons with disabilities to access employment, t through the adoption of anti-discrimination legislation with applicability to the workplace. This includes, for example the US Americans with Disabilities Act 1990 and Australia’s Disability Discrimination Act 1992 There have also been a number of positive measures to improve the number of persons with disabilities within the workforce, including quota systems and tax incentives. Peru’s General Law on Persons with Disabilities, adopted in 2012, stipulates that businesses with more than 50 employees must hire persons with disabilities in a percentage no less than 3% of the total amount of workers. Companies complying with the law get a reduction on their income tax that could accrue to up to 50 percent if more than 30 percent of their workforce is composed of persons with disabilities. The Danish Act on the Prohibition against Discrimination in the labour market, which implements EU Council Directive 2000/78, covers not only differential treatment due to disability, but includes a requirement on the employer to adjust the workplace to meet the needs of persons with disabilities. Also, the Ugandan Act on Employment entitles private companies who employ ten or more persons with disabilities as apprentices or regular employees to a deduction of 15% on all payable tax.
Various multi-stakeholder initiatives also address the rights of persons with disabilities. The ILO Global Business and Disability Network is a unique worldwide network of multinational companies, national employers’ organisations, business networks and disabled people’s organisations working in collaboration to promote disability inclusion in the workplace. The UN Global Compact has a Guide for Business on the Rights of Persons with Disabilities to improve business’ understanding of the rights of people with disabilities. In addition, the Global Reporting Initiative produced a Guide on Disability in Sustainability Reporting in 2015.
Many companies across the world have policies, practices and initiatives in place that seek to respect and support the rights and inclusion of persons with disabilities as employees, customers, suppliers and community members. This can include both measures to implement human rights legal obligations or can be measures to go beyond minimum standards. Novartis has created Employee Resource Groups for persons with disabilities that provide them with opportunities to network, exchange views, create innovative business focused solutions and continue professional growth and development. L’ORÉAL’s Global Policy favours the professional insertion of persons with disabilities in the company and it focuses on five priorities: infrastructures, maintenance in employment, recruitment, subcontracting and partnerships. SAMSUNG operates, in collaboration with the Korean Research Institute for Vocational Education and Training affiliated with the Korea Employment Agency for the Disabled, customised training programs for persons with disabilities in the electrical and electronic fields. In addition to that, more and more companies include the employment of persons with disabilities in their sustainability or corporate social responsibility reporting. A 2014 ILO study of 40 Multinational Enterprises’ Sustainability reporting found that although disability tended to be poorly reflected in reporting, this did not always imply the absence of strategies or initiatives on disability. In fact, the study revealed that many business enterprises were active in addressing disability but did not report on the initiatives taken, and that this might have been the case due to the absence of indicators on disability following reporting standards at the time.
Achieving equality and non-discrimination is a necessary foundation for enabling progress towards the 2030 Agenda for Sustainable Development and its premise to “leave no-one behind”. Equality and non-discrimination are reflected directly in such SDGs and targets as SDG 10 on reducing inequality within and among countries, SDG 5 on gender equality, and SDG Target 16.b on promoting and enforcing non-discriminatory laws and policies, as well as being cross-cutting for the 2030 Agenda as a whole. The rights of persons with disabilities are of relevance across most of the SDGs of the 2030 Agenda. DIHR’s publication on the rights of persons with disabilities and the 2030 Agenda for Sustainable Development outlines the detailed and extensive relevance of the 2030 Agenda with the rights of persons with disabilities.
Data disaggregation is the main approach suggested in the 2030 Agenda to monitor unequal progress for different population groups. The 2030 Agenda includes a specific target (SDG 17.18) to, by 2020, enhance capacity-building and significantly increase the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts. There are significant challenges associated with data disaggregation as well as a significant lack of data. Businesses can help fill some of these gaps through their reporting on relevant issues.
5) Gender Equality
10) Reduced Inequalities
16) Peace, Justice and Strong Institutions
17) Partnerships For The Goals
What National Action Plans say on Persons with disabilities
The Belgian NAP makes no direct reference to persons with disabilities.
Pillar 1: State duty to respect human rights
Strand 1: Training in the Field of Business and Human Rights
Action Point 1.5 [pages 31-32]
The Ministry of Social Development will:
Through the Division of Public-Private Cooperation, include the focus on business, human rights and sustainable development in training activities about Public Incentives to Benefit Social Development by means of:
- Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.
- Organise seminars to public services and bodies, business enterprises and the civil society to address subject concerning disability. Also, a course about Human Rights and Disability will be given at universities, and outreach actions will be carried out involving public services and bodies, business enterprises and the civil society
Strand 3: Inclusion and Non-Discrimination
Action Point 3.2 [page 37]
The Ministry of Social Development will:
Prepare, through the Division of Social Policy of the Under-Secretariat of Social Evaluation, a statistical report about the socio-economic situation of risk groups including… disabled people…, based on the Socio-Economic Qualification (SEQ) including income generated by work, capital and pensions, contained in the Household Social Register, divided by territory (regional division). This has the purpose of having available information regarding vulnerable groups within certain territory
Promote, through the National Disability Service, the labour insertion of people with disabilities by taking the following specific steps:
- The Programme +Capaz en Línea Especializada para Personas con Discapacidad, will be executed and adapted in conjunction with the National Training and Employment Service (Sence).
- An initiative to strengthen the work of Municipal Offices for Labour Intermediation (OMIL) will be carried out to attend people with disabilities – through a Local Development Strategy.
- Create an Inter-Sectoral Board aimed at urging mass media, including digital media, to be accessible to people with disabilities (by using sign language, captions, making reading easier, access to information or images for people with sight disabilities.)
Strand 5: Public Contracts
Action Point 5.4 [page 44]
The Ministry of Social Development will:
The National Disability Service will review the operation of Guideline 17 about inclusive public purchases that promote equal opportunities in the public marketplace, with the purpose to improve its enforcement in line with the Guiding Principles.
IV. POLICY DEFINITION
- Approach to persons with disabilities: Firstly, it is important to understand that under the Convention persons with disabilities are: “those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others”. The Plan’s approach to disability is based on the social model of disability which mentions that: The notion of a person with disability from this model is based, beyond the functional diversity of people, on the limitations of society itself. In this way, a distinction is made between what is commonly referred to as “impairment” and what is understood as “disability”.
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
- The Ministry of Telecommunications [Mintic] will enhance the relay centre as a two-way communication service platform that allows deaf and hearing people to communicate with each other.
The Czech NAP does not make an explicit reference to Persons with Disabilities.
The Danish NAP does not make an explicit reference to Persons with Disabilities.
The Finnish NAP does not make an explicit reference to Persons with Disabilities.
III – Access to Remedy
2. Non-Judicial Mechanisms – At the International Level
2.3 The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights [page 56]
… This protocol introduces a procedure for individuals or groups seeking to establish their rights under the Covenant, after exhausting all domestic remedies, to submit communications to the Committee on Economic, Social and Cultural Rights. … Communications can also be submitted to … the Committee on the Rights of Persons with Disabilities …
Objective 25.9.1: Ensure accordance between construction legislation and human rights protection standards (including standards ensuring adaptive environment for persons with disabilities).
Objective indicator: Prepared and initiated to the Parliament of Georgia project of “Georgian code of Construction and Spatial Planning”.
Activity: Initiating package of amendments in construction legislation.
Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia.
No partnership agency.
Objective 25.19.1: Ensure implementation of necessary actions for ratifying additional minutes of the Convention on the Rights of Persons with Disabilities.
Objective indicator: National legislation brought into accordance.
Activity: Bringing national legislation in accordance with additional minutes of international convention.
Responsible agency: Ministry of Economy and sustainable development of Georgia.
Partnership agency: Parliament.
1. The State Duty to Protect
1.1 Basic rules of economic policy
Measures [page 20]
The Federal Government will also take specific action to step up its wide-ranging commitment to the protection of human rights defenders when applying the UN Guiding Principles. In the field of business and human rights, as elsewhere, development policy is about standing up for the rights of vulnerable groups, such as …persons with disabilities.
The Irish NAP makes no explicit reference to Persons with Disabilities.
I. Statement of Commitment
… To protect human rights, Italy undertakes to:
- Continue to protect, promote universal respect for, and observance of, all human rights, fundamental freedoms and non-discrimination principles, with special attention to the rights of most vulnerable groups, such as … disabled; …
- Implement the provisions included in the draft of the II Program of Action on Disability – currently under approval – with particular focus to line of intervention n. 5 “Labour and occupation” and to the dispositions concerning the definition of supporting measures and of a system of incentives for the I and II level collective negotiations on matters of flexibility, part-time and treatment-work-life balance for persons with disabilities or affected by chronic disease or for caregiver workers for persons with serious disabilities; Ø Strengthen – also in line with the implementation of art. 25 of the UN Convention of Rights of people with disabilities – respect of fundamental rights of people with disabilities with regard access to medical treatment in hospitals and their quality, through the promotion and dissemination of the “Carta dei diritti delle persone con disabilità in ospedale” realized by the Coop. Sociale Onlus Spes contra Spem in 2010; …
- Encourage companies in the dissemination of anti-discrimination culture by: …ii) promoting bodies (such as the Osservatorio Aziendale and the Disability Manager) that will have the aim of promoting the inclusion of workers with disabilities within the workplace, as foreseen in the draft of the II Program of Action on Disability; …
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(Existing framework/Measures taken）
The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.
With respect to persons with disabilities, the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013, hereinafter referred to as the “Disability Discrimination Act”) prohibits governments and businesses from engaging in unfair discriminatory treatment on the grounds of disability, and prescribes that they are required to provide reasonable accommodation (companies must endeavor to provide reasonable accommodation). The Act on Employment Promotion Etc. of Persons with Disabilities (Act No. 123 of 1960) prohibits businesses from taking discriminatory measures in the area of employment based on disability and requires provision of reasonable accommodation.
In the area of employment, Article 22 of the Constitution of Japan prescribes that “every person shall have freedom to … choose his occupation to the extent that it does not interfere with the public welfare.” In addition, the freedom of choice of occupation is guaranteed in both the Employment Security Act (Act No. 141 of 1947), which prescribes that “every person may freely choose any job, provided that it does not conflict with the public welfare,” and the Mariners’ Employment Security Act (Act No. 130 of 1948), which prescribes that “every person may freely choose occupation as a mariner on an appropriate vessel corresponding to the person’s ability and license or certificate in possession, or qualifications based on trainings received or experience.”
Unfair or discriminatory treatment against particular users is prohibited within the areas of residence, places or services intended for public use (hotels, restaurants, cafes, cinemas, and use of transportation).
(Future measures planned)
(a) Promote barrier-free and universal design
- Promote initiatives, including various public relations and awareness-raising activities based on the Disability Discrimination Act. [Cabinet Office]
- Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries.[Japan Tourism Agency]
- Raise the level of barrier-free standards across Japan through steady implementation of the Act for Partial Revision of the Act on Promotion of Smooth Transportation, Etc. of Elderly Persons, Disabled Persons, Etc. (Act No.28 of 2020), such as the revision of Transport Accessibility Standards and Guidelines, and the revision of the Design Guidelines of Buildings for Users with Accessibility Needs. [Ministry of Land, Infrastructure, Transport and Tourism]
- Implement various human rights awareness-raising activities to realize a society of coexistence with mutual respect for individuality and character regardless of disability. [Ministry of Justice]
(b）Promote employment of persons with disabilities
- Promote initiatives to increase opportunities for persons with disabilities to play an active role as a measure introduced under the Revised Act on Employment Promotion Etc. of Persons with Disabilities of 2019. As a measure for the public services sector, this includes making it incumbent on persons with appointive power at national and local government agencies to prepare and publish the Guidelines for Formulation of the Plan on Promoting Dynamic Engagement of Persons with Disabilities. As a measure for employers in the private sector, this includes the establishment of an accreditation system for SMEs with excellent initiatives concerning employment of persons with disabilities, and a special benefits system for employers who employ part-time workers whose weekly working hours are within a certain range. [Ministry of Health, Labour and Welfare]
- In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
（ Existing framework/Measures taken）
As measures that have already been conducted, the public procurement procedures have been implemented appropriately, including the implementation of international commitments, in accordance with various laws and regulations, including the Public Accounting Act (Act No. 35 of 1947).
In particular, the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the Act on Promotion of Procurement of Goods and Services from Disability Employment Facilities by the State and Other Entities (Act No. 50 of 2012, hereinafter referred to as the “Act on Priority Procurement Promotion for Persons with Disabilities”), the Women’s Participation Act, the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No.77 of 1991), and the Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act No. 100 of 2000, hereinafter referred to as the “Act on Promoting Green Procurement”).
（Future measures planned）
Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)
- Continue to promote the self-reliance of persons with disabilities working at the facilities for persons with disabilities and of those working at home through steady implementation of the Act on Priority Procurement Promotion for Persons with Disabilities. [All Ministries]
B. Development Cooperation and Development Finance
(Existing framework/Measures taken）
…. When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as … persons with disabilities,…. Nevertheless, further efforts are required in this regard.
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
（ Existing framework/Measures taken）
Non-judicial remedies such as the following have been established: consulting services based on individual legislation (e.g., workers, persons with disabilities, consumers);
As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.
(Future measures planned)
(g) Continue and reinforce measures, including those based on specific legislation (for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)
- In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]
|CHAPTER ONE: INTRODUCTION
1.2. The National Action Plan Formulation Process
Stakeholders’ Consultations [Page 4]
Given the wide range of business-related human rights concerns, the NSC identified five themes, prioritised by stakeholders, as the focus of this NAP. These are: land and natural resources, revenue transparency, environmental protection, labour rights and access to remedy. Additionally, there was recognition that certain groups are disproportionately impacted by businesses. In this regard issues of gender, the situation of vulnerable, marginalised and minority groups such as persons with disabilities (PWDs), indigenous groups, were identified as cross cutting issues to be addressed under each of the themes.
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.6 Labour [Page 12]
It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The SDG targets include: [..] 4.5 (eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations); […] and 8.5 (achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value). […]
Other constitutional rights related to labour include Article 30 which prohibits slavery, servitude and forced labour and Article 27 which guarantees equality and freedom from discrimination, specifically including the equal rights of women and men to opportunities in the economic sphere and the dictate that no person shall discriminate against another person directly or indirectly on grounds including […] disability […].
2.7 Access to Remedy [Pages 13-14]
[…] [T]here are a number of legislative provisions regulating business conduct to protect those within Kenya’s jurisdiction from business-related human rights violations. Protection against discrimination on the ground of HIV/AIDS status, for example, covers those in employment. The same applies to the protection of discrimination against persons with disabilities, women and marginalised groups.
CHAPTER THREE: POLICY ACTIONS
3.1 Pillar 1: The State Duty to Protect [Pages 16-17]
The Government will:
viii. Develop procedural guidelines for use by businesses, individuals and communities in their negotiations for land access and acquisition. These guidelines will ensure and safeguard the participation of women, persons living with disabilities, youth, children and other marginalised groups;
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Pages 18-19]
a) Training: Develop and disseminate guidance for businesses on their duty to respect human rights and the operationalisation of this duty in the Kenyan context, including the implications of their operations on the environment, gender, human rights defenders, minorities, persons living with disabilities, marginalised and other vulnerable groups to promote responsible labour practices and inclusivity.
3.3. Pillar 3: Access to Remedy
B) Non- State-Based Grievance Mechanisms [Page 21]
The Government will:
CHAPTER FOUR: IMPLEMENTATION AND MONITORING [Page 22]
To ensure that the measures proposed in this NAP are implemented, there shall be a NAP steering committee overseen by the Department of Justice and the Kenya National Commission on Human Rights. The Implementing Committee will consist of representatives from the following institutions:
4. Three (3) Civil Society Organizations Representatives of persons living with disabilities, women and indigenous persons
1. Objectives and Measures
Objective 1: Ensuring State’s duty to protect, defend and respect human rights
C. Measures related to research and training on non-discrimination and other human rights [page 2]
- Promotion of employment of persons with disabilities. The National Programme on Social Integration for persons with disabilities for 2013-2019, approved by Resolution No 1408 of the Government of the Republic of Lithuania of 21 November 2012, aims to create a harmonious environment for the effective development and social integration of persons with disabilities in Lithuania and to ensure the implementation of national legislation relating to the social integration of persons with disabilities and their equal opportunities, and of the provisions of the Convention on the Rights of Persons with Disabilities.
to organise training of the employers with a view to encourage their social responsibility as regards employment of persons with disabilities.
Content from non-BHR specific chapters in the Human Rights NAP:
Strategic priority 3.2. Foster social and cultural changes with the aim of encouraging the full development and wellbeing of the people with disabilities
3.2.1. Promote the equal access of people with disabilities to services, support mechanisms and government credit, as well as to products and services offered by lending institutions.
3.2.5. Promote the design and implementation of affirmative actions and reasonable adjustments in order to include people with disabilities in the labour market both in the public and in the private sector.
The Dutch NAP does not make an explicit reference to Persons with Disabilities.
The Norwegian NAP makes no explicit reference to Persons with Disabilities.
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.2. NAP Priority Areas
3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion (page 19)
‘As established during the NBA and consultative process, the discriminatory treatment in business activity of women and vulnerable or marginalised groups, including […] Persons with Disabilities […] remains an ongoing challenge.’
- Federal and provincial (page 21)
‘19. Strengthen existing, and develop where required, civil remedies for discriminatory action based on […] disability […] or any other factor.
Performance indicator(s): (i) Number of remedies developed or strengthened
UN Guiding Principle(s): 25, 26, 29
Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 19 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities, and designating the Federal and Provincial Commissions on the Status of Women, the Ministry of Commerce, the Securities and Exchange Commission of Pakistan, the Provincial Human Rights Departments, the Provincial Women Welfare Departments, the Ministry of Overseas Pakistani and Human Development, the Federal and Provincial Ombudspersons against Harassment of Women at the Workplace, CSOs, NGOs and the Business Community as Additional Entities (page 50).
- Provincial (page 23)
‘27. Build, or further strengthen existing, partnerships with and facilitate businesses to increase disability inclusion in business activity and at the workplace.
Performance indicator(s): (i) Number of partnerships and activities with businesses on disability inclusion
UN Guiding Principle(s): 2, 3, 8, 11, 12
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 27 designating the Provincial Special Education Departments, the Provincial Social Welfare Departments, the Provincial Bait-ul-Maal Departments and Bodies for Persons with Disabilities as Leading Entities, and designating the Provincial Human Rights Departments, the Provincial Education Departments, the Provincial Labour Departments, the Provincial Law Departments, the Provincial Management and Professional Development Departments, the Provincial Planning and Development Department and the Provincial Health Departments as Additional Entities (page 54).
3.2.4. Labour Standards and the Informal Economy (page 28)
‘Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, forced labour or any forms of modern slavery. These conventions also require States to […] and habilitation of disabled workers etc. […]’
ANNEX II | Actions Already Undertaken by Pakistan
B | Measures Relevant to NAP Priority Areas
i. Anti-Discrimination, Equal Opportunity, and Inclusion
a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace
- ICT (page 78)
‘The ICT Rights of Persons with Disability Act was enacted in 2020.’
- Punjab (page 78)
‘The Disabled Persons (Employment and Rehabilitation) Ordinance 1981 applies in Punjab and provides support to Persons with Disabilities to find employment and be treated equally at places of work.
The Provincial Council for Rehabilitation of Disabled Persons has the mandate to safeguard the rights of Persons with Disabilities. This includes the creation of policies which encourage antidiscriminatory laws in all spheres, including non-discrimination in employment.’
- Sindh (page 78)
‘Section 8 of the Sindh Differently Abled Persons (Employment, Rehabilitation and Welfare) Act 2014 stipulates that not less than 2% of the total number of persons employed must be Persons with Disabilities.’
- Khyber Pakhtunkhwa (page 79)
‘The Khyber Pakhtunkhwa Disabled Persons (Employment and Rehabilitation) Amendment Act, 2012 focuses on the regulation and introduction of laws and practices that curb anti-discrimination against Persons with Disabilities in employment and emphasizes the need to ensure equal opportunities for such individuals as well.
The Khyber Pakhtunkhwa Labour Policy 2018 affirmed that Persons with Disabilities will be mainstreamed in all economic sectors, barriers for their participation in economic activities will be removed, their accessibility will be increased at all educational, vocational and workplace institutions and their achievements will be highlighted at all levels. The quota of Persons with Disabilities and facilitation in employment as protected under Disabled Persons (Employment & Rehabilitation) Ordinance, 1981 will strictly be observed in all the industrial and commercial establishments of the Province.’
- Balochistan (page 80)
‘The Balochistan Assembly has introduced the Persons with Disabilities Act 2017 which requires the Government to ensure that Persons with Disabilities are given equal opportunities to pursue their economic, social, and cultural rights. To eliminate discrimination against Persons with Disabilities, the Act mandates a 5 percent quota for employment which applies to corporate entities as well.’
Pillar I: The State Duty to Protect Human Rights
3. Regulations on European Funds [page 18]
Article 7 of Regulation No 1303/2013 of the European Parliament and of the European Council of 17 December 2013 laying down common provisions on five EU funds obligates all Member States to take appropriate steps to prevent any form of discrimination, including based on disability. In view of the above, in 2015, the Ministry of Infrastructure and Development developed the Guidelines for the implementation of the principle of equal opportunities and non-discrimination, including accessibility for people with disabilities… The above-mentioned Guidelines aim to ensure the compatibility of operational programmes (OPs) with the principle of equal opportunities and non-discrimination, including accessibility, for people with disabilities… as well as to ensure a coherent approach in this respect under the European Social Fund (ESF), the European Regional Development.
…“The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation and implementation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes.”
The Guidelines are addressed to all institutions that participate in the implementation of operational programmes cofinanced by the ESF, the ERDF and the CF, in particular managing authorities (MAs), intermediate bodies (IPs) and implementing authorities (IAs). MAs ensure that the competent decision-making body or which is a party to a project co-financing agreement under an OP will commit the beneficiary in a decision or project cofinancing agreement to apply the current Guiding Principles. The provisions adopted in these Guiding Principles are also an expression of the inclusion of the provisions of the United Nations Convention on the Rights of Persons with Disabilities, ratified by Poland in 2012, within the framework of structural funds. According to the Guiding Principles, the managing authorities of operating programmes develop criteria for the evaluation of applications for co-financing allocation in such a way that co-financing (also projects implemented by enterprises) is offered to projects that have a positive or neutral impact on the principle of equal opportunities and non-discrimination, including accessibility for people with disabilities…The creation of administrative capacity to implement equal opportunities and nondiscrimination policies, including accessibility for people with disabilities… in relation to the European Structural and Investment Funds (EFSI) was regulated in the Action Plan for Equality and Nondiscrimination 2014-2020 (22 April 2015). 8 This document is primarily an action plan for the measures that should be taken by the institutions involved in the implementation of EU funds to ensure accessibility for people with disabilities. The above-mentioned documents provide a strategic and operational framework for the disbursement of structural funds corresponding to EU policies on equal opportunity. They also represent the government’s efforts to implement and promote the provisions of the United Nations Convention on the Rights of Persons with Disabilities. In practice, the intention is to give disabled clients of European funds an opportunity to participate in the EU budget, i.e., the opportunity to use the funds, choose a career without barriers, and thus enjoy full inclusion in society. Hence, the introduction of a number of tools intended to ensure such accessibility, e.g., universal design, rational improvements, digital accessibility, or architectural availability.
Pillar II: The Corporate Responsibility to Respect Human Rights
7. Social entrepreneurship as an instrument for creating high-quality jobs for individuals at risk of poverty and social exclusion [page 33]
When considering a responsible approach to doing business and respect for human rights, also by entrepreneurs, it is impossible not to mention the specific form of economic activity known as social entrepreneurship. Social entrepreneurship plays a very important role in the process of social and occupational reintegration of people from different groups who, for various reasons, find themselves in particularly difficult living and working conditions, e.g.,… people with disabilities. These people can return to professional life and full participation in the life of their local community in particular through work and the ability to co-decide about the future of the enterprise they are involved with, but also through other types of activities that are firmly rooted in the local community.
8. Equal opportunities for people with disabilities [page 35]
As regards equal opportunities for disabled people, entrepreneurs should take into account the following issues: – architectural accessibility: conducting accessibility audits, application of solutions that meet the needs of people with various disabilities, including systems supporting hearing, e.g., in conference rooms, main reception areas, facilities for the blind and visually impaired, ensuring the availability of sanitary facilities; – developing products, services, goods, and space based on the universal design concept or designing for everyone, including the disabled, seniors, pregnant women, people with baby strollers; – digital accessibility: accessible websites that should meet the WCAG 2.0 accessibility standard; accessibility of all digital content should be ensured, i.e., online publication of editable documents (e.g., open PDF, Word), avoiding scans of paper documents; – human resources policy: accessible working environment, employing disabled people (also other disadvantaged groups in the labour market); – application of rational improvements, i.e., changes and adjustments, in accordance with the needs of disabled employees and customers; – accessibility in information and promotion activities: social clauses in orders for the performance of tasks and services, communications (e.g., PR) expressed in a language that is easy to understand, respect for diversity, organisation of accessible events; – treatment of accessibility as the operating standard and the philosophy of the subject rather than a one-off operation. These issues are addressed both to the public administration and the business sector, and their implementation will enable the creation of modern-looking entities that are open to serving clients with diverse needs and effectively meet their expectations.
Principle 3a – Work and employment of persons with disabilities
Protection of persons with disabilities against discrimination is provided for by legislation, which also envisages positive, protective and other measures for such persons. (pg. 14)
Slovenia is striving to guarantee measures to improve the employability of persons with disabilities by providing various programmes and training. In this context, it is essential to inform employers of the possibility of adequately adjusting the working environment and the workplace, as well as to encourage persons with disabilities to seek employment. (pg. 14)
In accordance with the European Disability Strategy 2010–2020 and the World Programme of Action for Youth, special attention is devoted to measures for the effective development of employment possibilities and opportunities for young people with disabilities. (pg. 14)
The priorities regarding the work and employment of persons with disabilities include: Improving the employability of employed persons with disabilities, fostering the training and employment of disabled persons in state administration bodies, and providing an expert support network for employment rehabilitation. (pg. 17)
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
3. Public procurement considering social responsibility [page 5]
- Highly recommend to apply the guidelines which reflects the corporate social responsibility.
– Give additional credit points to companies which are ‘female·disabled friendly companies’ and which offer work-learning dual program following the guidelines of qualification examination on goods purchase(Public Procurement Guidelines).
– Give additional 10% point on management condition mark when female·disabled friendly companies or social enterprises record construction ratio over 30% according to detailed guidelines of qualification examination on facility construction (Public Procurement guidelines).
Guiding Principle 1
Spain is party to all of the main treaties on human rights and, specifically, to the following: …
- Convention on the Rights of Persons with Disabilities;
Guiding Principle 21
Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of… disability…
The Swedish NAP does not make an explicit reference to persons with disabilities.
2 National Action Plan on Business and Human Rights 2020-23
2.2 Pillar 2: the corporate responsibility to respect human rights
2.2.1 Foundational principles
Guiding Principles 11 to 15
The responsibility of business enterprises to respect human rights refers to internationally recognised human rights. … Depending on the circumstances, business enterprises must also observe additional standards concerning particularly vulnerable population groups, including agreements protecting … people with disabilities … does not make an explicit reference to Persons with Disabilities.
III. The State duty to protect human rights
B. Actions taken
- Voluntary commitment to implementation of international covenants (page 6)
‘[…] although Taiwan is not a member of the United Nations, it has nevertheless signed and ratified important United Nations human rights covenants in recent years, including the […] “Convention on the Rights of People with Disabilities” […] In addition, the Taiwan government has gone through the legislative process to incorporate these covenants and conventions into domestic law, and has periodically prepared national reports and submitted them for review by international experts.’
- Business-related human rights safeguards in Taiwanese legislation (page 7)
‘The Taiwan government has already incorporated […] the “Convention on the Rights of Persons with Disabilities” […] and other such UN covenants and conventions into domestic legislation, so they can be directly applied as Taiwan law.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to respect, UNGP2, Actions taken (page 38).
C. Actions planned
- Continue pushing for passage of laws to protect working conditions and labor rights (pages 9-10)
‘[Taiwan has] a special chapter on employment rights in the “Act for Protecting the Interests of the Physically and Mentally Disabled,” are promoting occupational rehabilitation, and have adopted a system of a fixed number of total employees. These measures are designed to uphold the rights and interests of persons with physical and mental disabilities.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to respect, UNGP2, Actions planned (page 39).
V. Access to remedy
B. Actions taken
- Non-judicial remedy
Grievance system for employment discrimination (page 19)
‘The labor competent authorities in local governments throughout Taiwan have already established employment discrimination grievance channels to deal with instances of employment discrimination involving […] disability. Accordingly, employees or job seekers who discover law-breaking behavior on the part of an employer can file a grievance via any of the aforementioned channels.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, Access to remedy, UNGP30, Actions taken (page 59).
Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect
- Taiwan’s commitment to human rights and international participation (page 23)
‘Regarding the ratification and the entry into force of important UN conventions, the Taiwan government has taken following actions: […] The “Act to Implement the Convention on the Rights of Persons with Disabilities” came into force on 3 December 2014. This convention protects the rights and interests of persons with physical and mental disabilities, and ensures their opportunity for equal social, political, economic, and cultural participation.’
- Government procurement (page 24)
‘Article 101, paragraph 1, subparagraph 14 of the “Government Procurement Act” provides that where the supplier discriminates on the basis of gender, aboriginal status, physical or mental disability, or status as the member of a disadvantaged group, where the details of the discrimination are particularly serious, it will be published in the Government Procurement Gazette and the supplier shall not be allowed to bid on a government contract (or be a sub-contractor) for one year.’
‘Article 98 of the “Government Procurement Act” stipulates that for a winning tenderer which employs more than 100 persons locally, aborigines or persons with physical or mental disabilities shall account for a minimum of two percent of the total number of employees during the term of contract performance; otherwise, the foregoing tenderer shall pay a fee in lieu of performance and shall not hire foreign workers to make up the shortage in question.’
- Other legislative action and measures (page 29)
‘Article 8 of the “Public Welfare Lottery Issue Act” provides as follows: “Disabled persons who are capable of working, indigenous persons, and single-parent families with low income shall be given first priority for lottery retailer licenses. Retailers which have more than five employees shall hire at least one disabled person who is capable of working, one indigenous person, or one head of a single-parent family with low income.”’
3. The core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
3.1.1 Overall situation
For the promotion of people with disabilities to enter a career and have a better quality of life, the Ministry of Labour and the Ministry of Social Development and Human Security jointly announced their cooperation to support the employment of people with disabilities to develop the potential of improved work by setting a target of employment of 10,000 people with disabilities and a Memorandum of Agreement between the Ministry of Public Health, Ministry of Labour and the Ministry of Social Development and Human Security signed to coordinate the employment of people with disabilities in the community to work in a government agency under the Ministry of Public Health. In addition, the Civil State for Society Project can also help the employment of people with disabilities with more work. Many businesses including educational institutions have also put efforts into hiring people with disabilities.
3.1 Action plan on labour
3.1.3 Action Plan (2019–2022)
Pillar 1: State duties in protecting (Protect)
|Responsible agencies||Time-frame (2019–2022)||Indicators (wide frame)||Compliance with National Strategy/ SDGs/UNGPs|
|6.||Eliminating discrimination in employment and the workplace||– Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment.
– Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization.
– Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled
|– Ministry of Social Development and Human Security
– Ministry of Labour
project to find jobs for persons with disabilities
Specially needed recruitment activities for disabled workers
Activities to promote the disabled to work in the public sector
– 1,750 persons with disabilities are employed.
– persons with disabilities are employed no less than 62%
– 88 persons with disabilities are employed in government agencies promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1
|– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8 and 10
– UNGPs Articles 1, 3, 4, 5, 7 and 8
|– Improve the efficiency of the Fund for Empowerment of Persons with Disabilities||– Ministry of Social Development and Human Security||2019–2022||– Supporting the disabled to have jobs or independent employment
Promote the workplace to provide facilities that facilitate persons with disabilities to work
|– National Strategy for Human Capital Development and Strengthening
– National Strategy for Social Cohesion and Just Society
– SDG 8
– UNGPs Articles 1, 3, 4, 5, 7 and 10
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.3 Elimination of discrimination in the workplace
- State enterprises and the business sector should increase the employment of … persons with disability … . by considering as appropriate, including requiring the establishments for proper facilities set-up.
CHAPTER THREE: SITUATIONAL ANALYSIS
3.3 Labour Rights
Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. Noting that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments.
3.8 Women, Vulnerable and Marginalized Groups
Human rights instruments set out obligations and commitments to ensure equality and non-discrimination. These are highlighted in various human rights instruments at international, regional and national levels including the following: SDG 5 gender equality and women empowerment , 8 on decent employment and 10 on reducing inequalities within and among countries, the International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, African Charter on Human and Peoples Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Constitution of Uganda under Chapter Four on the Protection and Promotion of Fundamental and Other Human Rights and Freedoms, the National Equal Opportunities Policy (2006), the National Gender Policy (2007), the Persons with Disability Act (2020) and the National Policy on Disability (2006).
Despite the positive strides taken to provide legal protection for vulnerable groups, gaps persist and certain groups remain susceptible to suffer negative consequences of business operations. In particular, those that are already marginalized or excluded in society – as is often the case for women, minority groups, migrants, and persons with disabilities and persons living with HIV/AIDS.
Persons with Disabilities: It emerged that persons with disabilities were subjected to unfair treatment and often excluded from socio-economic development processes and employment opportunities due to stigma and discrimination. It was reported that physical barriers make it difficult for persons with disabilities to access government facilities, including labour offices, and certain potential work places. Persons with Disability are often excluded from accessing information and have limited access to education, which further limits their livelihood opportunities, which increases their vulnerability to exploitation. Disability affect men and women differently and impact women more due to social and cultural norms. According to the 2006 National Policy on Disability in Uganda, discriminatory cultural practices on property inheritance and property ownership affect the livelihoods of women with disabilities more adversely than men with disabilities.
CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES
OBJECTIVE 2: To promote human rights compliance and accountability by business actors
4.2.1 Empower communities especially vulnerable persons to claim their rights
ii. Conduct community dialogue meetings with rights holders prioritizing women, youth, older persons, persons with disabilities, ethnic minorities and people in hard to reach areas.
OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations.
4.3.1 Promoting FPIC for communities in all business operations
- Review and enact laws guaranteeing FPIC (Free, Prior and Informed Consent), particularly ensuring meaningful consultations with vulnerable groups, such as women, persons with disabilities, indigenous persons, ethnic minorities and persons living with HIV and AIDS.
- Develop and enforce guidelines and policies regarding land acquisition, compensation and resettlement of communities affected by business operations, prioritizing the needs of the most vulnerable, such as women, persons with disabilities and persons living with HIV/AIDS.
OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations.
4.4.1 Empower communities to demand for protection and fulfilment of their rights and access to justice
- Educate communities, prioritizing vulnerable groups such as women, persons with disabilities, ethnic minorities and older persons, on business and human rights including access to justice.
OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.
4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations
II. Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities.
The UK 2013 NAP
2. The State Duty to Protect Human Rights
The existing UK legal and policy framework
New actions planned
The Government will do the following to reinforce its implementation of its commitments under Pillar 1 of the UNGPs:
(vi) Promote new project activity on raising awareness and tackling the negative impacts of business activity, including on the human rights of groups like… persons with disabilities…,by tasking our diplomatic missions in countries where these are concerns.
The UK 2016 Updated NAP
2. The State Duty to Protect Human Rights
The existing UK legal and policy framework
Government commitments [page 11]
Consider new project activity on raising awareness and tackling the negative impacts of business activity, including on the human rights of groups like…persons with disabilities…,by tasking our diplomatic missions in countries where these are concerns.
The US NAP does not make an explicit reference to Persons with Disabilities.