94 | Zimbabwe Rule of Law Journal
The right to work for PWDs is also highlighted by the Committee on Economic, Social and Cultural
Rights6 which promotes the employment of PWDs in mainstream employment and not “reserved”
shelter.7
In addition, numerous ILO Conventions8 provide for the right to employment and fair labour practice
for persons with disabilities. In essence, these conventions aim to ensure that state parties adopt
national policies for the promotion of the rights of PWDs to access employment; and to be afforded
equal opportunity and treatment as far as occupation and employment are concerned. Put differently, at
the centre of these Conventions is the need to ensure that PWDs are provided with equal opportunities
in the work place; provided with adequate adjustment and reasonable accommodation. This entails
the adaptation of the job content, working time and work organization, and the adjustment of the
work environment to ensure the recruitment of PWDs. It may also include the modifications in work
schedules, sequences of work and in breaking down work tasks to accommodate PWDs.9
2.2 The right to employment for persons with disabilities under the CRPD
Article 5(2) and (3) of the CRPD provides that:
“States Parties shall prohibit all discrimination on the basis of disability and guarantee to
persons with disabilities equal and effective legal protection against discrimination on all grounds.”
Besides the general prohibition of discrimination against PWDs, the substantive provision on the right
to employment of PWDs is contained in Article 27 of the CRPD. Accordingly, member states commit
to secure the right of PWDs
“to work, on an equal basis with others; this includes the right to the opportunity to gain a living
6
General Comments, N05 of 1994, paragraphs 20 to 27.
7
Ibid, para 21.
8
ILO Vocational Rehabilitation (Disabled) Recommendation (No 99, 1955); ILO Convention No 111 concerning Discrimination
in Respect of Employment and Occupation; ILO Convention (No 159, 1983) on the promotion of equal opportunities and equal
treatment for men and women with disabilities; ILO Recommendation No 168 Vocational Rehabilitation and Employment
(Disabled Persons) Recommendation, 1983 (No 168).
9
Leticia De Campos ‘Reasonable accommodation: The new concept from an inclusive Constitutional perspective’ Sur
International Journal on Human Rights, vol 8, no14, Juin 2011, p 85-112.
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