Zimbabwe Rule of Law Journal |93
presents the facts and decision of the Court; the fourth part of the article will analyse this decision
in line with international human rights standards related to the rights of persons with disabilities
and the final part will provide concluding remarks.
The international regime of the right to employment of persons with disabilities: An
Overview
This section will be divided into three parts: the first will discuss the normative standards of the
right to employment of PWDS under general international law; the second will focus on this same
right under the Convention on the Rights of Persons with Disabilities4 (CRPD) and the third part will
focus on this right in the African human rights system.
2.1 The normative standards of the right to employment of PWDs under general international
law
Under the Universal Declaration of Human Rights (UDHR), “Everyone has the right to work, to
free choice of employment, to just and favourable conditions of work and to protection against
unemployment”.5 In this provision, ‘everyone’ comprises everybody including PWDs, even though
it is advisable to mention the ground of exclusion as to ensure its visibility.
Similarly, the International Covenant on Economic Social and Cultural Rights (ICESCR) guarantees
the right to work in article 6 and the right to favourable working conditions in Article 7. These
rights are guaranteed to all persons, including those with disabilities. Importantly, Article 7 (c) is
unequivocal in providing for “Equal opportunity for everyone to be promoted in his employment to an
appropriate higher level, subject to no considerations other than those of seniority and competence”.
This means that everyone has the right to take up the job that he or she accepts and no one should
be discriminated against on the ground of disability.
4
Adopted in 2006 and entered into force on and ratified by Zimbabwe under CRPD on 23 September 2013.
5
Adopted on 10 December 1948, Art 23.
Select target paragraph3
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