The Right to Work for Persons with Disabilities

Name: The Right to Work for Persons with Disabilities | International Perspectives
Brand: Nomos
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International Perspectives

Gudrun Wansing Felix Welti Markus Schäfers(Herausgeber*in)

Nomos (Verlag)

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Erschienen am 2. August 2018

361 Seiten

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Inhalt

Cover
Foreword from the German Federal Government Commissioner for Matters relating to Persons with Disabilities
1. Fundamental academic contributions in law
The UN CRPD as an International Social Law
I. Social policy - A matter for state or international lawmaking?
II. International human rights
1. Human rights - Achievements of the nation-state
2. General declaration of human rights: The international bill of rights
3. International human rights define the post-war order
III. International social human rights
1. Social human rights and the capability approach
2. International human rights - UN CRPD: From banning discrimination to the human rights of those potentially subject to discrimination
3. What does the approach towards human rights offer?
IV. International human rights and the UN CRPD
1. Setting the standard
2. Institutionalization of protective regulations
3. State commitment
V. Right to work
VI. Conclusion
Reasonable Accommodation as a Gateway to the Right to Work for Persons with Disabilities in the European Union. Reflections and Comparative Perspectives
1. Introduction
2. Reasonable Accommodation in the CRPD and its Relevance in the Employment Context
3. Reasonable Accommodation in the Directive 2000/78 at a Glance
4. Reasonable Accommodation in National Laws: Trends and Patterns
5. Concluding Remarks
Equal Rights of Persons with Disabilities to Work per Article 27 of the UN Convention on the Rights of Persons with Disabilities
I. Introduction
II. Legal sources and validity
1. The right to work
2. The UN Convention on the Rights of Persons with Disabilities
3. International law, European law and German law
4. Social human rights and the progressive realization
5. Human rights and participation
6. Monitoring and enforcement
III. Fundamental terms and relationships
1. Disability
2. Equality
3. Participation
4. Independence
5. Inclusion and integration
6. Accessibility
7. Work and employment
8. Labour market
9. Right to education
10. Rehabilitation
11. Right to an adequate standard of living and social protection
IV. Realization
1. Ban on discrimination
2. Equal right to fair and favourable working conditions
3. Equal employee and trade union rights
4. Promotion of work
5. Individual promotion
6. Promotion of self-employment
7. Employment in the public sector
8. Positive measures and incentives in the private sector
9. Reasonable accommodation at the workplace
10. Promotion of work experience
11. Vocational rehabilitation
12. Sheltered employment and the open labour market
13. Welfare and social insurance
V. Outlook
2. Fundamental academic contributions in the social sciences
Comparability and Convergence of Work Participation Statistics and Documentation
Introduction
The socio-economic context of work capacity determination
Approaches to work capacity assessment
Work capacity, the ICF and work participation statistics
Conceptualizations of Disability in ICF and CPRD: Their Contribution to the Realization of the Right to Work
1. Introduction
2. Classifications as powerful instruments
3. Conceptualization of Disability in the ICF
3.1 Differentiating Disease and Disability
3.2 Disability: no longer a consequence of disease, but the result of the interaction between individual and society
3.3 Analysis of the Conceptualisation of the ICF
4. Conceptualization of Disability in the CRPD
4.1 Disability Rights as Human Rights
4.2 Discrimination on the Basis of Disability
4.3 Impairments, Disability and Barriers: Definitions according to the CRPD
5. Embodiment of Intersectionality in the CRPD and in the ICF
6. The relevance of the ICF and the CRPD for the right to work
6.1 ICF and Access to the Labour Market
6.2 CRPD and Access to the Labour Market
6.3 Access to the Labour Market for Persons with Disabilities
6.4 Two Instruments for Participation in the Labour Market of the CRPD
6.5 Accessibility as a Structural Principle
6.6 Instrument of Equality: Reasonable Accommodation
7. Conclusions
Gainful Employment between Inclusion and Exclusion
The relationship between gainful employment and inclusion
The relationship between gainful employment and exclusion
Once again: the right to work
Labour Market Participation of Persons with Disabilities - How can Europe Close the Disability Employment Gap?
Introduction
The UN Convention on the Rights of Persons with Disabilities
Exploring the disability employment gap
The DISCIT project ("Making persons with DISabilities full CITizens")
How are countries addressing the disability employment gap?
Labour supply strategies
Labour demand strategies
Employment protection in the CRPD
Exploring the effectiveness of Article 27 of the CRPD
DISCIT data on effectiveness
Country progress reports on the implementation of the CRPD
How the UK is addressing the disability employment gap
Exploring the potential of labour demand strategies
Sheltered and supported employment
Social entrepreneurship and social enterprises
Conclusion
3. Transitions
Return to Work as a Central Aim of Rehabilitation
1. Preliminary remarks
2. Model of success
a. Comprehensive approach
b. Participation management
c. Participation and inclusion
3. Outlook
Developing International Standards of Competencies for Return-to-Work Professionals: An Overview
Cost of Staying Out of Labour Force
Purpose
Role and Competencies of Return-to-Work Professionals
An Overview of Training and Certification for Return-to-Work Professionals
Unified Global Training Standards for Return-to-work Professionals
Conclusion
The School-Work Transition of Special Needs Students in the Context of the UN CRPD - Effort towards Systematization
1. Introduction
2. Initial schooling conditions
3. On the transition system from school to work for special needs students
1) Mainstream labour market
2) The transition system
3) Vocational rehabilitation system
4. Conclusion
4. Inclusive labour market and inclusive workplaces
The "Why" and "How" of Disability Inclusion in Business
Introduction
Benefits of diverse and disability-inclusive workplaces
Global momentum for disability inclusion
Measures to create disability-inclusive workplaces
Conclusion
Workplace Accessibility and Universal Design
I. Universal Design - Accessibility
II. Universal design in accordance with the UN CRPD
III. Concrete provisions and reception in German law
IV. Required changes and tools for enforcement
V. Summary and outlook
The Situation for Blind and Visually Impaired Persons in the Labour Market, in Employment and in Continuing Education - Including International Perspectives
1. How many people are affected with blindness in Germany, how many are employed, and how many are looking for work?
2. Possible causes for the low employment rate for blind and visually impaired people
a) It appears that the pertinent variables on the supply side are:
b) The demand side - supply of suitable positions:
c) What service do the information-providing and placement systems provide?
3. Promising initiatives for the labour market and jobs
a) The TriTeam mentoring program
b) AKTILA-BS (Activation and integration of (long-term) unemployed blind and visually impaired persons)
c) Innovation and inclusion - new participation approach for work and vocation
d) iBoB ("Inclusive and accessible vocational education" ["Inklusive berufliche Bildung ohne Barrieren"] - Platform of accessible further education for blind and visually impaired employees or self-employed people/freelancers)
4. Findings from partner countries in the European Union regarding the employment of visually impaired people
5. Conclusion and appeal
Through Complex Acts and Measures, Transforming Disbelief into Trust
Introduction
Acts and measures
Independent work evolution
More is still needed
Self-confidence and management awareness, Actions for training and informing
An innovative Job Coaching Club
Defending Enforcing and Updating
Conclusion
The Role of Higher Education in Promoting the Right to Work for Persons with Disabilities
Inclusion at institutions of higher education
1. Accessibility
2. Participation
3. Creating awareness
Conclusion
Employment of Persons with Disabilities - Effective Policy and Outcomes Requires Clear Strategy with All Relevant Actors Engaged
I. National Disability Authority
II. Convention on the Rights of Persons with Disabilities and National Disability Action Strategy
III. What the Data tells us
IV. Barriers
V. Strategy on Employment
VI. Action to Implement the Comprehensive Strategy for Persons with Disabilities
VII. Conclusions
Persons with Severe Disabilities as Judges/Prosecutors? A Test Case on the UN Convention on the Rights of Persons with Disabilities in Taiwan
I. Introduction
II. Statements from authorities about the need for physical requirements for judges and the public prosecutors
III. Lack of knowledge about the CRPD as the main problem of its implementation in Taiwan
1. The CRPD's implementation process in Taiwan
2. The CRPD concepts of equality before the law and the Constitution of the Republic of China
3. The foreignness of the term "reasonable accommodation" to the Taiwanese justice system
4. Conclusion
IV. From abolishing the physical requirements in the Regulations for Judicial Examinations to enabling the practice of law for judges and public prosecutors with disabilities
V. Outlook
Law of Quotas for People with Disabilities - The Brazilian Experience
5. Special forms of employment
Barriers and Opportunities for Persons with Disabilities to change from Sheltered Employment Settings into an Open and Inclusive Labour Market - Positions of UN Bodies and some Global, Regional and National Disabled People Organizations (DPOs)
I. Human Rights Approach
II. The Legal Framework of Art. 27 CRPD
III. Implementation of Art. 27 CRPD by the UN States Parties with regard to persons with intellectual, psychosocial and multiple disabilities
IV. Alternatives to Sheltered Work
V. The Importance of Goal 8.5 of the SDGs for the Right to Work and Employment
A Need for Sheltered Workshop Reform? Perspectives from Employees and Legal Trends due to the German Federal Participation Act
I. Perspectives of sheltered workshop employees
1. A critical look at sheltered workshops
2. Perspectives and ideas of workshop employees on participation in the workforce
II. Changes to participation in the workforce at sheltered workshops resulting from the Federal Participation Act [BTHG]
1. Requirements from the United Nations
2. New legal situation for sheltered workshops: Reform or resumption of the status quo?
3. Other service providers, the "Budget für Arbeit" structure and the right to choose for persons with disabilities
4. Innovative ability in the changes to the Federal Participation Act [BTHG] with respect to the requests voiced by workshop employees
III. Conclusion: Future requirements for sheltered workshops
Sheltered Workshop Policies for People with Disabilities in Taiwan and Japan
1. Introduction
2. Sheltered workshops under welfare regimes and disability policy models
2.1 Compensation-oriented model
2.2 Rehabilitation-oriented model
2.3 Participation-oriented model
2.4 An East Asian model for disability employment policies?
3. An overview of disability employment policies for PWDs in Japan and Taiwan
3.1 Disability employment policy in Japan
3.2 Disability employment policies in Taiwan
4. Sheltered workshop policies for PWDs in both countries
4.1 Sheltered workshop policies in Japan
4.2 Sheltered workshop policies in Taiwan
5. Conclusion: Similarities and differences
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