Conversion Links Art 27 – Work and Employment

This report focuses on the role of adapted work settings in the international framework provided by the UNCRPD; in particular, special attention has been given to Article 26 and 27, as they both deal with principles, measures and services offered by adapted work settings.
Adapted work settings, commonly known also as sheltered workshops, are not referred to in the UNCRPD. This requires clarifications for the thousands of people that benefit from their services and whose future looks therefore uncertain.
The analysis was carried out starting from three main subjects:
- what the Convention brought in general terms through its paradigm shift and the subsequent challenges for social services
- the analysis of the current text of Article 26 and 27 and the links to the role of sheltered workshop matters
- the history of the discussions around the inclusion of sheltered workshops in the UN CRPD.

Services like sheltered workshops may sometimes and very often fulfill more than one function for persons with disabilities, thus their compliance to the UN CRPD articles is particularly sensitive. In the framework of a holistic approach to persons with disabilities, where disability itself is not the focus of attention, but everything is about the individual and the enjoyment of his rights, it is of utter importance to keep a good balance between the multitude of skills, personal choices, possibilities of individual development and society’s response.    
The report provides a state of play of possible links existing between sheltered workshops and the UN CRPD in order to gain a view on future developments needed in the provision of work opportunities to persons with (intellectual) disabilities.

The full report is available here.

For more information on the report please contact Ms. Sabrina Ferraina at sabrina.ferraina@easpd.eu.

States Parties recognize the right of persons with disabilities 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 Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:

• Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;
• Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
• Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
• Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
• Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
• Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one's own business;
• Employ persons with disabilities in the public sector;
• Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
• Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
• Promote the acquisition by persons with disabilities of work experience in the open labour market;
• Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.

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