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Decent Work and People with Disabilities:
The Role of Trade Unions
Debra A. PerrySenior Specialist in Vocational Rehabilitation
Bangkok, Thailand
Topics
The changing concept of disability
Decent work facts and issues The ILO principles related to
people with disabilities What can unions do?
Do you know a disabled person?
What is his or her disability?
What does he or she do for a living?
What is Disability?
Loss of functioning
Physical
Sensory
Intellectual
Mental/Psychiatric
Dimensions of disability: People with disabilities are not a homogeneous group• Type of disability
– Physical
– Sensory
– Intellectual
– Psychiatric
• Severity– Severe
– Moderate
– Mild
• Onset– Birth
– Childhood
– Adulthood
• Visibility– Observable
– Invisible
Gender makes a huge differenceGender makes a huge difference
• Causes
Birth Defect
Accident
Illness
Other
ILO Definition
An individual whose prospects of securing and retaining suitable
employment are substantially reduced as a result of physical or mental impairment
(introduced in R 99).
Changing concepts of
disability
Economics of
disability
Human rights issue
The New Disability
Business Case
Changing concepts: A human rights issue
• From welfare to medical to social model
• From a charity to rights
The social environment creates the disadvantages people with disabilities face
• 1955 ILO VR Recommendation No. 99• 1971 UN Declaration on the Rights of Mentally Retarded Persons• 1975 UN Declaration on the Rights of Disabled Persons• 1981 UN International Year of Disabled Persons• 1982 UN World Programme of Action Concerning Disabled Persons• 1983-1992 UN Decade of Disabled Persons• 1983 ILO VR (Disabled) Convention No. 159 • 1983 ILO VR (Disabled) Recommendation No. 168• 1993 UN Standard Rules on the Equalization of Opportunities for
Persons with Disabilities• 1993-2002 Asian and Pacific Decade of Disabled Persons• 2001 ILO Code of Practice for Managing Disability in the Workplace• 2003-2012 Second Asia and Pacific Decade of Disabled Persons• Current Drafting of the UN Convention on the Rights and Protection of
Persons with Disabilities
International conventions and initiatives
• Regional initiative by ESCAP and governments in the region to improve the situation of disabled persons
• Adopted the Biwako Millennium Framework of Action towards an Inclusive, Barrier-Free and Rights-Based Society
• Seven target areas, including training and employment• Calls for rights-based, anti-discrimination policies and
legislation for people with disabilities that is developed in conjunction with social partners, including workers’ organizations
Asia and Pacific Decade of Disabled Persons 2003-
2012
National approaches: changing legislation
Welfare Law
Charity Law, No Law
Rights-based Law
Changing concepts: Disability as an economic issue • People with disability among the poorest of the poor
• Skyrocketing costs related to disability
• World Bank estimate of social exclusion: US$1.37 trillion to US$1.94 trillion of global GDP or $2,486 to $5,135 per disabled person annually
• Finland: Disability-related spending is 13.9% GDP; 10% of labour force on disability pension in 1996
• Australia: People on Disability Support Pensions---up more than 60% in last 10 years; similar statistics in Canada and UK
Vocational rehabilitation and return to work of injured workers makes economic sense for the individual and society
• Articulated in Unlocking Potential and AbilityAsia
• Managing diversity, which includes disabled workers, is a major factor in efficiency, productivity and overall success
• People with disabilities are good workers
• Hiring and retaining improves team work---group spirit
• People with disabilities are customers
Hiring and retaining disabled and injured workers make business sense
Changing concepts: The new disability business
case
So why aren’t more disabled
people working?
What barriers to do they face?
Barriers to Decent Work
Lack of policy support/integration
Lack of trained and unbiased personnel
Lack of support services and information geared to their needs
Unequal access toeducation, training and employment services
Negative attitudes and stereotypes
Psychosocial issues
Lack of accessibility
Lack of data
How big is the problem? 600 million disabled people worldwide 370 million in Asia 386 million of working-age worldwide 238 million in Asia are of working age Only 10 percent of disabled children are in
primary school Most live in rural areas Unemployment rates are double that of the
general population and as high as 80 percent Disability and poverty are linked: 20 percent
of the world’s poor are disabled
People with disabilities are:
• Able to work• Many want to work• Research shows they
made good employees overall
• Many have work histories and skills, especially those who have work-related disabilities
Disability and Decent Work
Decent work and disability
• People with disabilities overall– Face social exclusion, discrimination– More likely to be poor and out of the labour force---
with as many as 50 to 90 percent unemployed– Make less money when they do work at less decent jobs
• Injured workers– Face barriers to returning to work– Returning rates vary from 40 to 70 percent for back
injured according to recent study of some Western countries (ISSA, 2002)
What is the ILO doing to improve the situation for
people with disabilities?
• Knowledge: Country studies, Web site, examples of good practice
• Advocacy: Promotion of standards, BMF, Code; engagement of social partners; raising awareness
• Technical assistance: Policy advice, projects, awareness training, technical training, etc.
Means of Action
• ILO Recommendation 99 Concerning Vocational Rehabilitation, 1955
• ILO Convention 159 Concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983
• ILO Recommendation 168, 1983• ILO Code of Practice for Managing Disability
in the Workplace, 2002
ILO Disability-specific standards
• Decent work for all - non-discrimination• Government policy on vocational rehabilitation• Equal treatment and equal opportunity• Involve all disability groups, women and men, rural
and urban• Tripartite consultations, plus disabled persons • Mainstreaming in training and employment,
whenever possible• Special measures allowed, such as affirmative
action• Trained personnel
ILO Principles
ILO Code of practice for managing disability in the workplace: Targets employers
• Provides practical guidance to ensure equal opportunities and treatment of disabled workers in the workplace
• Identifies duties of competent authorities, workers’ representatives and employers
• Addresses the specific issues related to recruitment, promotion, job retention and adjustments for disabled workers
• Promotes safe and accessible workplaces
• Minimizes employer costs related to disability
• Maximizes contributions of employees with disabilities
Why should trade unions get involved with workers with
disabilities?
Why Should Trade Unions
Get Involved? Mission/history
• Workers’ Compensation• Social Protection• Related Issues
Philosophy• Concern about rights and equity• Solidarity
Community linkages and capacity
Linkages
Workers organisations
Workersinjured on
the job
Disabled Peoples‘ Organi-sations
The School-System
Vocational Counselling
and Guidance
Placement
Services
Ministry of Labour and/or
Employment
Employers’
Organisa-
tions
Vocational Rehabilitation
Centres
Job Seekers
with Disabilities
Vocational Training Centres
Co-Workers
TheMedia
What cantrade unions do to help people
with disabilities?
What is your trade union
doing?
What does the ILO say about what
trade unions can do?
Convention 159 (1983)
Develop a national policy on vocational rehabilitation
Consult with employers and workers
Promote cooperation and coordination
Recommendation 168: Specific Guidance for Employers & Workers Adopt an internal policy Contribute to national or local policy on VR Participate on boards of NGOs Cooperate with specialists to reintegrate disabled workers injured on the job Facilitate employment of other disabled persons Operated vocational rehabilitation services
whenever possible and include disabled persons in existing services
Recommendation 168: Specific Guidance for
Workers’ Organizations Promote participation of disabled workers on shop
floor Propose guidelines for VR and protection of
disabled workers in collective agreements, regulations, arbitration awards, etc.
Offer advice on the shop floor with regard to disabled workers’ issues
Raise disability issues at trade union meetings Inform members through publications, seminars
etc.
ILO Code of Practice on Managing Disability in the Workplace
- Advocate for employment and training- Encourage PWDs to join and take leadership roles- Represent disabled worker interests in all activities and
negotiations- Train and sensitize members about disability- Promote a healthy workplace- Promote introduction of disability management strategies- Raise employers’ awareness about laws and standards- Encourage members to cooperate in return to work
programs- Serve as a model employer and integrate all aspects of the
Code in hiring and managing disabled employees
What are some examples of what trade unions have
done?
Fostering Community Integration
Example: Assembly of Trade Unions, Japan
• 1970s request from a member with a disabled child
• Established a foundation supported by sale of matches, later tissues
• Started a counseling service/telephone hotline for parents
• Parents lobbied for railway accessibility• Established a vocational experience
program for youth with disabilities
Providing Training and Skills Development
Example: Federation of German Trade Unions
Position paper stating policy for integrated employment
Supports access to apprenticeships for disabled persons, especially for women with disabilities who face double discrimination
Advocates for union activities that promote overall social integration, including accessible transportation
• Operates 3 employment support for people with disabilites
• Services include: assessment, counseling and guidance,work, vocational training, supported employment, placement• Former union members as job coaches
Kanagawa Regional Council of the Japanese Electrical
Electronic and Information Union
Providing Training and Skills Development
Providing Training and Skill Development
Example: Trade Union Federation, DIGNITE,Cote d’Ivoire
Created a fellowship program so students with a disabilities can attend school
Organize and facilitate vocational training and apprenticeships for school leavers with disabilities
Improving Employment Practices
Example: Trade Union Federation in Cote d’Ivoire
Created an internal unit for people with disabilities
Are lobbying for national employment legislation for disabled persons to include a quota, special fund, and support for micro-enterprise and cooperative development
Improving Employment Practices
Example: The Irish Congress of Trade Unions
Published and disseminated the Charter of Rights of People with Disabilities
Lists 18 fundamental rights to full equality of people with disabilities
in the workplace
Promoting the Rights and Reintegration
of Injured/Disabled Workers Example: IAM Boeing Health and Safety Institute
for Returning Injured Workers to the Job
A labour-management program
Provides return to work services that include early intervention, quick responses, professional case management, job accommodations etc.
The union’s IAM CARES program provides services, which are paid by the employer according to a collective bargaining agreement
Promoting the Rights and Reintegration
of Injured/Disabled Workers Example: Finnish Employees’ Confederation
Cooperates with employers to prevent industrial accidents through on-the-job measures, training, ergonomic adaptation etc.
Operates training programs and reintegration schemes for injured workers
Serving as a Model of Inclusion
Example: Unison, British trade union
representingpublic workers
Organizes union and vocational training programs for members with a disabilities
Uses ergonomic measures to facilitate workplace integration
Promotes awareness raising campaigns Uses member subscription and private funds
Serving as a Model of Inclusion
Example: American Postal Workers Union
Set-up a special task force for deaf workersHolds several seminars for hearing impaired
workersMembers serve on committees to resolve
disability issuesConvinced the postal service to issue the
special “I love you” sign language stamp
What could your union do?
A Summary: What You Can
Do National: - Advocate for legislation and policy. Community: - Collaborate with social partners/others.
- Promote awareness. Union: - Develop internal policies and codes of
practice.- Inform and educate members.- Provide assistance to disabled workers/
their families.- Protect workers rights related to disability issues.
Enterprise: - Collaborate with management.- Represent worker interests on shop
floor.- Assist disabled workers.
How to Begin
Get to know disabled people, especially your
disabled members Learn about legislation and policy related to
disability Talk to other social partners Reach out to organizations of and for
disabled persons Find out about what other unions have done Determine what the needs are in your
country Find support within your union and form a
committee to study the issue Develop a plan of action
What specifically will you do?
_______________________________________________________________________________________________
For more information
ilo.orgilo.org/abilityasia