1. Human Rights

Human rights are basic rights and freedoms that all people are entitled to regardless of nationality, sex, national or ethnic origin, race, religion, language or other status.

Human rights include civil and political rights, such as the right to life, liberty and freedom of expression; and social, cultural and economic rights including the right to participate in culture, the right to food, and the right to work and receive an education.  Human rights are protected and upheld by international and national laws and treaties.

The Universal Declaration of Human Rights (UDHR) is the foundation of the international protection system for human rights. It was adopted by the United Nations General Assembly on December 10th, 1948.  This day is celebrated annually as International Human Rights Day. The 30 articles of the UDHR establish the civil, political, economic, social and cultural rights of all people. It is a vision for human dignity that transcends political boundaries and authority, committing governments to uphold the fundamental rights of each person.  The UDHR helps guide Amnesty International’s work.

We also use these principles to help us define human rights and the issues we relentlessly fight for.

1.1. Human Rights, Meanings, Clarification

REFLECTION QUESTIONS

- Do you consider some of your human rights to be more important than others? If so, think about whether these are affected by your age, your family status, the place and the way you live.

- The importance of educating people on their human rights has been documented. How and where were you informed about your rights and how to exercise them?

- Why do you think there is a separate convention on the rights of children or of people with disabilities?

- Do you think that a person with disability who is unemployed should be supported through an unemployment benefit or a disability benefit?

- It is common practice that a person with disability is treated with leniency in the workplace, i.e. he/she is expected to work less or offer less. Do you agree with this practice and why?

- In each country, apart from the main international human rights organisations, there are small local or national organisations active in this area. Describe three such organisations in your area/country as well as the rights they defend.

Purpose

The purpose of this section is to clarify what human rights are and to outline the scope of rights, their implementation and their peculiarities.

We intend to focus on the historical course and evolution of the human rights to our days and to provide "food for thought" for further reading and reflection.

Expected results

Upon completion of the study of this section, you will be able to:

• Recall what human rights are and be familiar with the most important ones. You will also know a number of institutions and international organizations working to safeguard rights and recognize cases of rights violations in the population groups that are usually affected.

• Interpret and prevent breaches of rights and act respectfully of these rights. You will be able to raise concerns, and use examples and stories to correct breaches.

• Adopt acceptance and respect practices, reproduce rights-assuring standards, and transfer all of this beyond the population group you are interested in and to other vulnerable population groups (e.g. the elderly, migrants, etc.).

Introductory remarks

The field of human rights is a broad, difficult field that is changing and shaping according to time, place, conditions, etc. There has been a clear difficulty for the authors of this text to establish a framework that would satisfy the full size of this field whilst including all those elements that are necessary for the understanding and importance of the subject. In this effort, we have included a number of issues that lead (from general to specialist) to our ultimate goal, which is the rights of people with disabilities, and especially that of employment.

In the process of writing a paragraph, we have constantly found that every question and point referring to a human right relates and refers to many others, generating new questions and the need for further study. In this section we will describe what human rights and their origins are, as well as international organizations and declarations.

Certainly, for any scholar who would like to deepen their knowledge in the history and the theoretical approach of the subject, a further study of resources will be useful, some resources of which are mentioned below.

Introduction

The cylinder of Cyrus (6th century BC) is considered as the first constitutional charter of human rights. It included the safeguarding of rights such as freedom, freedom of religion, protection of racial discrimination, etc., which are still being questioned in many parts of our planet.

 Since the Cyrus cylinder to date dozens of texts, declarations and wars have been necessary to ensure respect of human rights to a certain extent. The Great Charter, the Declaration of Human Rights (1789), is a long-lasting achievement. The UN Declaration of Rights in 1948 seems to be the culmination of battles the human race had to fight for equality, justice, etc. This UN Declaration is the main, fundamental reference document for human rights and it has been ratified by all UN member states.

On the other hand, as mentioned above, human rights have mutated, evolved and been adapted to human life and its needs. In its introduction, the UN Declaration states: "The indifference and contempt of human rights have led to acts of barbarism revolting around human consciousness and the prospect of a world where people will be free to speak and believe, redeemed by terror and misery, has been proclaimed to be the highest pursuit of man ... "

In this sense, we always need to be aware and ready to reform the conditions in our society in order to ensure the safeguarding of human rights.

ACTIVITY

Before reading the following text, please visit the UN human rights channel on YouTube (https://www.youtube.com/user/UNOHCHR) and watch some videos at random. Videos are available in the 6 official languages of the UN. As an alternative, you can find material in your own language at https://www.unric.org.

Try to identify 5-10 human rights listed in the relevant videos and write them down on a piece of paper.

1.2. International bodies and declaration

What are Human Rights?

It is difficult to define what human rights are (Human Rights / HR). Wikipedia defines them as:

"Human rights are ethical principles that set specific standards of human behaviour and are usually protected as legitimate rights under national and international law."

Watch below a short video on the difficulty of defining human rights.

Human rights focus on people, relate to human existence, and highlight the uniqueness of everyone. According to the Council of Europe, the two basic principles of all human rights are: the principle of dignity and the principle of equality. According to the same organization their characteristics are:

a. They are inalienable. This means that you cannot lose them, because they are linked to the very fact of human existence, they are inherent to all human beings.

b. They are indivisible, interdependent and interrelated. This means that different human rights are intrinsically connected and cannot be viewed in isolation from each other. The enjoyment of one right depends on the enjoyment of many other rights and no one right is more important than the rest.

c. They are universal. This means that they apply equally to all people everywhere in the world, and with no time limit.

ACTIVITY

There are instances where the inalienable nature of rights can be removed by one's own actions. For example, the right of liberty is lifted for someone who is arrested for robbery. Can you think of 1-2 similar cases?

UNIVERSAL DECLARATION ON HUMAN RIGHTS 10 DECEMBER 1948

The Declaration consists of 30 articles affirming an individual's rights : 

Follow the link below and search for more material and activities.

https://www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=grk

ACTIVITY

Watch a short introductory video to get an idea of the breadth, form and meaning of human rights.

ACTIVITY

After completing the Study of the Declaration, you can certainly complete your next mission. Recognize the four personalities who have become famous for defending human rights in the photo below. Which human right(s) did they fight for?

1.3. Child Rights

• Read about UNICEF and its work, https://www.unicef.org, available in your language.

1.4. Jurisdictional bodies

INTERNATIONAL ORGANIZATIONS THAT DEFEND HUMAN RIGHTS

Thousands of organizations have been created around the world for defence of human rights and are working on this field. They can be official bodies of the states, non-governmental organizations or activist groups. These organizations are usually specialized in defending specific rights and in implementing programs at local or national level. We chose to introduce 3 of these organizations, but you certainly know more.

ACTIVITY

List 5 organizations that you know are active in defending rights. Focus on organizations active at local or national level.

United Nations Organization

The UN is an international organization formally established in 1945 and currently consist of 189 sovereign states. Its purpose is to maintain international peace and security, to develop friendly relations between nations, to promote social progress, better living standards and human rights. Its Member States are bound by the principles of the Charter of the United Nations, an international treaty that includes the rights and obligations of members of the international community. Its organs are: the General Assembly, the Security Council, the Economic and Social Council, the Trust Council, the International Court of Justice and the Secretariat (see also www.un.org). 

Council of Europe

The Council of Europe (CoE) is an international, intergovernmental organization, consisting of 47 European member states and headquartered in Strasbourg, France. It was founded in 1949 and its aims are to:

- Protect human rights, democratic pluralism and the rule of law

- Promote information and encourage the development of European cultural identity and diversity

- Find solutions to problems faced by European society (discrimination against minorities, xenophobia, intolerance, environmental protection, human cloning, AIDS, drugs, cross-border crime, etc.) in order to help consolidate democratic stability in Europe by supporting political, legal and constitutional reform (see also https://www.coe.int).

Amnesty International

Amnesty International was founded in 1961 by Peter Benenson as a global, independent, voluntary movement with 7 million members, activists and supporters at present, with structures and national departments and over 1.800 professional executives who are all fighting together for respect to human rights and to stop their violations.

Their vision is for every human being to enjoy all human rights referred to in the Universal Declaration of Human Rights and other international standards (see also https://www.amnesty.org).

Summary

In this section you have learnt what human rights and their characteristics are. You have also distinguished a series of rights that are at risk around the world and some of the organizations fighting for their defence.

In the next section, you will see the rights of people with disabilities.

ACTIVITY

Why do you think there should be a separate convention on the rights of children or of people with disabilities?

2. Human Rights PWID

2.1. Legal Context. ‘Subjects’ with rights, not ‘objects’ of charity

1.1 Guiding Principles of the Convention  for the Rights of Persons with disabilities

ACTIVITY

Please follow the link to download the CRPD in Easy-to-Read format (simplified / easy to understand version) https://www.odi.govt.nz/assets/Uploads/easy-read-un-convention.pdf. Then read it and discuss it with your child in order for them to get familiarised with their rights.

ACTIVITY

Watch this video together with a person with intellectual disability you support. Ask this person which rights she/he finds difficult to exercise. Think together of ways to empower the PWID to have full access to her/his human rights.

Know your Rights: A Guide for Self-Advocates 

2.2. Achievements and challenges

ACTIVITY

Watch this video: Nadia Clark, a young woman with disability, explains why human rights for disabled people are essential. 

What has Nadia achieved? What challenges is she facing?  Compare her story with similar stories from persons with disabilities in your country.

2.3. Filling the gap between policy and practice

And last but not least

·  We should always involve people with disabilities as the main agents of change. People with disabilities have unique insight on disability and their situation. They are entitled to have control over their lives and therefore need to be consulted on issues that concern them directly – whether in health, education, rehabilitation or community living. Self-advocacy skills and supported decision-making may be necessary to enable some individuals to better communicate their needs and choices.

Activity ideas

• Talk to people in your community about the convention
• Take some photos that exemplify what Human rights mean to you
• Choose an article from the convention that is important to you, then make a video about it and post it on YouTube
• Watch the following video
  

2.4. Human Rights in action – Self-advocacy

People who have acquired self-advocacy skills are empowered to organise their thoughts and express themselves more effectively, to articulate their wishes and to communicate them to others. In this way they can exercise their human rights. They can have choices and control in their lives. Self-advocacy skills support people to achieve independence and self-determination to the best of their abilities.

 A ‘conceptual framework’ of self-advocacy for students with disabilities features four key steps that are required to become an effective self-advocate:

• Knowledge of self
• Knowledge of rights
• Communication of knowledge of self and rights
• Leadership

(A Conceptual Framework for Self-Advocacy David Test et al – University of Carolina at Charlotte 2015)

Activity ideas

Give a title to the following sketch.

2.5. Human Rights in action – Person-centred planning

"It is so easy to change our language without changing our structure or our culture" John O'Brien

What person-centred planning is?

Person-centred planning is a set of approaches designed to assist an individual with intellectual disability to develop a plan on community participation and quality of life. It was initially developed as an answer to traditional models of planning, which have been focussed on the person's deficits and negative behaviours, labelling the person and creating a disempowering mindset from the start. Human rights are at the very core of person-centred planning, which aims to give people with intellectual disabilities the opportunity to actively participate in decision-making and to have control over the support they need in order to live a good life and make a valued contribution. Person-centred planning discovers and acts on what is important to a person. It is a process of continuous listening and learning, focussing on what is important to someone now and in the future, and acting on this in alliance with their family and friends. This shifts from the model of care, where an individual receives support determined by professionals, to one that has the individual firmly at the centre.

Person-centred planning is anchored in the person's natural community and personal relationship network. In this view, it offers a platform for the person and his/her trusted allies to identify and express his/her vision and commitments without limiting that expression to what can or will be provided by the service system.

The principles of person-centred practice

The principles of person-centred practice are about listening, sharing power, responsive action and connecting with citizenship. In writing about these principles Thompson et. al. (2008) suggest they are designed with an implicit hierarchy and that each principle underpins and interconnects with the others. As an example, they suggest it is not possible to share professional power effectively without listening to what is important to a person first. Each of these four principles is described below:

Listening

Listening in person-centred practice involves listening both to what is important to someone and what is important for them.

Sharing power

Person-centred approaches challenge power balances between people with learning disabilities and professionals.

Responsive action

Listening is insufficient on its own if there is no sense of a clear intention of acting on what is heard. Responsive action involves being clear about what we are responsible for in our professional roles with people and what is outside our sphere of influence or none of our business. In the exchange model there is a core assumption that the person is the expert of their own life problems, and professional expertise lies in helping to create a shared understanding of the person in the situation, to go shaking, problem-solving and co-designing solutions.

Person-Centred Planning Tools  (MAPS and PATH)

Person-Centred Tools support person-centred thinking and skills. They can be used in a variety of situations and help to plan, organise, understand and connect with others. Two commonly used set of tools in the development of a person-centred plan are MAPS (Map Action Planning System) and PATH (Planning Alternative Tomorrows with Hope).  Both of these methods use a graphic process in a meeting where the person in the centre has invited people that they have chosen. It is important that the person and their support circle are well supported and prepared for the meeting.

MAPS was developed by John O’Brien, Marsha Forest, Jack Pearpoint, Judith Snow and David Hasbury in the mid 1980’s. It asks a series of questions that individuals can use to develop a plan of action. MAPS is comprised of steps drawing a positive picture of a person through a group of invited people.

MAP Graphic Example

 

PATH was developed by John O’Brien, Marsha Forest and Jack Pearpoint in the beginning of the 1990s. It is like, MAPS, a graphical model for planning that helps people find direction and build strength. 

PATH Graphic example

Activity ideas

·         Watch the following video and reflect on the nature of support you want for your child. 

2.6. From service users to contributing citizens

Citizenship can be a helpful, contemporary and inclusive framework to promote human rights of persons with intellectual disabilities and provide a source of inspiration for action.

According to Simon Duffy, a social innovator and pioneer of de-institutionalisation in the United Kingdom, citizenship has the following three interrelated dimensions:

•      Freedoms - independent, able to express your own views and build your own life

•      Rights - with rights to support and protection, being free from harm and discrimination

•      Duties - responsible, contributing to family, community and national life.

Citizenship is impossible without each of these dimensions and each supports the other.

Starting with an assumption of shared citizenship, we can then seek to build the kind of society that makes citizenship real for everyone. In this way we can work towards building a society that is capable of achieving and balancing three distinct, but interconnected outcomes:

1        Equality - all citizens are equal, not by being the same, but by being equal in status, equal in dignity, within the community.

2        Difference - citizens are different, they bring together different needs and gifts, and it is from the respectful combination of these that community is built.

3        Justice - citizenship is achieved by a shared commitment of community to treat each other as equals and to fund its laws and institutions upon that equality.

Simon Duffy argues that being a citizen means living a full life, contributing to and be connected to other people and the community. The Centre for Welfare Reform, a citizen think tank, identified 7 keys to citizenship:

1        Purpose  - Citizens can live with purpose, build on their own distinct gifts and needs and set their own goals.

2        Freedom  - Citizens can be free, can make their own choices and shape the best life that makes sense to them.

3        Money  - Citizens have enough security of income that they are not unduly dependent on other people but can pursue their own goals.

4        Home  - Citizens are part of the community, they have a safe and private home that they can control and use to build a life.

5        Help  - Citizens need other people, they are not isolated, instead they give other people the chance to help and to share their gifts.

6        Life  - Citizens join in community life, they make a difference within their community and they contribute in ways that make sense of their own gifts.

7        Love  - Citizens are part of families, form friendships, fall in love and have their own families.

The citizenship model provides an account of how people with or without disabilities can come together in society in respectful and sustainable relationships.

For further reading and resources on the concept of citizenship visit the site of Citizen Network,  an international cooperative which brings people together, from all around the world, to support each other to create a world where everyone matters.

Activity ideas

·        Have you ever felt trapped in "Serviceland" ?

"Life is a daring adventure or nothing at all".  Do you think that this quote can apply to your child with disability?

Summary

In this section you have learnt about the rights of people with disability, the danger of exclusion if a person’s rights are compromised, the importance of PWID participating in decision-making and life-planning.

In the next section, we will focus on one of the human rights. Choosing one right as more important than others is arbitrary and often dangerous, but it is commonplace for reasons that have more to do with how timely and necessary a certain right is in each society. In this module, focusing on adulthood of people with intellectual disability, we have chosen to focus on the right to employment as it plays an important role in self-realization, self-development, as well as social inclusion.

Our focus will be on two levels: firstly, on the importance of employment for all people, and then especially on people with disabilities.

ACTIVITY

According to international research, the percentage of people with severe disability in employment is under 10%. What are the reasons behind this? Which rights of PWID have been breached leading to him/her being unemployed?

3. Employment

Purpose

The purpose of this section is to highlight the value of employment as a human right as well as its importance for self-realisation.

We intend to focus on the theoretical approach to and the value of employment.

Expected results

Upon completion of the study of this section, you will know why employment is important part of a person’s life, you will be familiar with the different types of employment and you will understand why it is considered as one of the most important human rights.

Let’s begin with this inspirational video!

3.1. Employment, theoretical approach

Employment is a relationship between two parties, usually based on a contract where work is paid for, where one party, which may be a corporation, for profit, not-for-profit organization, co-operative or other entity is the employer and the other is the employee.

Employees work in return for payment, which may be in the form of an hourly wage, by piecework or an annual salary, depending on the type of work an employee does or which sector she or he is working in. Employees in some fields or sectors may receive gratuities, bonus payment or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits can include health insurance, housing, disability insurance, etc. Employment is typically governed by employment laws, regulations or legal contracts.

WHY IS WORK IMPORTANT?

The status of work in contemporary societies is the result of a long historical process. Work has become a central organising feature of both the rationality and the ethics of our societies.

Besides the obvious economical relevance, work is also central in several other dimensions, namely in its role as a socializing mechanism, as a source of social exchanges, and as a feature of individual identity. Work subsequently can be seen as the pillar of social organization, but also, to a large extent, as an important pillar of the existential organization of individuals. It is precisely because of this that work has become a fundamental feature in many dimensions of social inclusion, such as health, housing and interpersonal networks. Let's summarize the importance of work both at the individual and the societal level:

• For individuals, work is an important feature in structuring:

i)                   personal and social identity

ii)                 family and social bonds

iii)              ways of making money

iv)               accessing a number of essential and non-essential goods, services and activities

v)                 daily routines

vi)               physical and mental well-being

vii)            self-confidence and self-esteem and a sense of self-worth provided by the feeling of contributing to society or the common good

• For societies, work is an important feature in:

i)                   promoting community cohesion and safety

ii)                  increasing civic participation

iii)              promoting social and economic development

iv)               organizing social life

Thus it is widely acknowledged that work plays a positive role as a source of well-being and social integration.

ACTIVITY

Employment is considered to be one of the most important adult roles of a person. Please refer to the relevant section in the “Transition to Adulthood” module LINK (στο 3.2 During Life Planning) and study the process of transitioning to adulthood.

3.2. Employment as a right. International bodies and policies.

Article 23. The right to work

 (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

IMPORTANT TERMS OF THE ARTICLE

Remuneration: is considered the pay or other compensation provided in exchange for the services performed. In plain words it means that the employee must be rewarded for his/her work.

Trade union:  is an organization of workers who have come together to achieve many common goals; such as protecting the integrity of its trade, improving safety standards, and attaining better wages, benefits (such as vacation, health care, and retirement), and working conditions. 

Employment discrimination is a form of discrimination based on race, gender, religion, nationalorigin, physical or mental disability, age, sexual orientation, and gender identity by employers.

Analysis of the article

The human right to work recognizes work as something to which each and every individual is entitled to. The right to work means, first of all, the right to participate in the producing and servicing activities of human society and the right to participate in the benefits accrued through these joint activities to an extent that guarantees an adequate standard of living. The right to work thus ensures that nobody is excluded from the economic sphere.

The type of work a person does depends on access to resources, education and training. Work can be enjoyed as a salaried or a self-employed person. A crucial feature of work is that it allows persons to earn their living.

The right to work means that work and access to resources are distributed in a way that allows for the participation of everyone who wants to work. The right to earn one’s living, as discussed above, implies, at a minimum, that the benefits derived from these economic activities should be enough to reach an adequate standard of living.

The right to work is not satisfied by participation in just any type of economic activity. In fact, it includes "the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts." There is an important element of choice and freedom in the economic activity to earn one’s living. The right to work therefore means not only that work is distributed in a way that allows for the participation of everyone, but also that a person’s preference in how to earn his or her living is a human rights guarantee as well.

Favorable conditions:

 Employers are obliged to ensure fair wages, equal pay for equal work, and equal remuneration for work of equal value. Workers should be guaranteed a minimum wage that allows for a decent living for themselves and their families. Working conditions must be safe, healthy, and not demeaning to human dignity. Employees must be provided with reasonable work hours, adequate rest and leisure time, as well as periodic, paid holidays.

3.3. The right to employment

The three essential pillars of the right to work:

• Availability. States must ensure the existence of tailored services to help people to identify employment opportunities and find work.
• Accessibility. Access to work involves three key elements: non-discrimination, physical accessibility and information accessibility. Discrimination in access to and continuation of employment is prohibited. States must ensure that reasonable accommodation is made so that work places are physically accessible, particularly for persons with physical disabilities. Everyone has the right to seek, obtain and impart information on employment opportunities.
• Acceptability and quality. The right to work comprises of several interrelated components, including the right to choose and accept work freely, just and favourable conditions of work, safe working conditions, and the right to form trade unions.

Summary

In this section, we have focused on the value of employment, the theoretical approach to employment and the various types of employment.

In the next section, we will focus on employment as an important human right for people with disability.

ACTIVITY

Think of five things that a person gains from his/her work.

4. Employment for PWID

Purpose

The purpose of this section is to raise awareness on the importance of employment as a human right for people with intellectual disability.

1.      Employment as a fundamental right for people with intellectual disabilities

2.       Barriers to employment for persons with intellectual disabilities

3.      Employment policies for people with intellectual disabilities 

4.      Employment options for people with intellectual disabilities

          A. Sheltered employment

          B. Supported employment

          C. Self-employment - Social Enterprises

Here is a video that gives “food for thought”

4.1. Employment as a fundamental right for people with intellectual disabilities

The right to work is a fundamental human right. As mentioned in the previous chapter, the Universal Declaration on Human Rights recognizes that everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment (Article 23, Paragraph 1). The UN Convention on the Rights of People with Disabilities (CRPD) also recognizes  in its Article 27 “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”. This includes prohibition of discrimination, protection of rights, access to education, employment in the public and private sector, possibilities for self-employment and support in order to maintain employment on equal terms with others.

4.2. Barriers to employment for persons with intellectual disabilities

Holding a job provides a high number of benefits including creating economic self-sufficiency, social networks and a sense of self-worth. Despite adequate frameworks that protect the right of people with disabilities to work, in practice these persons are often deprived of their right to work or are limited to jobs that do not meet their needs and desires. Recent surveys show that unemployment among people with different kinds of disabilities in the EU is more than twice as high as for the general population.  See http://ec.europa.eu/eurostat/statistics-explained/index.php?title=Disability_statistics__labour_market_access#Main_statistical_findings. Particularly for people with intellectual disabilities, the situation is even worse although there are signs of improvement.   http://www.communitycare.co.uk/2007/05/30/employment-barriers-for-people-with-learning-disabilities/.

The progress towards comprehensive inclusive employment has numerous barriers such as:

·         Negative employer attitudes;

·         Lack of skills of individuals with intellectual disabilities;

·         Lack of information about employment opportunities;

·         Lack of adequate adjustments in the workplace;

·         Inadequate incentives and programs promoting inclusive employment.

4.3. Employment policies for people with intellectual disabilities

The European Disability Strategy 2010–2020, adopted in 2010, refers directly to employment and sets the objective of raising the number of persons with disabilities working in the open labour market in the EU significantly over the next years. A wide range of employment promotion policies and initiatives have been developed over the last years. These include quota obligations, tax relieves, subsides, preference in public procurements, the right to an interview, assistance in adaptation of the workplace, employer incentives, rights to flexible working, job matching, personal assistance at work, support for self-employment, etc.

Employment & Quota Obligations

The setting of quota means that the state establishes a minimum number of jobs to be ensured by the employers to hire persons with disabilities.

The majority of European countries maintain some form of employment quota obligation relating to people with intellectual disabilities. These include: Austria, Belgium, Bulgaria, Cyprus, The Czech Republic, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxemburg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia and Spain. There is no effective quota system in Denmark, Estonia, Finland, Iceland, Latvia, the Netherlands, Norway, Sweden or the United Kingdom. Gundersen (2008) identifies three basic models for disability employment quotas in Europe:

• Legislative recommendations

• Legislative obligations, without effective sanctions

• Legislative obligation backed by sanctions (levy-grant system) 

Within this framework the legal existence of quota-systems is no guarantee of full implementation as intended, and there are national differences with regard to the definition of disabled workers counting for quota places. This depends on mechanisms of implementation and enforcement of the legal decision. Even in the public sector there have been difficulties in meeting implementation obligations. The size of companies obliged to apply quotas and the numbers to be employed, also varies between the countries.

4.4. Employment options for people with intellectual disabilities

There is a relative lack of information about the types of jobs and sectors that people with intellectual disabilities are employed in. It is clear that people with intellectual disabilities are employed in a broad range and wide variety of jobs with a large number of them employed in low-skilled jobs. The jobs that people with intellectual disabilities may get depend on culture, economy and working policies. Therefore, they are different from country to country, for example between the primary sector and service sectors. The more common employment options for PWID are the following:

A.    Sheltered employment: it has a variety of labels throughout research including sheltered workshops, sheltered industries, training workshops, rehabilitative workshops and work centres to name a few, but the core characteristics are the same

B.     Employment in open labour market through supported employment schemes: supported employment is a method of working with disabled people and other disadvantaged groups to access and maintain paid employment in the open labour market.

Supported employment is based on the following six principles:

 1) eligibility of the person is based on the person’s choice, and therefore no one is prevented from participating;

 2) supported employment is incorporated in other support services and the employment specialists arrange plans and goals with the support team;

 3) competitive employment is the goal, focusing on local full-time or part-time employment that pays at least minimum wage and is open to anyone;

4) a job search begins almost immediately after the person conveys an interest in employment, and there are no prerequisites required prior to this process;

 5) follow-up support systems that work on a steady basis, and individualized provisions continue until the person no longer wants assistance;

 6) the preferences of the person are essential, and the options and choices regarding work are founded on the person’s requirements and skills.

Supported employment example:

4.5. Supported Employment Toolkit

Supported Employment Toolkit defines the differences with this methodology and other support mechanisms currently being used around Europe and is provides the position of the European Union of supported employment regarding the values, standards and process of supported employment.

Supported employment is completely consistent with the concepts of empowerment, social inclusion, dignity and respect for individuals. Within Europe, agreement has been reached on the values and principles that should be present at all supported employment stages and activities and adhere to full citizenship rights of individuals:

·         Individuality – Supported employment regards each individual as unique, with his / her own interests, preferences, conditions and life history.

·         Respect – Supported employment activities are always age appropriate, dignifying and enhancing.

·         Self-determination – Supported employment assists individuals to improve their interests and preferences, express their choices and define their employment / life plan according to personal and contextual conditions. It promotes the principles of self-advocacy by service users.

·         Informed Choice – Supported employment assists individuals to understand their opportunities fully so they can choose consistently within their preferences and with an understanding of the consequences of their choices.

·         Empowerment – Supported employment assists individuals to make decisions on their lifestyle and participation in society. Individuals are centrally involved in the planning, evaluation and development of services.

·         Confidentiality – A supported employment service provider considers information given by individuals to them as confidential. The PWID has access to his/her personal information gathered by the provider and any disclosure is at the discretion of and with the agreement of the individual.

·         Flexibility – Staff and organizational structures are able to change according to the needs of service users. Services are flexible and responsive to the needs of individuals and can be adapted to meet specific requirements.

·         Accessibility – Supported employment services, facilities and information are fully accessible to all people with disabilities.

·         The values and principles of supported employment are bases on a 5-stage process/methodology that has been identified and acknowledged as a European model of good practice, which can be used as the framework within supported employment.

·         Engagement – Underpinned by the core values of accessibility to ensure informed choices are made.

·         Vocational Profiling – Ensuring empowerment to the individual throughout the process.

·         Job Finding – Self-determination and informed choice are key values in supported employment.

·         Employer Engagement – Accessibility, flexibility and confidentiality are key values to be nurtured through this process.

On/Off Job Support – Flexibility, confidentiality and respect are the key components to successful support measures. Support measures particularly refer to situations when the individual is in paid employment and are delivered through the provision of an Employment Support Worker/Job Coach.

4.6. Self-employment - Social Enterprises

C. Self-employment - Social Enterprises

Due to a labour market that is often unfriendly to persons with disabilities, self-employment has often been seen as one of the few options available – indeed, it is for many persons with disabilities the only real option for work. About 80 percent of persons with disabilities live in developing countries where informal economy is widespread, and where a large part of income opportunities are created through informal own-account enterprises or similar. To this end, the CRPD calls on State parties to promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one’s own business.

Business start-up programs focusing on persons with disabilities or general programs that give priority to persons with disabilities seem to be among the most common choices for promoting self-employment. While some countries provide financial support specifically targeted to persons with disabilities wishing to engage in self-employment, others have adopted legislation to give preference to projects by persons with disabilities. Many countries encourage persons with disabilities to form associations or social enterprises.

Despite the availability of a wide variety of promotional programs for self-employment, in practice, persons with disabilities often find themselves in situations where they are denied support to start a business due to barriers in accessing loans, credit guarantees or similar financial assistance. The provision of funding for self-employment schemes should be fully inclusive of persons with disabilities and should not discriminate against them in any way.

 Social enterprises can be structured as a for-profit or non-profit and they have both business goals and social goals. As a result, their social goals are embedded in their objective, which differentiates them from other organizations and corporations. A social enterprise's main purpose is to promote, encourage and make social change.

Despite their diversity, social enterprises mainly operate in the following 4 fields:

• Work integration - training and integration of people with disabilities and unemployed people
• Personal social services - health, well-being and medical care, professional training, education, health services, childcare services, services for elderly people, or aid for disadvantaged people
• Local development of disadvantaged areas - social enterprises in remote rural areas, neighbourhood development/rehabilitation schemes in urban areas, development aid and development cooperation with third countries
• Other - including recycling, environmental protection, sports, arts, culture or historical preservation, science, research and innovation, consumer protection and amateur sports

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ACTIVITY

Discuss employment options and which one would be more suitable for him/her with your child.

Summary

In this section, which completes the module on “Human Rights”, we have focused on PWID’s right to employment. We have analysed various types of employment and looked at the possible barriers and reality.

We hope that upon completion of this module, you are now in a position to acknowledge the importance and protect the rights of PWID, mainly their right in active participation in decision making, social inclusion, as well as fulfilling adult roles such as that of employment.

We would recommend that you continue your navigation through our e-learning platform in order to study other human rights of people with disability.

Thank you for your participation!

5. References