The Right to Work of Disabled Persons: A Comparative Study on Legal Framework and Policies in Some European Union Member States (Comparative Report)

Abstract

This article considers the right to work of people with disabilities from a comparative perspective. Current trends in national legislations on work and employment for disabled people show that, even though it has not yet been completely implemented, the social model of disability is increasingly adopted by many EU Member States. To fulfil international and European standards all the countries surveyed have developed anti-discrimination legislation on the grounds of disability. The core protection of disability is based on the obligation imposed on the employers to provide a “reasonable accommodation”. The ECJ judgements are playing a very important role in this context. Despite the development of national legislations the measures foreseen have low effectiveness. The participation rate of persons with disabilities in the open labour market tends to be considerably lower than that of other workers. Indeed, most of the EU Member States still spend many times more on cash transfers for income support than on the services promoting labour market integration. The increasing level of education of people with disabilities requires Universities’ commitment not only to ensure appropriate conditions for their full participation in the process of learning, but also to help disabled graduates in the process of transition from studies to the labour market. It is not enough for people with disabilities to have the right to work, they must be given the means to enable them to exercise that right. The pathway towards the dignity of decent work in an inclusive labour market is still narrow and uphill.