Abstract
While the lack of employment opportunities has significantly contributed to the social and economic marginalization of persons with disabilities, the right to work is now clearly set out in Article 27 of the newly enacted Convention on the Rights of Persons with Disabilities, es-tablishing the obligation of states to promote the employment of persons with disabilities in the open labour market, including through the adoption of affirmative action measures. This thesis explores the value of affirmative action as a tool to further the rights of persons with disabilities in the work environment. In doing so, it traces the emergence of disability rights and the particularities of the right to work as a human right. In view of the importance of pri-vate employers for providing work, the thesis examines the interplay between the CRPD and the UN Guiding Principles for Business and Human Rights in relation to the right to work of persons with disabilities. In view of the controversies around affirmative action, it examines the business case for disability human rights , identifying the shared responsibilities of states and non-state actors for giving effect to the right to work and employment of persons with disabilities. Providing empirical evidence on affirmative action in four different states, the thesis finds that the impact of affirmative action measures on the right to work and employ-ment of persons with disabilities is rather limited. Identifying the persisting prejudices and negative attitudes towards disabled people as both a reason for the low employment rate and as an obstacle to the impact of affirmative action measures, the thesis finds that the lack of adequate enforcement mechanisms constitutes is severely limiting the impact of affirmative action measures. The thesis suggests a need to further analyze the shared responsibilities of states and non-state actors with regard to disability human rights and to clearly bring forward the business case for disability human rights.
While the lack of employment opportunities has significantly contributed to the social and economic marginalization of persons with disabilities, the right to work is now clearly set out in Article 27 of the newly enacted Convention on the Rights of Persons with Disabilities, es-tablishing the obligation of states to promote the employment of persons with disabilities in the open labour market, including through the adoption of affirmative action measures. This thesis explores the value of affirmative action as a tool to further the rights of persons with disabilities in the work environment. In doing so, it traces the emergence of disability rights and the particularities of the right to work as a human right. In view of the importance of pri-vate employers for providing work, the thesis examines the interplay between the CRPD and the UN Guiding Principles for Business and Human Rights in relation to the right to work of persons with disabilities. In view of the controversies around affirmative action, it examines the business case for disability human rights , identifying the shared responsibilities of states and non-state actors for giving effect to the right to work and employment of persons with disabilities. Providing empirical evidence on affirmative action in four different states, the thesis finds that the impact of affirmative action measures on the right to work and employ-ment of persons with disabilities is rather limited. Identifying the persisting prejudices and negative attitudes towards disabled people as both a reason for the low employment rate and as an obstacle to the impact of affirmative action measures, the thesis finds that the lack of adequate enforcement mechanisms constitutes is severely limiting the impact of affirmative action measures. The thesis suggests a need to further analyze the shared responsibilities of states and non-state actors with regard to disability human rights and to clearly bring forward the business case for disability human rights.