WHO's International Classification of Functioning and Disability

advertisement
Decent Work and People with
Disabilities:
The Role of Trade Unions
Debra A. Perry
Senior 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
• Causes
 Birth Defect
 Accident
 Illness
 Other
– Observable
– Invisible
Gender makes a huge difference
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
Human rights issue
Economics
of disability
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
International conventions and
initiatives
•
•
•
•
•
•
•
•
•
•
•
•
•
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
Asia and Pacific Decade of
Disabled Persons 2003-2012
• 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
National approaches: changing
legislation
Charity Law, No Law
Welfare 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
Changing concepts: The new
disability business case
• 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
So why aren’t more
disabled people
working?
What barriers to do
they face?
Barriers to Decent Work
Negative attitudes
and stereotypes
Lack of data
Lack of policy
support/integration
Unequal access to
education, training and
employment services
Psychosocial issues
Lack of trained and
unbiased personnel
Lack of
accessibility
Lack of support
services and
information geared
to their needs
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
Disability and Decent Work
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
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?
Means of Action
• 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.
ILO Disability-specific
standards
• 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 Principles
•
•
•
•
•
•
•
•
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 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
The
Media
CoWorkers
The
SchoolSystem
Workers
injured on
the job
Disabled
Peoples‘
Organisations
Job
Seekers
with
Disabilities
Vocational
Rehabilitation
Centres
Workers
organisations
Vocational
Training
Centres
Vocational
Counselling
and
Guidance
Placement
Services
Ministry of
Labour
and/or
Employment
Employers’
Organisations
What can
trade 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
Providing Training and Skills
Development
• 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 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 microenterprise 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 representing
public 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 workers
 Holds several seminars for hearing impaired
workers
 Members serve on committees to resolve
disability issues
 Convinced 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:
 Community:
 Union:
 Enterprise:
- Advocate for legislation and policy.
- Collaborate with social partners/others.
- Promote awareness.
- 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.
- 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.org
ilo.org/abilityasia
Download