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The Duty to Respect, Protect, and Fulfil Obligations of the Right to Work

Taken as a whole, States’ obligations relating to the right to work include:

  1. Obligation to respect:

    States must respect the right to work by ensuring that State actors, such as government officials, do not interfere with the exercise and enjoyment of the right by persons with disabilities.

    Example: The State provides legal protections recognizing the right of persons to work, including legislatively protecting the right to be free from discrimination on the basis of disability and the requirement that reasonable accommodation be provided.

    Example: The State provides legal protections to ensure that persons with disabilities are not forced into jobs not of their own choosing.

  2. Obligation to protect:

    States must protect the right to work by ensuring that non-State actors, such as businesses and trade unions, do not interfere with the exercise and enjoyment of the right.

    Example: The State enacts and enforces laws that protect persons with disabilities from discrimination in the private employment setting.

  3. Obligation to fulfil:

    States have an obligation to fulfil the right to work by taking positive action to ensure that persons with disabilities are able to exercise the right to work.

    Example: The State establishes specific hiring procedures in an effort to increase the number of persons with disabilities who apply for government positions.

    Example: The State develops a hotline and accessible website for employers to provide guidance on reasonable accommodations in the work environment for persons with a wide range of disabilities.

In sum, international human rights law strongly supports the right of persons with disabilities to work, not only to ensure access to employment, but also so that persons with disabilities may better enjoy their other human rights and fully assume their responsibilities as contributing members of society.

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