directly or indirectly with the enjoyment of that right.”77 In addition, it indicated that
“any discrimination in access to the labour market or to means and entitlements for
obtaining employment on the grounds of race, colour, sex, language, age, religion,
political or other opinion, national or social origin, property, birth or any other situation
with the aim of impairing the equal enjoyment or exercise of economic, social and
cultural rights constitutes a violation of the Covenant.”78
61.
This Court notes that specific obligations to protect the right to work of persons
with disabilities arise from Article 26 of the Convention, read in conjunction with articles
24 and 1(1). In this regard, the Court notes that, as indicated above, the right to equal
protection and the prohibition of discrimination entail for states a special duty to protect
the rights of persons facing vulnerability. This duty therefore includes respecting and
guaranteeing the right to work—a right protected by the Convention—of persons with
disabilities, as they are vulnerable persons. Thus, states must refrain from conduct that
violates the right to work as a result of acts of discrimination and must take positive
measures to protect persons with disabilities as much as possible by addressing the
circumstances specific to them.
62.
In this regard, the Court notes that the Additional Protocol to the American
Convention on Human Rights in the Area of Economic, Social, and Cultural Rights—the
“Protocol of San Salvador”—indicates in its article 18 that “[e]veryone affected by a
diminution of his physical or mental capacities is entitled to receive special attention
designed to help him achieve the greatest possible development of his personality.” The
article establishes that, to this end, the states parties undertake to adopt the necessary
measures for that purpose and, in particular, recognizes their obligation to implement
specific programs aimed at providing persons with disabilities the resources and
environment needed for attaining this goal, “including work programs consistent with
their possibilities and freely accepted by them or their legal representatives, as the case
may be.”79
63.
Additionally, the CIADDIS establishes a series of obligations that states must
fulfill in order to objective of “prevent[ing] and eliminat[ing] all forms of discrimination
against persons with disabilities and [...] promot[ing] their full integration into society.”80
To achieve this, states commit to adopting the “legislative, social, educational, laborrelated, or any other measures needed to eliminate discrimination against persons with
disabilities and to promote their full integration into society.”81 This includes the
measures necessary to “eliminate discrimination gradually and to promote integration
by government authorities and/or private entities in providing or making available goods,
services, facilities, programs, and activities such as employment [...].”82
64.
For its part, the CRPD recognizes “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.” Likewise, it establishes the
77
Cf. Committee on Economic, Social and Cultural Rights. General Comment No. 18, supra, para. 22.
78
Cf. Committee on Economic, Social and Cultural Rights. General Comment No. 18, supra, para. 33.
79
Protocol of San Salvador, Article 18.
80
CIADDIS, article II.
81
CIADDIS, article III.1.
82
CIADDIS, article III.1.a.
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