obligation of States to safeguard and promote the right to work, through measures that
include the following: “a) Prohibit discrimination on the basis of disability with regard to
all matters concerning all forms of employment, including conditions of recruitment,
hiring and employment, continuance of employment, career advancement and safe and
healthy working conditions;” “c) Ensure that persons with disabilities are able to exercise
their labour and trade union rights on an equal basis with others;” and “g) Employ
persons with disabilities in the public sector.”83
65.
The Committee on the Rights of Persons with Disabilities (hereinafter also the
“CORPD”) interpreted the scope of article 27 of the CRPD in its General Comment No. 6,
on equality and non-discrimination. The CODPD indicated that, in order to achieve de
facto equality in compliance with the CRPD, states must ensure that there is no
employment discrimination, for which they must also make reasonable adjustments that
include the adoption of measures such as “ensure that there is no discrimination on the
grounds of disability in connection to work and employment” and “ensure equal and
effective access to benefits and entitlements, such as retirement or unemployment
benefits.”84
66.
Also, in its General Comment No. 5 on persons with disabilities the Committee on
Economic, Social and Cultural Rights stated that “the ‘right of everyone to the
opportunity to gain his living by work which he freely chooses or accepts’ (art. 6 (1)) is
not realized where the only real opportunity open to disabled workers is to work in socalled ‘sheltered’ facilities under sub-standard conditions.” Similarly, the Committee
indicated that according to the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (hereinafter also "Standard Rules"), approved by the General
Assembly of the United Nations, "persons with disabilities, whether in rural or urban
areas, must have equal opportunities for productive and gainful employment in the
labour market.”85 The Standard Rules further establish that “[i]n their capacity as
employers, States should create favourable conditions for the employment of persons
with disabilities in the public sector.”86
67.
Additionally, the Court notes that the International Labour Organization
(hereinafter “ILO”) established in Convention No. 111 on Discrimination in Respect of
Employment and Occupation that states must “undertake [...] to declare and pursue a
national policy designed to promote, by methods appropriate to national conditions and
practice, equality of opportunity and treatment in respect of employment and ocupation,
with a view to eliminating any discrimination in respect thereof.”87 Similarly, Convention
159 on professional rehabilitation and employment, to which Costa Rica has been a party
since June 23, 1991, establishes that States must formulate, implement, and review a
national policy on vocational rehabilitation and employment of disabled persons. That
Convention also states that the policy must be based on the principle of equal
83
CRPD, article 27.
Committee on the Rights of Persons with Disabilities. General Comment No. 6. On equality and nondiscrimination, CRPD/C/GC/6, approved by the Committee at its 19th period of sessions (February 14 to March
9, 2018), para. 67.
84
Committee on Economic, Social and Cultural Rights. General Comment No. 5. Persons with Disabilities,
E/1995/22, of September 12, 1994, paras. 21 to 22.
85
Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the United
Nations General Assembly, 48th session, annex to resolution 48/96, article 7.5.
86
ILO, Convention Concerning Discrimination in Respect of Employment and Occupation, adopted on June
25, 1958 (Num. 111), article 2.
87
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