CONTENT OF THE RIGHT OF PERSONS WITH DISABILITIES TO WORK AND EMPLOYMENT UNDER THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Abstract

The article provides a comprehensive analysis of the correlation between the concepts of «labor» and «employment». The author examines the scientific approaches to the definition of these categories: from the traditional labor law approach, where labor is interpreted as a broader concept, to the socio-economic approach, within which the concept of «employment» is recognized as the broader one. It is proved that the scope and content of these concepts depend on the research paradigm, but in modern international law there is a tendency towards a comprehensive understanding of employment which includes labor and other forms of socio-economic activity. Particular attention is paid to the provisions of the UN Convention on the Rights of Persons with Disabilities (CRPD), which enshrines the right to work and employment in an interdependent and inseparable relationship. It is emphasized that the international standard goes beyond the narrow view of work as only paid activity and covers the right of persons with disabilities to all forms of employment, including self-employment, entrepreneurship and other types of professional activity. The author identifies the key obligations of the CRPD States Parties: ensuring openness, inclusiveness and accessibility of the labor market; introducing effective mechanisms to combat discrimination; guaranteeing fair and safe working conditions; creating opportunities for vocational education, training and retraining of persons with disabilities; supporting their right to join trade unions and participate in public organizations. The author concludes that it is necessary to harmonize Ukrainian legislation with international standards in order to form an inclusive labor market that will provide a real opportunity for persons with disabilities to realize the right to decent work and employment. It is emphasized that the fulfillment of these obligations is a key factor in achieving de facto equality, social protection and full integration of persons with disabilities into society.