Academic Articles

The following are a selection of abstracts or summaries of articles and reports concerning supported employment:

(A)  General

1. An Employment Opportunity or a Discrimination Dilemma?: Sheltered Workshops and the Employment of the Disabled (2013)

Article written by Laura C. Hoffman and published in the University of Pennsylvania Journal of Law and Social Change (2013 Volume 16, Issue 2)

For years, sheltered workshops have been viewed as a valuable option for employing individuals with disabilities. But as time has progressed and more careful consideration has been given for examining what employment rights should mean for the disabled, previous notions about the values of sheltered workshops have been challenged and begun to erode. International disability policy has made a quicker response to this than domestic policies. The U.S. has a number of federal laws designed to ensure equal opportunity in employment for people with disabilities.Most notably, Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against the disabled in all aspects of employment for covered entities.Despite these protections, many of the employment practices implemented for the benefit of the disabled do not actually result in additional equal employment opportunities. This article reexamines the issues surrounding the use of sheltered workshops from a comparative perspective. It is necessary to ask whether sheltered workshops are a relevant and successful means of encouraging the employment for the disabled today. Do sheltered workshops represent an antiquated view of people with disabilities and continue what was thought to be an outdated mentality concerning those with disabilities and their ability to participate in society, especially in terms of employment? Or, do sheltered workshops provide something of value and worth to the disabled, by at least providing the opportunity for employment? This Article reexamines the use of sheltered workshops for the employment of the disabled and what this use means for the current legal protections in employment available to individuals with disabilities.

Citation: Laura C. Hoffman, An Employment Opportunity or a Discrimination Dilemma?: Sheltered Workshops and the Employment of the Disabled, 16 U. Pa. J. L. & Soc. Change 151 (2013)

2.  Promotion of the Employment of Persons with Disabilities in Japan, the U.S., and China: Carrot, Stick, or Both? (2012)

Article written by Vai Io Lo and published in Arizona Journal of International and Comparative Law (2012 Volume 29, Issue 3)

To promote the employment of persons with disabilities, the adoption of one model over the other depends on the economic, political, and social circumstances of a particular country. Regardless of what approach is used to promote the employment of persons with disabilities, empowerment and social integration of persons with disabilities should be the cornerstone. Toward these aims, efforts must be made not only to procure employment opportunities for persons with disabilities, but also to educate employers, workers without disabilities, and the general public regarding unfounded prejudices against this disadvantaged group. In this connection, corporate or industrial codes of conduct or codes of practice for the furtherance of ethical behavior and social responsibility may also contain explicit provisions to facilitate the integration of workers with disabilities. Trade unions can be more proactive in advocating the rights of workers with disabilities and increasing the awareness of obstacles facing persons with disabilities. As a result, legislative efforts to promote the employment of persons with disabilities are only the beginning—meticulous implementation strategies, effectual enforcement mechanisms, regular evaluations of progress, and the fostering of new societal attitudes toward disabilities must follow to effect success.

Citation: Vai Lai Lo, Promotion of the Employment of Persons with Disabilities in Japan, the U.S., and China: Carrot, Stick, or Both?, (2012) Arizona Journal of International and Comparative Law, 29(3), 557-602

(B) By region

China

1.  Challenges to the Employment of People with Disabilities in China: A Human Rights Perspective (2010)

Article written by Cui Fengming and Charles Wharton and published in City University of Hong Kong Law Review (2010 Volume 2, Issue 2)

An analysis of the employment situation for people with disabilities in China reveals improvement, yet significant challenges remain. Disability employment still falls short of meeting core international human rights goals for people with disabilities that the Chinese government has agreed to undertake by ratifying the United Nations Convention on the Rights of Persons with Disabilities. The goals of accurate identification of disability, effective elimination of disability discrimination, social equality in the workforce, and full physical and informational accessibility have not yet been reached due both to flaws in the written Chinese laws and regulations and more importantly, due to a failure to effectively implement those laws and regulations. This article identifies the challenges in regard to the employment of people with disabilities in China and then offers some conclusions and policy recommendations.

Cui Fengming and Charles Wharton, Challenges to the Employment of People with Disabilities in China: A Human Rights Perspective (2011) 2 CityULR 237-245

2. Developments in Chinese Labour Laws: Enforcing People with Disabilities’ Right to Work? (2009)

Article written by Paul Harpur and published in LAWASIA Journal (2009)

The rights of persons with disabilities have gained increased international recognition with the adoption by the United Nations of the Convention on the Rights of Persons with Disabilities (CRPD). China has now ratified the CRPD and will take a leading role in the enforcement of this convention. Due to the significant role China will take in enforcing the rights of persons with disabilities internationally, it is relevant to assess the extent to which China’s domestic laws reflect the rights protected in the CRPD. This article will focus on the extent to which Chinese laws protect and enforce people with disabilities’ right to work as enshrined in Article 27 of the CRPD. This paper will argue that Chinese laws have made substantial improvements; however, further reforms are necessary if people with disabilities are to fully realise their right to work in China.

Citation: Paul Harpur, Developments in Chinese Labour Laws: Enforcing People with Disabilities’ Right to Work? (April 7, 2011), LAWASIA: Journal of Law Association for Asia and the Pacific, pp. 26-43, 2009

3.  Employment of People with Disabilities: International Standards and Domestic Legislation and Practices in China (2007)

Article written by Eric G. Zhang and published in Syracuse Journal of International Law and Commerce (2007 Volume 34)

The right to work is an important economic and social right for all people, including those with disabilities. It is noted that one of the significant economic and social right for all is the right to work. International human rights instruments such as the United Nations (UN) Convention on the Rights of Persons With Disabilities focus on eliminating discrimination in employment. Generally speaking, the Chinese laws and policies provide protection of persons with disabilities for the right to work as well as the right to equal opportunity and treatment in the workplace. The overall employment situation of persons with disabilities in China has improved substantially in the past two decades, since the country began its economic reforms and opening-up to the rest of the world. Difficulties and challenges remain, however, during this time of market-oriented transition. The article presents a discussion on the employment of people with disabilities in China and argues that China needs to increase its efforts to combat employment discrimination, in order to promote the realization of the right to work for persons with disabilities. Although the current Chinese laws do contain provisions on equality and non-discrimination treatment for people with disabilities, there is still great potential for further improvement in legislation and policies to promote anti-discrimination and guarantee equal opportunities and treatment for people with disabilities in the workplace.

Citation: Eric G. Zhang, Employment of People with Disabilities: International Standards and Domestic Legislation and Practices in China, Syracuse Journal of International Law & Commerce Spring 2007, Vol. 34 Issue 2, p. 517