(A)  General

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

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

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For years, sheltered workshops were regarded as a valuable option for employing persons with disabilities. However, as time progressed and careful consideration given to what employment rights mean to persons with disabilities, old notions on sheltered workshops have been challenged and begun to erode. In this respect, international disability policies have responded more quickly 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 persons with disabilities in all aspects of employment for covered entities. Despite these protections, many employment practices implemented for the benefit of persons with disabilities do not actually result in additional equal employment opportunities. This Article re-examines the issues surrounding sheltered workshops from a comparative perspective. It is necessary to ask whether sheltered workshops are a relevant and successful means of encouraging employment for persons with disabilities today. Do sheltered workshops represent an antiquated view of persons with disabilities and perpetuate an outdated perspective on such persons and their ability to participate in society, especially in terms of employment? Or do sheltered workshops contribute value by providing persons with disabilities employment opportunities? This Article considers what sheltered workshops mean for current legal protections in employment available to persons with disabilities.

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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)

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

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

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The model adopted to promote the employment of persons with disabilities depends on the economic, political, and social circumstances of a particular country. Notwithstanding the different approaches, empowerment and social integration of persons with disabilities should be the cornerstone of this effort. Efforts must be made to procure employment opportunities for persons with disabilities as well as educate employers, other workers without disabilities, and the general public regarding unfounded prejudices. It would facilitate the integration of persons with disabilities in the workforce if corporate or industrial codes of conduct and codes of practice on ethical behaviour and social responsibility encompass explicit provisions in this regard. Trade unions can be more proactive in advocating the rights of workers with disabilities and increasing awareness of the obstacles faced by persons with disabilities. Accordingly, legislative efforts to promote the employment of persons with disabilities are only the beginning —meticulous implementation of strategies, effectual enforcement mechanisms, regular evaluations of progress, and the fostering of new societal attitudes toward disabilities must follow legislative efforts.

 

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

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China

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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)

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Whilst an analysis of the employment situation for persons with disabilities in China shows that the country has made improvements in this regard, significant challenges remain. Disability employment falls short of China’s obligations under the CRPD. 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 been achieved due to flaws in Chinese laws and regulations and, more importantly, the failure to effectively implement such laws and regulations. This Article identifies challenges in regard to the employment of persons with disabilities in China and offers conclusions and policy recommendations.

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

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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 of the CRPD. China has since ratified the CRPD and will take a leading role in implementing its provisions. Due to China’s prominent international role in this respect, it is important to assess the extent to which its own domestic laws reflect the rights protected in the CRPD. This article will focus on the extent to which Chinese laws protect and enforce the right of persons with to work as enshrined in Article 27. This Paper will argue that Chinese laws have made substantial improvements in this area. However, further reforms are necessary if persons with disabilities are to fully realise their right to work.

 

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)

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

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International human rights law instruments articulate that the right to work is an important economic and social right for all individuals, including persons with disabilities. In particular, the CRPD notes the importance of eliminating discrimination. Chinese laws and policies generally provide protection for the right to work of persons with disabilities. They also provide protection in respect of 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 as the country began its economic reforms and opening up to the rest of the world. Nonetheless, difficulties and challenges remain during this time of market-oriented transition. The Article discusses the employment of persons with disabilities in China and argues that the country needs to increase efforts to combat employment discrimination so as to promote the realization of the right to work for such individuals. Although current Chinese laws contain provisions for the equality and non-discrimination of persons with disabilities, there is potential to further improve anti-discrimination and guarantee equal opportunities and treatment in the workplace for such individuals.

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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