This book seeks to define a contemporary disability human rights approach for the field of employment. Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, it identifies four main requirements as characterising the contemporary disability human rights approach on the labour market:
- substantive equality founded on inclusive general structures,
- a definition of disability which recognises that disability results from the interaction between impairment and social structures and that all persons may at one time or another of their lives be disabled,
- involvement of organisations of disabled persons in law and policy-making, and
- a rights-based approach.
It examines Danish and Swedish employment law and policy as well as their compliance with contemporary disability human rights. In addition, EU law and policy in the field of disability employment law and policy are examined in relation to the contemporary disability human rights approach. The analysis and comparison of Danish and Swedish law and policy, which is done on the basis both of legal sources and statistical information on the use and effects of different laws and policies, concentrates on four different areas of employment law and policy: disability equality, employers’ obligations towards employees with disabilities and / or reduced working capacity, employment promotion for unemployed persons with disabilities and income-replacement for persons with disabilities outside the labour market.
The comparison shows that the main difference between Danish and Swedish disability employment law lies in level of employers’ obligations under employment protection law and health and safety law. It is argued that this difference leads to more inclusive general structures on the labour market in Sweden and constitutes the main explanation for the extreme difference in employment rates for persons with disabilities and reduced working capacity in Denmark and Sweden.
Summary in English (p. 385)
Summary in Dutch (Samenvatting) (p. 393)
List of Literature (p. 401)
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.
Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
With a subscription to the series you enjoy a 15% discount on each volume!