No business can afford to ignore the ever growing profile of disability as a global civil and human rights priority. Increasing numbers of countries give legal protection to individuals with disabilities.

Europe

The European Employment Equality Directive (2000/78/EC) requires all member states to put in place anti-discrimination legislation by 2006 at the latest.

It covers the following areas:

• Access to employment including selection and recruitment
• Access to training including work experience
• Employment and working conditions, including dismissals and pay
• Membership of employment organisations and unions

It places employers under a duty to ‘take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer.’

Countries, which have already transposed this directive into legislation, include:

• Belgium*
• Cyprus*
• Czech Republic (some elements missing)
• Denmark*
• Estonia (some elements missing)
• Finland*
• France*
• Germany (pending)*
• Greece*
• Hungary
• Ireland*
• Italy
• Latvia* (some elements missing)
• Lithuania*
• Luxemburg (pending)
• Malta* (some elements missing)
• The Netherlands*
• Poland (some elements missing)
• Portugal*
• Slovakia*
• Slovenia*
• Spain*
• Sweden
• United Kingdom

*Countries with a reasonable accommodations provision, which approximates to the Directive.

Common elements which are used across at least 6 states to determine what is 'reasonable' in makingaccommodations:

• Financial and other costs entailed
• Scale and financial resources of the organisation
• Possibility of obtaining public funding or assistance

Article 7(2) of the Directive 2000/78 allows member states to adopt health and safety legislation, which are an exception to the principle of equal treatment for disabled people.

Positive action measures are legal in most European countries. [i]

There is a proliferation of definitions of disability, focusing on different aspects of length of time and impact of impairment. Some countries also still have quotas, the majority of which are largely ignored by business. Focusing on becoming 'disability confident' removing barriers for groups in general and for individuals in particular, reduces legal risk in this regulatory environment.

Human Rights Conventions

The rights of disabled people are protected by international and regional human rights legislation, most notably the United Nations International Bill of Human Rights and the European Convention on Human Rights.

For more information see:

Office of the United Nations Commissioner for Human Rights

European Court of Human Rights

The rights of disabled people at work are included in the ILO labour standards .

The United Nations is working towards producing a new convention protecting the rights of disabled people. General Assembly resolution 56/168 established an Ad Hoc Committee “to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities.” http://www.un.org/esa/socdev/enable/rights/adhoccom.htm

National Disability Discrimination legislation

United Kingdom Disability Discrimination Act

Visit the Equality and Human Rights Commission website for more information

We will be including more information on disability discrimination legislation in the near future. Register to receive an email alert about new content.

Building block 3: Legal benefits

Useful links

Business Leaders Initiative on Human Rights

UN Global Compact. Through the power of collective action, the Global Compact seeks to advance responsible corporate citizenship so that business can be part of the solution to the challenges of globalisation.

Business & Human Rights Resource Centre. The Resource Centre is the largest international website on the subject of business and human rights, with sections on over 1000 companies, over 150 countries and over 150 issues.

Sources

1. [i] Developing Anti-discrimination law in Europe, September 2005, p60