Abstract
The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons With Disabilities (CRPD) highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively addresses the biases about individuals with disabilities in the workplace. Among the recommendations to achieve meaningful compliance the CRPD advises Supporting States to modify their existing mediation and conciliation programs within their human rights institutions to meet the CRPD imperative.This Article focuses on the challenges of designing such effective, culturally sensitive mediation and conciliation programs to resolve global workplace discrimination against individuals with disabilities. with disabilities.in order to make the spirit and intent of the CRPD a reality, Supporting States now have the opportunity to address a history of systemic discrimination towards individuals with disabilities and begin implementing responsive mediation and conciliation forums to constructively address such discrimination. A central part of this habilitative effort, Supporting States must address the attitudinal biases that abound against individuals with disabilities, especially among employment recruiters, employers, employees, and even lawyers representing aggrieved clients, all individuals who are instrumental in implementing the CRPD mandates. Unless these biases in all their cultural variants are addressed, enforcement efforts, such as the establishment of mediation and conciliation programs, will be neutered.
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