Regarding the employment of persons with disabilities

Abstract

The article examines the performance indicators of the program objectives of the Cabinet of Ministers of Ukraine regarding the realization of the right to work for persons with disabilities. Based on a comparison of employment rates for persons with disabilities in Ukraine and the European Union, a conclusion is drawn about the need to achieve the declared indicators and to adopt European practices for the inclusion of such individuals in labour relations. The article analyses the provisions of the Laws of Ukraine «On the Fundamentals of Social Protection of Persons with Disabilities» and «On Psychiatric Assistance» concerning the procedure for fulfilling employment quotas for persons with disabilities. Attention is drawn to their inconsistencies and the necessity of harmonizing their content. The article addresses problematic aspects of realizing the right to work for persons with disabilities who have been legally recognized as incapable. It presents statements from scholars and legislative provisions that define the legal labour capacity of persons with disabilities who have been declared legally incapable. It is argued that the legal basis for the inability of such individuals to exercise their constitutional right to work, due to incapacity, can be interpreted as discrimination against them from a certain perspective. It is emphasized that implementing employment support programs for persons with mental and intellectual disabilities is one way to reduce their discrimination and violations of their labour rights, counteract their stigma, and prevent social isolation. To enable persons with disabilities suffering from mental disorders, including those legally declared incapacitated, to exercise their right to work, it is proposed to introduce supported employment mechanisms. The article underscores the necessity of the principle of equal pay for equal work. It substantiates the possibility of engaging persons with disabilities who have been declared incapacitated in labour activities based on an employment integration agreement. Such a mechanism could effectively replace labour rehabilitation, which is one of the forms of individual rehabilitation. It is argued that such activities can only be carried out in the absence of medical contraindications to the person performing a certain type of work. The need to ensure these employees’ rights to remuneration, rest, and other benefits is emphasized. The article analyses the provisions of the draft law on social protection of persons with disabilities concerning the types of social enterprises. The article suggests the possibility of employing persons with disabilities who have been declared incapacitated at sheltered employment enterprises provided for by this draft law.