Vammaisten oikeuksien yleissopimus ja sosiaalinen osallisuus – oikeus työhön
Avainsanat:
UNCRPD, työsopimus, yhdenvertaisuus, kohtuulliset mukautukset, esteettömyys, saavutettavuusAbstrakti
UN Convention on the Rights of Persons with Disabilities, social inclusion, and the right to work
The overarching goal of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is social inclusion. One key way to participate in the society is work. In reality, an individual’s illness or disability may hinder his or her possibilities to work. The authors analyse Finnish employment law rules in the light of the objective of social inclusion set in the UNCRPD and how this objective affects the interpretation of the terms of employment and the work performance of an employee with disabilities. The authors look for parallels in domestic employment law through which accessibility rights and the right to reasonable accommodation provided in the UNCRPD could be incorporated into an employment relationship. Such parallels can be found in the regulation on occupational safety and health and on work ability. The authors also highlight the significance of the principle of fairness in contract law and the interrelationship of the principles of proportionality and equality.
