Background
In the last decades, the governments have realized that the employment of persons with disabilities reduces the cost of disability benefits for the nations’ budget and may reduce poverty. This has led to numerous efforts throughout the globe to convince other social and economic agents that disabled people have a valuable contribution to make to their businesses and the economy in general.
However, despite numerous legal regulations and incentives, the situation of people with disabilities on the labour market remains difficult. It is hard to compare the situation in different countries due to differences in definitions, methodologies etc. However, we can see that the percentage of non-workers among disabled people is significantly higher, globally.
The people with ASD have a particularly difficult situation when it comes to access to employment. Their employability rate is especially low, compared to the general population of individuals with disabilities. Namely, less than 10 % of people with ASD is in employment compared with 45 % of those with a disability, and 65.8 % of people without a disability.
Structure of the legal framework
Taking into account the extensive and complex system of international standards and conventions, and the obligations that the Government’s acquire while signing such conventions or as members of International Organizations or Political Unions, we will consider three levels of the legal framework regarding the employment of people with disabilities: International, European and National.
Since the second half of the 20th century, multiple international organizations have been taking steps towards establishing prescriptive international standards for the governments regarding the setting, recognition and observance of the rights of persons with disabilities. However, the magnitude and the legal force of these instruments varies.
According to the UN Division for Social Policy and Development, international legal framework admits two types of instruments:
- International treaties that are binding on States and create legal obligations to the States Parties.
International instruments that are non-binding on States. They express generally-accepted principles and represent a moral and political commitment by States.
Application of international law
States are primarily responsible for transforming legislative, administrative and judicial practices, to empower persons with disabilities to exercise their rights.
Three main methods are available to implement international legal instruments in domestic law:
- Direct incorporation of rights recognised in the international instrument into what may be termed a "bill of rights" in the national legal order.
- Enactment of different legislative measures in the civil, criminal and administrative laws to give effect to the rights recognised in international legal instruments.
- Self-executing operation of international legal instruments in the national legal order.
