Uncrpd Implementation in Europe - a Deaf Perspective
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UNCRPD IMPLEMENTATION IN EUROPE - A DEAF PERSPECTIVE The series The EU’s ratification of the United Nations Convention on the Rights of Persons UNCRPD IMPLEMENTATION with Disabilities (UNCRPD) in 2010 means that there is now an obligation to IN EUROPE - A DEAF PERSPECTIVE implement the enshrined rights in a timely manner. The legal implications of the UNCRPD have been widely discussed at institutional level. As a result, it has become increasingly evident that this is a new and complex area where interna- Article 27: tional, European and national orders of law overlap. Work and Employment This publication aims to contribute to, and provide possible interpretations of, the implementation of the UNCRPD with regards to deaf citizens, including sign language users and hard of hearing people. Each contribution in the series will explore a specific UNCRPD article, from both an academic and best practice perspective, and at all levels, from European to regional. Article 27: Work and Employment This second book in the series focuses in particular on Article 27 of the UNCRPD. Work and employment are explored from various angles, including the right to reasonable accommodation, as well as labour and trade union rights. The diverse chapters represent a range of disciplines and professionals; their backgrounds span from political and institutional stakeholders and represent- Editors: atives, to academic scholars and NGO representatives. In particular, the authors explore how the rights enshrined in Article 27 are applicable to deaf and hard of hearing citizens, and how private companies and organisations are embody- Annika Pabsch ing diversity in the workplace. & Petra Söderqvist Petra Editors: European Union of the Deaf www.eud.eu Annika Pabsch & Petra Söderqvist UNCRPD Implementation in Europe – A Deaf Perspective An EUD Series 2 Article 27: Work and Employment Annika Pabsch & Petra Söderqvist (Editors) European Union of the Deaf Brussels, Belgium 3 UNCRPD Implementation in Europe – A Deaf Perspective European Union of the Deaf (EUD) Based in Brussels, Belgium, the EUD is a not-for-profit European non- governmental organisation (ENGO) comprising National Associations of the Deaf (NADs). It is the only supranational organisation representing Deaf people at European level, and is one of the few ENGOs representing associations in all 28 EU Member States, including Iceland, Norway, and Switzerland. The primary aim of the organisation is to establish and maintain EU level dialogue with European Union institutions and officials, in consultation and co-operation with its member NADs. EUD has participatory status with the Council of Europe (CoE), operates as a full member of the European Disability Forum (EDF) as well as being a Regional Co-operating Member of the World Federation of the Deaf (WFD) in tackling issues of global importance. The organisation is supported by the Equality Unit, operated by the Directorate General Justice at the European Commission. EUD’s aim is to achieve equality in public and private life for deaf people all over Europe, so that they can become full citizens. The organisation’s main objectives are; the recognition of the right to use an indigenous sign language, empowerment through communication and information, and equality in education and employment. All rights reserved. No part of this book may be reproduced or transmitted by any person or entity, including internet search engines or retailers, in any form or by any means, electronic or mechanical, including photocopying, recording, scanning or by any information storage and retrieval system without the prior written permission of the editor and/or publisher. ISBN 978-2-9601505-1-3 © European Union of the Deaf (EUD), February 2015. Printed in Brussels, Belgium. Cover design: Churchill’s I/S – www.churchills.dk This publication is supported by an Action Grant by the European Union Programme for Employment and Social Solidarity – PROGRESS. For more information see: http://ec.europa.eu/progress. The information contained in this publication does not necessarily reflect the position or opinion of the European Commission. 4 Article 27: Work and Employment 1. Introduction a. The Series – Remarks by the editors Annika Pabsch & Petra Söderqvist ..................................................... 6 b. Welcome Dr Markku Jokinen ................................................................................ 7 (President, European Union of the Deaf) c. Foreword Yannis Vardakastanis ............................................................................ 8 (President, European Disability Forum) d. About the editors ....................................................................................... 9 e. Acknowledgements ................................................................................. 10 f. Executive Summary ............................................................................... 11 g. Article 27 UNCRPD .............................................................................. 12 2. Reasonable Accommodation: A Tool for Achieving Equality in the 21st Century ........................................ 14 Piers Gooding & Shivaun Quinlivan (National University of Ireland, Galway) 3. Enabling reasonable accommodation and work for people with disabilities ............................................... 28 Maria Luisa Cabral (Head of Unit Rights of Persons with Disabilities, European Commission) 4. Trade union rights for all! Application of UNCRPD Article 27 - Work and Employment: A trade union perspective ................................................................. 33 Ellen Nygren (Advisor, European Trade Union Confederation) 5 UNCRPD Implementation in Europe – A Deaf Perspective 5. A Deaf youth perspective on employment in Europe - An EUDY article .................................................................................. 41 Dennis Hoogeveen (Executive Director, European Union of the Deaf Youth) 6. The business case for hiring persons with disabilities ............. 52 Susanna Laurin (CEO, Funka) 7. Deaf people and employment – A survey analysis ..................... 60 Annika Pabsch (former Policy Officer, European Union of the Deaf) 8. European Level a. EASPD Employment For All Award .................................................... 68 Sabrina Ferraina (Researcher and Policy Officer, European Association of Service providers for Persons with Disabilities) b. EUD – A fully signing working environment ...................................... 74 Mark Wheatley (Executive Director, European Union of the Deaf) c. CBM - A diverse employer ..................................................................... 81 Julie Body (Administrative Assistant, CBM - EU Liaison Office) 9. National & Regional Level a. Reflecting society in employment .......................................................... 87 Aske Gott Sørensen (Communicator, Danish Crown, Denmark) b. Latvian Association of the Deaf Rehabilitation Centre ....................... 91 Edgars Vorslovs (President, Latvian Association of the Deaf, Latvia) 6 Article 27: Work and Employment c. Employment and deaf people in Spain: A perspective from the deaf associative movement ......................... 104 Alfredo Gómez Fernández (Executive Director, Andalusian Federation of Associations for the Deaf, Spain) d. Work and employment from a Swedish perspective ............................ 114 Louise ”Lolo” Danielsson (Board Member, Swedish National Association of the Deaf, Sweden) 10. Towards inclusive labour markets ............................................... 131 Pierre Baussand (Director, Social Platform) 7 UNCRPD Implementation in Europe - A Deaf Perspective Introduction 1a. The Series – Remarks by the editors Annika Pabsch & Petra Söderqvist This publication is the second in the EUD’s series on the implementation of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Each book in the series focuses on one article in the UNRCPD; this one explores Article 27, the right of people with disabilities to work, on an equal basis with others, and the prohibition of discrimination on the basis of disability, with relation to all areas of employment. Each series is divided into two main parts, both with several sub-themes. The first section is a general and more academic introduction to the article on work and employment, including explorations of the term ‘reasonable accommodation’ in view of employment. The second section of the book demonstrates best practice examples from all levels; European, national and regional. The series is a joint effort of stakeholders and academics as well as (deaf) professionals to fully understand the implications of the UNRCPD in the most practical terms possible. We hope you will find this publication, with all its contributions, to be useful in your daily work and look forward to fruitful discussions following its launch in Brussels. 8 Welcome 1b. Welcome Dr Markku Jokinen, President, European Union of the Deaf (EUD) As the President of the European Union of the Deaf (EUD), I am very pleased to welcome you to this second publication of the EUD’s series on the implementation of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 2014 was a very exciting year, with the European Parliament elections, resulting in the re-election of deaf Member of European Parliament Dr Ádám Kósa and the election of the first deaf woman in European Parliament, Helga Stevens. The new European Commission was also appointed