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Disability and Employment, v. 43 (Paperback, New)
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Disability and Employment, v. 43 (Paperback, New)
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This book seeks to define a contemporary disability human rights
approach for the field of employment. Based on an analysis of the
newly-adopted UN Convention on the Rights of Persons with
Disabilities and present-day interpretations of international and
European human rights instruments, it identifies four main
requirements as characterising the contemporary disability human
rights approach on the labour market: - substantive equality
founded on inclusive general structures, - a definition of
disability which recognises that disability results from the
interaction between impairment and social structures and that all
persons may at one time or another of their lives be disabled, -
involvement of organisations of disabled persons in law and
policy-making, and - a rights-based approach. It examines Danish
and Swedish employment law and policy as well as their compliance
with contemporary disability human rights. In addition, EU law and
policy in the field of disability employment law and policy are
examined in relation to the contemporary disability human rights
approach. The analysis and comparison of Danish and Swedish law and
policy, which is done on the basis both of legal sources and
statistical information on the use and effects of different laws
and policies, concentrates on four different areas of employment
law and policy: disability equality, employers' obligations towards
employees with disabilities and / or reduced working capacity,
employment promotion for unemployed persons with disabilities and
income-replacement for persons with disabilities outside the labour
market. The comparison shows that the main difference between
Danish and Swedish disability employment law lies in level of
employers' obligations under employment protection law and health
and safety law. It is argued that this difference leads to more
inclusive general structures on the labour market in Sweden and
constitutes the main explanation for the extreme difference in
employment rates for persons with disabilities and reduced working
capacity in Denmark and Sweden.
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