Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world. (3rd July 2016)

• Record Type: Journal Article
• Authors: Nardodkar, Renuka; Pathare, Soumitra; Ventriglio, Antonio; Castaldelli-Maia, João; Javate, Kenneth R.; Torales, Julio; Bhugra, Dinesh
• Is Part Of: International review of psychiatry. Volume 28:Number 4(2016:Aug.)
• Page Start: 375
• Page End: 384
• Publication Date: 2016-07-03
• Subjects: Discrimination -- legislation -- mental disability -- right to work and employment -- social justice; Mental illness -- Periodicals; Psychiatry -- Periodicals; Psychology, Pathological -- Periodicals; 616.89
• DOI: 10.1080/09540261.2016.1210575
• Languages: English
• ISSNs: 0954-0261

Abstract

Abstract: The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.