Session co-organized by the Working Group on Business and Human Rights, The Special Rapporteur on the Rights of Persons with disabilities, the ILO Global Business and Disability Network, the Disability Rights Fund and the Committee on the Rights of Persons with Disabilities (CRPD)
Brief description of the session: Building on last year’s session on
Disability Rights as part of Business and Human Rights: Broadening the Discussion, this year’s session has a specific focus on "reasonable accommodation", sometimes referred to as “reasonable adjustments”, as a crucial element for upholding the rights of persons with disabilities in the context of business activities, and for strengthening their inclusion in all aspects of society. Reasonable accommodation aims to provide equal opportunities for employees at the workplace, so their skills and talents can be used to full capacity. By recognizing and accommodating individual needs, businesses create work environments that truly welcome the diversity of their staff and contribute to business activities.
By examining this concept and discussing how to implement reasonable accommodation effectively, the session seeks to identify best practices, challenges, and opportunities that ensure equal enjoyment and exercise of human rights. It aims to develop a better understanding of how to provide reasonable accommodations effectively, as well as to expand the understanding of reasonable accommodation beyond workplace settings, examining its relevance in various contexts such as education, healthcare, and public services.
Background to the discussions:The United Nations Convention on the Rights of Persons with Disabilities (CRPD) includes the core concept of "reasonable accommodation". This refers to the necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, which are needed in a particular case, to ensure to persons with disabilities have the enjoyment or exercise, on an equal basis with others, of all human rights. The denial of reasonable accommodation amounts to discrimination. Providing necessary adjustments in the workplace and beyond is in line with the State duty to protect and the business responsibility to respect under the UNGPs. Governments discharge of their duty to adopt and enforce laws and policies that protect the rights of persons with disabilities and businesses ensure the well-being and dignity of employees with disabilities, and those employees with dependants with disabilities. As such, reasonable accommodation is a critical component of the care and support agenda.
In the context of the business and human rights agenda, reasonable accommodation plays a pivotal role in ensuring that workplaces are inclusive and accessible. As businesses recognize the value of diversity and the economic benefits of an inclusive workforce, understanding the legal and ethical implications of reasonable accommodation becomes essential.
Key objectives of the session:- Deepen understanding of the linkages between disability rights and the business and human rights agenda, particularly in relation to the business responsibilities and benefits related to the provision of reasonable accommodations.
- Identification of good practices and innovative approaches to providing reasonable accommodation across different sectors and from various perspectives.
- Strengthen networks among participants to foster ongoing collaboration and shared learning on disability rights and business practices.
- Improve understanding on how insights from persons with disabilities can provide governments and businesses valuable context regarding the real-life implications of reasonable accommodation, ensuring that policies reflect the needs and rights of persons with disabilities.
Background documents:Promoting diversity and inclusion through workplace adjustments: A practical guide (2016)This guide aims to explain the concept of reasonable adjustments (“reasonable accommodation”) and provide practical step-by-step guidance on how and when these should be provided in the workplace.
CRPD/C/GC/8: General comment No. 8 (2022) on the right of persons with disabilities to work and employmentCRPD/C/GC/6: General comment No.6 on equality and non-discrimination
