Do constitutions guarantee the right to work for adults with disabilities?


 

This map shows whether countries include measures to protect the right to work for adults with disabilities in their constitution. These rights affect children as well as adults. They both shape the aspirations of children with disabilities and the lives of children whose parents have disabilities.

Only constitutional provisions are included in this map. Legislative protections are not shown here. Read more about why constitutions matter.

More information:

  • Work rights for adults with disabilities are considered to be protected when work protections are guaranteed explicitly to persons with disabilities or when these rights are granted to all citizens and the constitution states that persons with disabilities enjoy rights on an equal basis. These rights include: the right to work, prohibition of discrimination in work generally, and prohibitions of discrimination in specific aspects of work such as hiring, promotions, and working conditions.
  • The term ‘disability’ refers to both general references to disabilities and specific mentions of mental or physical disabilities.
  • None specific to disability means that the constitution does not explicitly protect the right to work for adults with disabilities. This does not mean that the constitution denies this right, but that it does not explicitly include it. The country may protect citizens’ right to work, but not specifically for adults with disabilities.
  • Aspirational means that the constitution protects the right to work for adults with disabilities but does not use language strong enough to be considered a guarantee. For example, constitutions in this category might state that the country aims to ensure adults with disabilities have the right to work.
  • Specifically guaranteed with exceptions includes cases where equity in work is guaranteed for adults with disabilities but there are stated exceptions such as if “their disability prevents them from exercising” their rights.
  • Broadly guaranteed means that the constitution guarantees the right to work to citizens and provides general protection against discrimination based on disability, but does not specifically protect against discrimination in work based on disability
  • Specifically guaranteed means that the constitution protects the right to work for adults with disabilities in authoritative language. For example, constitutions in this category might guarantee protection against discrimination in work for adults with disabilities or make it the State’s responsibility to ensure this right.
  • On mouseover on the map, a note may appear for some countries which indicates “potential positive action”. This indicates that positive action may be taken to promote access to work and the full exercise of employment rights for adults with disabilities. Positive action can be framed in guaranteed terms (e.g., “the State shall adopt measures of affirmative action in work for persons with disabilities”) or in terms that leave open the possibility for positive action (e.g., “Nothing in this article shall prevent the State from taking measures to promote the employment of persons with disabilities, in order to address past discrimination against them”).