People with Intellectual Disabilities and Labour Market Inclusion: What Role for EU Labour Law?

(2020) 11 European Labour Law Journal.

21 Pages Posted: 3 Jan 2020

See all articles by Mark Bell

Mark Bell

Trinity College Dublin; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: December 12, 2019

Abstract

People with intellectual disabilities occupy a peripheral position in the labour market. They have low rates of participation in employment and this often takes the form of sheltered employment in settings segregated from persons without disabilities. Although their working lives have received limited attention in legal scholarship, this article argues that law can play a positive role in fostering greater inclusion. Taking into account the UN Convention on the Rights of Persons with Disabilities, this article analyses EU legislation and case-law in order to identify how these apply to those working in sheltered employment and how they may assist in tackling barriers to participating in the open labour market. While EU labour law already contains measures that have the potential to improve the position of people with intellectual disabilities, the article identifies scope for enhancing the effectiveness of these instruments.

Keywords: Intellectual disability, sheltered employment, discrimination, reasonable accommodation, European Union, UN Convention on the Rights of Persons with Disabilities.

Suggested Citation

Bell, Mark, People with Intellectual Disabilities and Labour Market Inclusion: What Role for EU Labour Law? (December 12, 2019). (2020) 11 European Labour Law Journal. , Available at SSRN: https://ssrn.com/abstract=3502855

Mark Bell (Contact Author)

Trinity College Dublin ( email )

School of Law
College Green
Dublin, 2
Ireland

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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