PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES TO WORK: KAZAKHSTAN’S EXPERIENCE FROM THE PERSPECTIVE OF INTERNATIONAL LAW AND EU LAW
ZAŠTITA PRAVA NA RAD OSOBA SA INVALIDITETOM: ISKUSTVO KAZAHSTANA IZ UGLA MEĐUNARODNOG PRAVA I PRAVA EU
Adibayev A. Susi M.
2023Faculty of Law, Union University in Belgrade
Pravni Zapisi
2023#14Issue 1179 - 215 pp.
In spite of the ratification of Convention on the Rights of Persons with Disabilities, by the majority of States, this human category still faces various challenges. The gap between the declarative nature of the equal rights of the persons with disabilities and the practical implementation of the concept of equality is especially evident in the field of access to employment. Although the majority of countries, including Kazakhstan, have transposed the ideas of equal treatment of the persons with disabilities into national legislation, the situation remains unsatisfactory, and one can ask: why? This is especially relevant in labor area and connected to the insufficient governmental supervision of how legal principles are enforced by private actors in the workplace. Specific national effective enforcement mechanisms and remedies are needed, hand-in-hand with international supervision, to minimize the discrepancy between what the countries have committed to and how they comply with the obligations to safeguard the rights of the persons with disabilities. Kazakhstan needs to complement its commitment to these rights with a national action plan.
declarative nature of human rights law , inclusive education , international conventions , law as practice , local legislation , right to work of the persons with disabilities
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Al-Farabi Kazakh National University, Kazakhstan
Tallinn University, Estonia
Al-Farabi Kazakh National University
Tallinn University
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