Yuliya Kuznetsova PhD student Marie Curie Research Fellow Disability Rights Expanding Accessible Markets DREAM Project NOVA Norwegian Social Research Institute Joint NordWel REASSESS International Summer School ID: 582877
Download Presentation The PPT/PDF document "Working paper" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Working paperYuliya KuznetsovaPhD student/ Marie Curie Research FellowDisability Rights Expanding Accessible Markets (DREAM) ProjectNOVA – Norwegian Social Research InstituteJoint NordWel REASSESS International Summer School12 -17 August 2012, Hanasaari, Espoo, Finland
Enhancing access to employment for persons with disabilities: a comparison of the social regulatory policies in Norway and the UKSlide2
IntroductionThe widespread recognition of the ‘social model‘ of disability instead of the ‘medical model’ and intensification of the rights-based approachWelfare reforms, minimization of redistributive provisions and introduction of more active measures to promote employment of persons with disabilitiesSince late 1990s the strong commitment to labour market inclusion of persons with disabilities in the European Union (EU) has given rise to new national disability policies promoting active participation and inclusion of persons with disabilities in the mainstream
labour market. More attention has been given to social regulatory policies aimed to enhance inclusion of persons with disabilities in the workforce. The ‘social regulation’ policies that focus on equality and non-discrimination represent a great potential for improving the prospects of employment for persons with disabilities. However, it is unlikely they can fully replace redistributive provisions. Slide3
Redistributive disability policies:Regulatory disability policies:Aimed to maintain rather than empower person with disabilities
Centered on segregation, medical treatment and exclusionPromoted dependence on receiving ‘passive benefits’ Obligations of providing employment to persons with disabilities have fallen upon the government and the state. Such employment schemes as quota schemes, sheltered workplaces, vocational rehabilitation programmes prevailedFocus on equality, social inclusion and promoting non-discrimination in all spheres of life, including employmentEnhance access of persons with disabilities to employmentImpose more obligations on employers Influence market agents to act in line with social objectivesSlide4
ProblemEventhough the expansion of regulatory disability policies has been observed in many European countries, the employment rate of persons with disabilities is still reported low, as well as discrimination is still considered the major hindrance for persons with disabilities in finding employment and in working environmentMany employers are unaware of their duties or are reluctant to comply with these duties
Objective
The paper aims to analyse the
development
of the social regulatory
policies in
Norway and the
UK, precisely regulatory disability policies
enhancing inclusion of persons with disabilities
into
the workforce and preventing discrimination.
The paper discusses policies’
strengths and weaknesses, as well as
their similarities
and differences.Slide5
Social regulatory policies enhancing access to employment for persons with disabilities
Research questions:What (new perspectives) have these policies given to persons with disabilities to enhance their access to employment? What are the strength and weaknesses of these policies?
How do employers experience these policies in practice? Slide6
NorwayUKSocial democratic welfare regime: high welfare cash benefits, social protection, freedom from the labour market, highly regulated labour market
Implementation of active labour market policies Focus on safety and work environmentRedistributive provisions have more important role than regulatory policiesEmployment rate for persons with disabilities – 42,3%, total employment – 73,9% (Statistics Norway, 2011 data)Liberal welfare regime: minimal and targeted welfare arrangements, more emphasis on anti-discrimination strategy, high dependence on the labour market, minimal social rightsReplacement of the old ‘quota scheme’ with anti-discrimination measuresLong tradition focused on the individual- interventions and promotion of anti-discrimination policiesPercentage of people with a disability in employment – 45,6%, and without – 75, 2% (Office for National Statistics, UK, Q2 2011)Slide7
LevelSocial regulatory provisions promoting principles of equality and non-discrimination
for persons with disabilities to enhance their access to employmentLegislationFinancial incentivesAwareness
/ persuasion(strategies/ programmes
/ recommendations)UN
United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) 2006, Article 27 – the right to employment
EU
The Treaty of Amsterdam of 1997 and its Article 13
The European Equality Directive (2000/78/EC
)
Social Protection & Social Inclusion Strategy , Europe 2020,
European Employment Strategy,
‘Agenda for new skills and jobs’, ‘Youth on the move’, ‘European platform against Poverty’,
European Disability Action Plan 2003-2010,
European Disability Strategy 2010-2020
Norway
The Working Environment Act (WEA) of 1978, 1995, 2001, 2005 and 2007.
Anti-Discrimination and Accessibility
Act
(ADAA or the Act June 20 2008 No 42) entered into force on January 1,
2009
Wage subsidies to employers
Reimbursement of reasonable accommodation
Transport subsidies
Assistance in adjustment of the workplace
White Paper
s (1991, 1995, 2006)
A More Inclusive Working Life (the IA Agreement) since 2001
The Act on Civil Servants
The “Trainee
programme
” as of 2007
UK
The Disability Discrimination Act (DDA) 1995
The DDA 2005
The Equality Act 2010
The Work
Programme
2011
Access to Work
The Work Choice
Disability Employment Advisors
“Two tick symbol” or The Disability SymbolSlide8
Discussion of resultsSimilarities:the right not to be discriminated against in various spheres of life, in access to employment and in work environment is granted to persons with disabilitiesthe term ‘discrimination’ has included all kinds of discrimination (direct, indirect, harrassment) the coverage is extended to people who were not previously protected
in case of discrimination, persons with disabilities have the right to apply to the court and special authorities have been createdemployers duties include all aspects of employment practices, but especially focus on provision of reasonable accommodation and removal of workplace disadvantagesDifferences:Both public and private employees are subjected to legislation, though to a more extensive degree in the UK than in Norway.Some specific duties, definitions and provisions are different, especially related to the issue of accommodation: e.g. ‘universal design’ and individual accommodation in ADAA 2008, the ‘duty to make adjustment’ in EqA 2010T
he size of the private enterprises covered by the legislation is limited in Norway only for private enterprises with more than 50 employees.Strengths: Persons with disabilities are given stronger rights, and successful implementation of the non-discrimination legislation will help eliminate existing stereotypes
Weaknesses: The problems with policy implementation are: a) ‘reasonable accommodation’ and associated costs; b) differences in implementation regarding industrial sector and occupations; c) more emphasis on retention that on recrutiment of new employees; d) insufficient policy coordination. Slide9
Preliminary conclusions:The belief that strong protection of persons with disabilities against discrimination is able to influence their full participation in society and empower them as well as change societal (and employers’) attitudes. UK: long historic tradition of non-discrimination policies; the strong influence of the social modelNorway has relied on cooperation and due to the focus on working environment paid more attention to safety and health at work , reduction of sickness absence and retention rather than hiring new employees with disabilities. The non-discrimination has been given more focus quite recently.
The non-discrimination regulatory policies have changed the landscape of the social regulatory policies in the two countries and introduced much more needed changes, which is a definite step forward. However, to achieve positive results more coordination, monitoring, awareness, financial incentives need to be strengthened.