Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Portugal (Ratification: 1999)

Other comments on C159

Observation

2004

Direct Request

2015
2001

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The Committee notes the observations from the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), which were submitted with the Government’s report.

Articles 2, 3 and 5 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Consultation of the social partners. The Government refers in its report to the legislative texts adopted since 2009, in particular Decree-Law No. 290/2009 of 12 October 2009, establishing the employment and skills assistance programme for persons with disabilities (PEAQPDI), approving the scheme providing technical and financial assistance for the development of employment and skills assistance policies for persons with disabilities. The Committee notes the measures put in place, including assistance in relation to skills, aid schemes for integration, retention and reintegration in the labour market, and subsidized employment. It also notes the statistics provided by the Government concerning the increase in the total number of persons with disabilities who benefited from these measures between 2010 and 2013. The CGTP–IN states that Act No. 38/2004 of 18 August 2004, concerning the prevention of disability and the integration, rehabilitation and participation of persons with disabilities responds in general terms to the principles set out in the Convention, but another law specifically defining the measures for the implementation of national policy for assisting persons with disabilities would be necessary. The legal provisions which ensure the application of fundamental principles in terms of rehabilitation are somewhat dispersed, being incorporated in more general provisions aimed at protecting persons with disabilities or at recognizing certain rights for them. The CGTP–IN also states that the representative organizations of workers and employers were not consulted on the measures to be taken to promote cooperation between public and private institutions concerned with vocational rehabilitation, or on their implementation, as required by Article 5 of the Convention, and that the difficulties faced by persons with disabilities have worsened since 2011 in the wake of the measures taken as part of the economic and financial adjustment programme. The Committee requests the Government to specify the measures taken in consultation with the social partners and the representative organizations of and for persons with disabilities to ensure that vocational rehabilitation measures benefit all categories of persons with disabilities. The Committee also requests the Government to indicate the impact of measures taken to promote employment opportunities for persons with disabilities in the open labour market.

Articles 7 and 8. Services for persons with disabilities, particularly in rural areas and remote communities. The CGTP–IN indicates that, even though there are specialist training and education establishments in the public, private and cooperative sectors, they are insufficient in number and not always easily accessible, particularly for the most disadvantaged sections of the population. The implementation of policies for the rehabilitation and integration of persons with disabilities is even more limited in non-urban areas. The Committee requests the Government to provide an appraisal of vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to secure, retain and advance in employment, and provide information on vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.