title: Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world.
abstract: The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.
authors: a Centre for Mental Health Law and Policy , Indian Law Society , Pune , India ;
authors: Renuka
authors: R
authors: Nardodkar
authors: a Centre for Mental Health Law and Policy , Indian Law Society , Pune , India ;
authors: Soumitra
authors: S
authors: Pathare
authors: b Department of Mental Health , ASUR , Foggia , Italy ;|c Department of Clinical and Experimental Medicine , University of Foggia , Foggia , Italy ;
authors: Antonio
authors: A
authors: Ventriglio
authors: d Department of Neuroscience , Medical School, Fundação do ABC , Santo André , Brazil ;
authors: João
authors: J
authors: Castaldelli-Maia
authors: e Department of Psychiatry and Behavioural Science , The Medical City Hospital , Manila , Philippines ;
authors: Kenneth R
authors: KR
authors: Javate
authors: f Psychiatry and Medical Psychology, Neuroscience Department , National University of Asuncion , San Lorenzo , Paraguay ;
authors: Julio
authors: J
authors: Torales
authors: g World Psychiatric Association , Geneva , Switzerland.
authors: Dinesh
authors: D
authors: Bhugra
mesh_terms: D004651:Employment / Q000331:legislation & jurisprudence*; D014943:Global Health / Q000331:legislation & jurisprudence*; D006801:Humans; D028642:Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D019989:Persons with Intellectual Disabilities / Q000331:legislation & jurisprudence*
keywords: Discrimination; legislation; mental disability; right to work and employment; social justice