Over the years, the position of people with disabilities in society has changed. Following the emergence of the social model of disability, people with disabilities have become full holders of human rights, including the right to work. Since the labour market is largely inaccessible to them, this right remains as yet rather a theoretical right. In order to remedy this situation, a number of legal instruments provide for a ‘right to reasonable accommodation’. This right entitles an employee to demand a number of reasonable adjustments to his work environment. The duty to accommodate is the central theme of this chapter. Prior to discussing this matter, it is important to provide the reader with a good insight into the concept of disability.

INTRODUCTION

The right to work is incorporated in various European and international sources of law. Article 23(1) of the Universal Declaration of Human Rights, for instance, stipulates that everyone has the right to work. The right to work can also be found in Article 1 of the Revised European Social Charter, Article 22 of the Covenant on Civil and Political Rights and Articles 6–8 of the Covenant on Economic, Social and Cultural Rights. In Belgium, this right has even acquired the status of a constitutional right by its introduction in the Constitution in 1994 (Art. 23,1°).

The fact that the right to work is incorporated in many sources of law can be explained by the importance of work. Irrespective of the fact that work is an essential factor in terms of being able to earn a living, it also has other important functions. Work is a fundamental activity that allows human beings to develop themselves. In a way, people derive their identity from their work. Furthermore, it is the supreme means of participating fully in society. Finally, the right to work is essential for realising other human rights and constitutes an inseparable and inherent part of human dignity.

Due to the universal scope of the legal instruments mentioned above, the right to work applies to every person. Nonetheless, several population groups are still excluded from exercising this right, in particular people of a different origin, women and people with disabilities.