gms | German Medical Science

Background: This presentation is derived from discussions related to the book The Science and Politics of Work Disability Prevention [1] that addresses the social, political and economic contexts driving state work disability reform in 13 countries.

Aim: Attention to regulation in national jurisdictions is necessary for understanding the politics and practice of work disability prevention and rehabilitation, but it is influenced by international law. The presentation wants to show the international legal context, especially the UN-Convention on the Rights of Persons with Disability (CRPD), the ILO-Convention No 159 (Vocational Rehabilitation and Employment Convention) and the EU-law (Equal Treatment Directive 2000/78/EC).

Method: Documents are examined from the UN CRPD-committee, the ILO and the EU as well as from international courts (ECJ and ECHR) and national courts and governments to identify the ways international regulation influences and provides coherence to return-to-work and rehabilitation. It will describe direct effects like court decisions as well as the discourse created by common terms and subjects.

Results/findings: Especially in EU-countries a certain effect of discussions on reasonable accommodation of workplaces derived from Art 5 Dir 2000/78/EC and Art 27 CRPD can be observed. Moreover ILO and CRPD help to create global minimum standards.

Discussion and conclusions: It shall be openly discussed if there is a trend towards international convergence in rehabilitation and return-to-work-policies.