Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Access to work for disabled persons in South Africa: A rights critique

Access to work for disabled persons in South Africa: A rights critique
by Meryl Candice du Plessis
2017
ISBN: 978-1-920538-67-5
Pages: 253
Print version: Available
Electronic version: Free PDF available

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About the publication

Assumptions of inability and the perceived costs of employing disabled persons are two of the primary reasons why it has been impossible or difficult for many capable disabled persons to access work and to continue working. This book considers the South African legal framework that seeks to promote such access and critiques it with particular reference to the intersections of the rights to equality and access to social security. One of the primary arguments is the need for a more active conception of social security in which access to work for disabled persons is recognised as an integral component of promoting both social security and substantive equality.


Table of Contents

Preface
Acknowledgments
About the author
Dedication
Abbreviations
Cases, legislation, government publications and international instruments

  1. Introduction
    1 Access to work for disabled persons: Historical and contemporary challenges
    2 Overall objectives of the book
    3 Central themes in the book
    4 Overall structure of the book
    5 Notes on selected terminology
    6 Scope of the book
  2. Approaches to disability and their relevance for labour and social security law
    1 Introduction
    2 Historical and contemporary influences on conceptions of and responses to disability
    3 Working definitions of disability
    4 Move towards social explanations of disability
    5 Scope of and issues raised by social understandings of disability
    6 A suggested theoretical typology of conceptions of disability
    7 Themes that flow from social explanations of disability
    8 Objectives of labour and social security law and the relevance of disability
    9 Broad analytical framework
  3. Substantive equality and conceptions of disability
    1 Introduction
    2 Social understandings of disability and rights
    3 Substantive approach to equality
    4 Capability, disability and substantive equality
    5 Concluding remarks
  4. Prohibitions on discrimination: Potential and constraints
    1 Introduction
    2 Legal framework for equality in the labour context
    3 Context in the equality ‘test’
    4 Disability discrimination and disadvantage
    5 Causes of discrimination and the limitations of duties to refrain from discrimination
    6 Concluding remarks
  5. Employment testing
    1 Introduction
    2 Medical testing and similar assessments
    3 Psychological testing and similar assessments
    4 Employment testing and unfair discrimination
    5 Employment testing and direct and indirect discrimination: Selected issues
    6 Concluding remarks
  6. Positive non-discrimination and affirmative action duties
    1 Introduction
    2 Reasonable accommodation
    3 Reasonable accommodation as a positive duty
    4 Considerations in the implementation of reasonable accommodation
    5 Positive duties, social understandings of disability and substantive equality
    6 Positive duties and structural change
    7 Concluding remarks
  7. Positive state duties in respect of access to employment – constitutional framework
    1 Introduction
    2 Rights dimension of access to social security
    3 Right of access to work for disabled persons: Selected issues
    4 Concluding remarks
  8. Network of social security laws that impact access to work for disabled persons
    1 Introduction
    2 Regulatory framework for social assistance
    3 Occupational injuries and diseases and return-to-work measures
    4 Unemployment insurance regulatory framework
    5 Disability benefits in the ‘private’ sphere
    6 Work opportunities for disabled persons
    7 Concluding remarks
  9. Overall conclusions and recommendations
    1 Introduction
    2 Social understandings of disability
    3 Substantive equality
    4 Unfair discrimination and affirmative action
    5 State’s positive obligations in respect of access to work
    6 Final concluding remarks
    7 Recommendations for future research
Bibliography

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