Svenskt diskrimineringsskydd i arbetslivet i ljuset av Konvention om rättigheter för personer med funktionsnedsättning

Sammanfattning

In this paper the Swedish discrimination legislation in the working life will be compared to the UN convention on the rights of persons with disabilities CRPD. With special attention to the prohibition off inadequate accessibility. The rule inadequate accessibility has the purpose to give people with disabilities access to society in equal basis to other people. In Swedish law disability is a medicinal concept. The type, duration and the extent of the disability are necessary criteria. There is no definition of the concept disability in the convention. In order for the person with a disability to end up in a comparable situation with people without the same disability, reasonable measures are required. These measures should be reasonable considering financial and practical conditions, the duration of the relationship and other circumstances of importance. What is considered reasonable varies from situation to situation but should not result in too great a burden for the employer or affect other employees in a negative way. In Swedish law are simple and cheap measures considered reasonable. In the convention is the balancing of interest between the parties essential. All relevant circumstances must be considered including the costs, the value of work for the disabled person and none monetary values. It is also essential to involve the disabled person in the process to find reasonable alternatives.