La mirada de los trabajadores en situación de discapacidad a nivel intelectual, en el artículo 27 de la Convención sobre los Derechos de las Personas con Discapacidadtrabajo y empleo

Abstract

On December 13th, 2006 was adopted by the United Nations Assembly, the Convention on the Rights of Persons with Disabilities, through which, the States Parties committed themselves to implement measures of both non-discrimination and positive action, to guarantee the equal opportunities for people with disabilities. On March 30th, 2007, Spain ratified this international treaty and since May 3th, 2008, it is incorporated to our legal system. The Convention provided a new impetus to promote equal opportunities for people with functional diversity in the workplace. Article 27, specifically dedicated to work and employment, aims to establish measures, policies and strategies to ensure that people with disabilities can have their work rights in equal opportunities than others. Work and employment, besides being a basic social right, is considered a key factor for social inclusion, favoring the autonomy and self-determination of people with disabilities, as well as, a more active participation in the community. After more than ten years have passed since the Convention was approved, the right to work under equal conditions has continued to be systematically violated to these days, constituting one of the main areas of discrimination against this group. The issue of this research is to make a description of how workers with intellectual diversity in Spain, understand and value, in their first person, the implementation of measures established in Article 27 of the Convention, to safeguard their rights in terms of work and employment. In order to respond to this objective, we propose five specific objectives which focus on analyzing the psychometric properties of the instrument designed for this research, "Questionnaire of rights at work", CDT-27; assess the accessibility to information that workers with intellectual functional diversity have about their rights in terms of work and employment; analyzes their possibilities of choice and decision making in aspects related to work and identify factors of inclusion / discrimination in the workplace. For the realization of this doctoral thesis, we had a sample of 734 people with disabilities at an intellectual level, who were working in Spanish territory, who were selected through a consecutive non-probabilistic sampling procedure. The design used is a non-experimental but quantitative design in the type of a survey, because this type of study allows to generalize the information collected for a much larger population group. The procedure carried out obeys to the classic phases of research: bibliographic review and delimitation of the research problem; design and development of instruments for the collection of information; application of instruments for data collection; analysis of the data, interpretation of results and extraction of conclusions, concluding with the preparation of the research report. The results obtained allow us to get closer to know the degree of compliance with article 27. In terms of accessibility to information on work rights and employment, we have been able to verify that the formal sources for the acquisition of their rights are not accessible to them. As a result there is a wide ignorance about work rights. Regarding the possibility of choices, workers with intellectual functional diversity have a limited autonomy in their jobs and the most incipient discrimination factor is still the difficulty to access a job. Once reached, the difficulty is to promote professionally. These three dimensions are positively related