The Issues of Latin American Disabled People Integration into the World of Work

Most Latin American States have adopted regulations that protect the labor rights of persons with disabilities and comply with international standards. International legal instruments establish that their participating States must ensure effective access to technical and vocational guidance programs, as well as to employment, vocational training and continuing education services. However, the labor legislation regarding the norms relating to persons with disabilities is not only slowly developing, but also opposes the integration of persons with disabilities into the world of work. The only ways to help attract employers to hire people with disabilities are quotas, tax incentives, and priority in obtaining government orders at public auctions. The purpose of the study is to identify the compliance of the national legislation of Latin American countries with the conventions ratified by them on the protection of the labor rights of persons with disabilities. Objectives of the work: to study the legislation of Latin American countries regulating the implementation of the labor rights of persons with disabilities; to identify problems that hinder their employment. The methods of comparative law, system analysis, statistical and formal logical methods were used in the work. The results of the study. The use of the medical definition of disability in the national labor legislation of most Latin American countries hinders the integration of persons with disabilities, reinforcing the link between disability and disability. The low level of education, insufficient qualifications, training costs and special equipment of workplaces are serious obstacles to the entry of persons with disabilities into the labor market. Inconsistent government policies in the field of habilitation and rehabilitation of persons with disabilities for the labor market, as well as the lack of economic incentives, hinder the growth of demand for disabled workers. Organizations prefer to pay fines for non-compliance, because they perceive the costs incurred when concluding employment contracts with people with disabilities as uncompensated financial expenses. A direct link has been established between poverty and disability, as well as between the economic resources of countries and their ability to realize social rights. The conclusion is formulated that despite the visible positive changes, discrimination against persons with disabilities persists in the national legislations of the countries of the region under consideration. There is a need for more thorough verification of the implementation of legislation related to the quota of jobs for people with disabilities by government agencies, and a departure from the medical approach to the definition of disability. Legislative changes are required to create administrative and financial incentives for employers to comply with the law.