The Extent to Which Labor Laws are Applied to Persons with Disabilities at the International and National Levels: Focusing on Theoretical Legal Texts and Practical Reality in Jordan and Saudi Arabia

Abstract

This research aims to focus on people with disabilities in labor laws and the extent to which states are interested in giving them their rights to become a productive human being and participate in life-making and decision-making, and this will only happen if the person with disabilities is economically independent and depends on work guaranteed by law. Therefore, our research aimed to define the concept of disability, identify the types of disability through national legislation and in accordance with international conventions, in addition to clarifying  the right of a person with disabilities to get a proper work that suits the kind of the disability he has as well as to focus on equality between them and healthy people.As a result, international and national laws have confirmed the protection of the disabled persons and their right to work. This great concern for the disabled has shown in real protection in public and private institutions through active participation and community integration. However, the problem of research is to reach a definition of the concept of persons with disabilities, in addition to the inadequacy of legal texts binding on the employments of the disabled and granting them their rights in a proper manner.This study examined the compatibility of national legislation with the international conventions governing the right of persons with disabilities to work as a group of society. The international and regional conventions of this category ensured that they have the right to equality and to work in the same way as other individuals in societies .Comparative constitutions, including the Jordanian Constitution, guarantee the protection of persons with disabilities and enable them to exercise their rights, notably the right to work . The statutes concerned  the  protection of the rights of persons with disabilities, including the Jordanian Labour Law, which established the right of disabled persons to work and other relevant laws. The rights of persons with disabilities to protect the disabled in all institutions concerned with them through the active participation and social integration of the disabled to show his leading role in society and other bodies concerned with the work of the disabled and his personal freedom.The researcher concludes that the developed country is a pioneer in this field to developing countries, including Jordan, despite the great interest of the disabled, and this may due to the availability of financial resources and technological progress of those countries.

Keywords: Saudi labor system,  legal protection , persons with disabilities, Jordanian law, Jordanian Labor law,  international conventions  ,the rights of the disabled persons. Right to Work.

DOI: 10.7176/JLPG/121-03

Publication date:June 30^th 2022