Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the detailed information and the statistics supplied in the Government’s report. It notes in particular that in 2003, 1,309 persons with disabilities participated in the programmes of employment clubs, public works and vocational training and that 3,177 worked in subsidized jobs especially adapted to persons with disabilities. It also notes however the observations made by the Lietuyos Darbo Federacija (LDF) received in September 2004, stating that although the national legislation contains numerous provisions on the legal status and social integration of disabled persons, the Convention is not often put into practice. The Committee therefore asks the Government to continue providing information on measures adopted in favour of persons with disabilities in the context of its national policy, in particular concerning the following points.

2. Articles 3 and 7 of the Convention. The Government indicates that there is no uniform and functional system of vocational rehabilitation, which limits the effectiveness of the vocational training services. Vocational rehabilitation infrastructure and services will be further developed under the Strategic Directions for the Development of Vocational Rehabilitation for 2004-10. The Government also indicates that although many measures have been taken to encourage the employment of disabled persons in the open labour market, only those with minor disabilities have any real possibility of finding employment. A bill to revise the Law on social integration was adopted in 2004 (in force in July 2005), under the National Programme on Social Integration of the Disabled for the years 2003-12, in order to replace the notion of "disability level" with that of "work capacity level" and thereby facilitate the occupational integration of disabled people. The Committee asks the Government to continue to provide information on the measures taken to promote the vocational rehabilitation and employment of disabled persons.

3. Article 4. The Government reports the adoption in November 2003 of the Law on equal opportunities, under which special measures to ensure real equality of opportunity and treatment between disabled workers of both sexes and other workers shall not be considered as discriminatory. The Committee notes that the Law on the support for the unemployed contains special positive measures and that, on the recommendation of the Employment Fund, any company with a staff of more than 50 must set aside at least 2 per cent of jobs for disabled persons. The Government indicates that two projects are under way to encourage the integration of women workers with disabilities into the labour market: one financed by the PHARE programme of the European Union and the other conducted jointly by the Information Office for the Disabled, the Lithuanian Labour Market Training Authority and the ILO. The Committee asks the Government to continue to provide information on the implementation of the abovementioned measures and the projects providing for the special positive measures required by Article 4 of the Convention.

4. In this connection, the Committee notes that the Law on equal opportunities provides for the establishment, from 1 January 2005, of an equal opportunities ombudsman, who will hear complaints of equal rights violations. According to the Government, this should facilitate the filing of complaints by persons with disabilities. The Committee asks the Government to keep it informed of the operation and activities of this institution in the areas covered by the Convention.

5. Article 8. The Government indicates that the availability of vocational rehabilitation and employment services for disabled persons is limited in small towns and non-existent in villages. The Strategic Directions for the Development of Vocational Rehabilitation for 2004-10, approved in March 2004, provide for various measures to give effect to this provision of the Convention. Referring to the observations made by the LDF, the Committee asks the Government to keep it informed of developments in this regard.

6. Article 9. The Government indicates that staff qualifications are for the most part obtained through the exchange of experience with foreign partners and participation in international conferences and seminars. A project under the PHARE programme and a project known as "Disability Etiquette" aim to improve the qualifications of staff of the Lithuanian Labour Market Training Authority. The Committee asks the Government to continue to provide information on the measures taken to ensure that suitably qualified staff responsible for vocational rehabilitation are made available to disabled persons.