Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la readaptación profesional y el empleo (personas inválidas), 1983 (núm. 159) - Brasil (Ratificación : 1990)

The Committee notes the observations of the National Confederation of Industry (CNI), received on 14 August 2024. The Government is requested to provide its comments in this respect.

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and promotion of employment of persons with disabilities. The Committee notes the measures taken by the Government during the reporting period to improve access to vocational rehabilitation services as well as to promote the employment of persons with disabilities on the open labour market. In particular, the Committee notes the information provided by the Government regarding the adoption of Workers’ Support Fund Advisory Board (CODEFAT) Resolution No. 990 of 13 December 2023, regarding proposed improvements to the network of National Employment Service (SINE) service units throughout the country. While Resolution No. 990 does not refer explicitly to persons with disabilities, the Government indicates that the SINE worker placement system is capable of placing workers and other persons with disabilities and of identifying vacancies for persons with disabilities. The Committee further notes that SINE continues to hold an annual “Day D” event, dedicated to the inclusion in the formal job market of persons with disabilities and beneficiaries of the rehabilitation services of the National Social Security Institute (INSS), bringing together enterprises with vacancies and jobseekers. The Committee also notes the statistics provided by the Government regarding the numbers of persons with disabilities placed in employment by SINE from 2020 to 2023, reflecting an increase from 6,215 persons with disabilities placed in 2020 to 9,152 in 2023. In its observations, the CNI indicates that chronic difficulties remain in terms of the inclusion of persons with disabilities in Brazil, referring to research data from the Brazilian Institute of Geography and Statistics (IBGE), demonstrating that there are significant gaps between persons with disabilities and those without disabilities in terms of literacy, access to education, participation in the labour force and employment rates. The CNI reiterates its previous observations that enterprises should not be penalized where they make efforts to recruit persons with disabilities to meet the legal quota, but fall short due to a lack of interested and qualified applicants. The CNI considers that a review of the policy to improve the inclusion of people with disabilities in the labour market is necessary, to provide better conditions for enterprises to meet the legislative quota. The Committee notes the research carried out in 2022 through the National Household Sample Survey Continuous – Module on Persons with Disabilities (PNAD Contínua – Módulo sobre Pessoas com Deficiência). The research was disseminated in 2023 by the Brazilian Institute of Geography and Statistics (IBGE), showing that, as of the third quarter of 2022, the labour force participation rate for persons with disabilities was 29.2 per cent, compared to 66.4 per cent for persons without disabilities. The employment rate for people with disabilities was 26.6 per cent, less than half of the employment rate for people without disabilities, at 60.7 per cent. Average real wages were also significantly lower for persons with disabilities (1,860 Brazilian Real equals) than for persons without disabilities (2,690 Real equals). Persons with disabilities also tend to be concentrated in informal work (55 per cent versus 38.7 per cent).

The Committee requests the Government to provide updated detailed information on the nature and impact of measures taken to promote the vocational rehabilitation and employment of persons with disabilities, including information on measures taken to address gaps identified in the 2022 National Household Sample Survey Continuous (PNAD Contínua) in terms of literacy, access to education, employment and decent work for persons with disabilities and to facilitate the transition of workers from sheltered workshops to the open labour market. The Committee requests the Government to continue to provide updated information on compliance with the quota for hiring persons with disabilities. The Committee further requests the Government to continue to provide updated statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Recalling that quota schemes should be accompanied by a comprehensive package of measures including vocational guidance and training, the Committee requests the Government to provide information on specific measures taken to align the vocational training provided by SINE and the PMQ with the actual skills demand of enterprises subject to the quota system.

Article 4. Effective equality of opportunity and treatment for women and men with disabilities. The Committee notes with interest the adoption of Act No. 14.457 of 21 September 2022, establishing the Emprega + Mulher (Employ More Women) Program, which aims to promote the employment and retention of women in the labour market, including women with disabilities. Section 31 of the Act requires SINE to implement initiatives aimed at improving the employability of women, prioritizing women with care responsibilities for children under the age of five, single women heads of household and women with a disability, or who care for a child living with a disability. The Committee nevertheless recalls that, in its 2015 concluding observations concerning Brazil, the Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about discrimination against women with disabilities in relation to employment, continued reliance on sheltered workshops, and low levels of compliance with the quotas established for the hiring for persons with disabilities for private businesses with more than 100 employees. The CRPD Committee recommended that, in consultation with organizations representing persons with disabilities, the Government develop and implement a coordinated strategy to increase the employment of persons with disabilities on the open labour market, including through specific measures for women with disabilities (CRPD/C/BRA/CO/1, 29 September 2015, paras 48–49). In addition, the CRPD Committee expressed concern at the lack of measures to address discrimination against indigenous people and people of African descent with disabilities, recommending that the Government implement legislation, intersectoral policies and programmes to address multiple forms of discrimination against these groups (CRPD/C/BRA/CO/1, paras 12–13.). Lastly, in its concluding observations on Brazil’s application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the CERD Committee expressed concern that the Government’s current data collection methods do not accurately capture the situation of those persons with disabilities facing intersectional discrimination, including Afro-Brazilians, indigenous peoples and Quilombolos (Afro-Brazilian descendants of escaped slave residing in communities referred to as “quilombolos”) with disabilities, recommending that the Government assess its mechanisms for collecting demographic data at the federal, state and municipal levels and promptly address any gaps or weaknesses in the collection, verification and integration of such data, with a focus on the situation of these groups (CERD/C/BRA/CO/18-20, 19 December 2022, paras 5–6).

Noting that women with disabilities often face a ’double burden’ of paid and unpaid work, the Committee requests the Government to provide specific information on the support measures available to them. Specifically, please indicate whether women with disabilities targeted by these employment programmes effectively benefit from the ’daycare reimbursement’ (reembolso-creche) and flexible working arrangements provided for in the Act. The Committee requests the Government to report on whether these specific measures have successfully alleviated the unpaid care burden for these women, enabling them to engage in decent work outside the home.

The Committee also requests the Government to provide updated information, including statistical data disaggregated by sex, age, education and region, on the impact of the measures taken, including Act No. 14.457, to increase the equal access of women with disabilities to vocational education and training aimed at improving their employability, their access to employment as well as their opportunities for advancement and access to lasting employment. In addition, the Committee requests the Government to provide information on consultations held to develop and implement a strategy to promote equal access to education, vocational training and lasting employment for men both and women with disabilities. The Government is further requested to provide information, including disaggregated statistical data on the nature, scope and impact of measures taken to address the situation of Afro-Brazilians, indigenous peoples, quilombolos and other persons with disabilities who are subject to intersectional discrimination in relation to employment and occupation.

Article 5. Consultations. The Committee notes the information provided by the Government with respect to the composition and role of the CODEFAT Advisory Board, the tripartite regulatory body for the SINE at the national level. The Government also refers to state, district and municipal Labour, Employment and Income Councils (CTER) which operate at the local and regional levels. The Committee nevertheless notes that the Government does not provide specific information on consultations held at the national, local or regional levels with the CODEFAT Advisory Board or the CTER relevant to the implementation of the provisions of the Convention, nor is information provided regarding consultations held with organizations representative of and for persons with disabilities. Noting the Government’s reference to the CODEFAT Advisory Board, the Committee requests the Government to specify the distinct mechanisms established to ensure that organizations representing persons with disabilities (OPDs) are effectively consulted on the design and implementation of new programmes, such as the Manual Querino Program (PMQ) and the SINE reforms. The Committee also requests the Government to provide specific information on the consultations held with these organizations prior to the adoption of the ’Emprega + Mulher’ Program. Please describe how their views were taken into account, particularly regarding the specific needs of women with disabilities.

Article 7. Education and relevant vocational training. The Committee notes the adoption of Ministry of Labour and Employment (MTE) Ordinance No. 3222 of 21 August 2023, establishing the Manuel Querino Program for Social and Professional Qualifications (PMQ), which aims to provide social and professional qualification training for young people and workers. Section 4 of the Ordinance includes among the PMQ’s general objectives: the social inclusion of workers and the fight against discrimination and vulnerability of populations; the development of knowledge and skills, access to employment and decent work, the generation of work and income opportunities, as well as retention of the worker in the world of work. The Committee notes that section 12 of MTE Ordinance No. 3222 requires the allocation to persons with disabilities of 10 per cent of places in all trainings or other activities carried out under the PMQ. In addition, the Committee notes the adoption of CODEFAT Resolution No. 995 of 15 February 2024, relating to the establishment and implementation of the PMQ, as an integral component of SINE. Resolution No. 995 also requires that 10 per cent of places in PMQ training courses be reserved for persons with disabilities. The Committee nevertheless notes that many persons with disabilities, particularly those facing intersectional discrimination, continue to experience significant barriers in terms of accessing basic education, an important requirement to enable them to progress to higher education, as well as to access vocational training and decent employment opportunities. According to the 2022 National Household Sample Survey Continuous, persons with disabilities in Brazil had an extremely high illiteracy rate of 19.5 per cent, almost 5 times as high as the 4.1 per cent illiteracy rate for persons without disabilities. Moreover, only 25.6 per cent of persons with disabilities had completed basic education, defined as primary and secondary schooling, compared to 57.3 per cent of persons without disabilities. Noting the important link between education, literacy and employment, the CERD Committee expressed concern about the illiteracy levels of Afro-Brazilians, noting reports that of all those who do not complete basic education, 71.7 per cent are black. While the CERD Committee recognized that the adoption of Act No. 12.711 in 2012, which established a quota system, had significantly increased the enrolment of Afro-Brazilians in higher education institutions, it was concerned that this system had been less effective at granting access to university to Afro-Brazilians and indigenous peoples facing intersectional forms of discrimination, including those with disabilities (CERD/C/BRA/CO/18-20, 19 December 2022, para. 18). The Committee requests the Government to provide information, including statistical data, on measures taken or envisaged to address the situation of persons with disabilities including those facing intersectional discrimination, in terms of their access to basic and higher education, their literacy levels, as well as their access to vocational training to enable them to enjoy equal access to the labour market, advance and remain in employment. The Committee also requests the Government to report on the specific measures taken to ensure the physical, informational, and pedagogical accessibility of the vocational training centres and materials used under the Manuel Querino Program (PMQ) and SINE. Please indicate whether ’universal design’ principles are applied to training curricula to ensure they are fully accessible to persons with different types of impairments (e.g., visual, hearing, cognitive) and if specific support technologies are provided to trainees.

Articles 8 and 9. Rural areas and remote communities. Specially trained staff. The Government reports that SINE offers online placement services for jobseekers and workers, including those with disabilities. It adds that persons requiring in-person services may visit one of the 1,450 SINE offices across the country. The Committee notes that CODEFAT Resolution No. 990 on the improvement of the network of SINE services across the country provides not only for the improvement of physical SINE units, but also proposes mobile SINE units to provide services for those who might otherwise experience difficulties in accessing the physical SINE units The Committee requests the Government to provide updated information on the impact of Resolution No. 990 on vocational rehabilitation services and employment services provided to clients with disabilities in rural areas and remote communities, including through mobile SINE units. In addition, the Government is requested to provide updated information on measures taken to ensure adequate training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities, particularly in rural areas and remote communities. Please also indicate whether the Government implements Community-Based Rehabilitation (CBR) strategies to ensure continuous support in remote areas where the presence of mobile units may be intermittent.