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Artificial Intelligence in Disability Employment: Incorporating a Human Rights Approach

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Law and Artificial Intelligence

Part of the book series: Information Technology and Law Series ((ITLS,volume 35))

Abstract

Persons with disabilities experience high levels of unemployment, job insecurity, tightly bound with persistent socioeconomic aspects such as poverty, social isolation and marginalization. Such worrisome developments tend to magnify and reproduce the inequality and discrimination this vulnerable group faces in the field of employment with long-lasting effects on their life course and on economic development in general. At the same time, in an increasingly unequal world Artificial Intelligence (AI) technologies have rapidly emerged from the shadows to become a priority in the global market as well as to advance people’s lives. Against this backdrop, the opportunities and challenges in harnessing AI technologies (i.e., applications/smart devices amplifying human capability) to reasonably accommodate the needs of persons with disabilities in the labour market are examined in this chapter. Undoubtedly, realizing the full potential of AI technologies within employment settings from a disability rights perspective is particularly challenging. To this end, a human rights approach brings into play established frameworks of legal obligations and tools so as to regulate and evaluate the performance of AI technologies with the immediate and ultimate goal the benefit of the whole society. Looking ahead, as a way of facilitating employment opportunities for persons with disabilities this chapter concedes that AI should be framed as a matter of equity and in consistency with human rights principles and standards for achieving optimum workplace accessibility and inclusivity.

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Notes

  1. 1.

    World Health Organization and World Bank 2011. United Nations undated. World Health Organization 2020a.

  2. 2.

    World Health Organization and World Bank 2011.

  3. 3.

    Ibid. See generally Rembis et al. 2018.

  4. 4.

    Ibid. See also Broderick and Ferri 2019, p. 28.

  5. 5.

    See generally International Telecommunication Union 2019. Human Rights Council 2020, p. 2.

  6. 6.

    See, for instance, Employer Assistance and Resource Network on Disability Inclusion 2019. See also Outline for the Draft preparation of a General Comment on Article 27 of the CRPD (the right to work and employment). Human Rights Council 2020, p. 2. European Disability Forum 2020.

  7. 7.

    World Health Organization and World Bank 2011.

  8. 8.

    See generally Tomašev et al. 2020, pp. 1–6; Floridi et al. 2018, pp. 689–707.

  9. 9.

    UN Department of Economic and Social Affairs 2019, p. 150. See in relation Buckup 2009.

  10. 10.

    World Bank 2020. Employer Assistance and Resource Network on Disability Inclusion 2019. International Labour Office (ILO) 2011, pp. 5–6.

  11. 11.

    World Health Organization and World Bank 2011, p. 245. United Nations 2020, p. 4.

  12. 12.

    See Preamble recital (e) and Article 1, UN Convention on the Rights of Persons with Disabilities, UN Doc A/RES/61/106. https://www.ohchr.org/en/hrbodies/crpd/pages/conventionrightspersonswithdisabilities.aspx Accessed 27 February 2021; Human Rights Council 2008. In a nutshell, it is of note that four main theoretical models of disability are identified in literature: the medical model (known also as the “charity” or “individual” model), the social model, the human rights model and the capabilities approach. For an analysis of the theoretical models of disability, see Broderick and Ferri 2019, pp. 18–26. See also Siebers 2008, p. 25.

  13. 13.

    Waddington and Broderick 2018, p. 37. See, Preamble, recital (e) and Article 1, UN Convention on the Rights of Persons with Disabilities, UN Doc A/RES/61/106. https://www.ohchr.org/en/hrbodies/crpd/pages/conventionrightspersonswithdisabilities.aspx Accessed 27 February 2021.

  14. 14.

    World Health Organization and World Bank 2011.

  15. 15.

    United Nations Factsheet on Persons with Disabilities.

  16. 16.

    UN Department of Economic and Social Affairs 2019, p. 150. World Health Organization and World Bank 2011, p. 240.

  17. 17.

    UN Department of Economic and Social Affairs 2019, p. 152.

  18. 18.

    World Health Organization and World Bank 2011, pp. 239–240. See also UN Committee on Economic, Social and Cultural Rights, General comment No. 23 on the right to just and favourable conditions of work (article 7 of the International Covenant on Economic, Social and Cultural Rights), UN Doc. E/C.12/GC/23, 27 April 2016, para 47 (c).

  19. 19.

    UN Department of Economic and Social Affairs 2019, p. 158.

  20. 20.

    See Sainsbury and Coleman-Fountain 2014, p. 2. Buckup 2009.

  21. 21.

    See Broderick and Ferri 2019, p. 217.

  22. 22.

    Ibid. International Labour Office (ILO) 2011, p. 5–6. European Parliament 2017, para T.

  23. 23.

    See, for instance, ILO Global Business and Disability Network and Fundación ONCE 2019.

  24. 24.

    World Trade Organization, World Health Organization, World Intellectual Property Organization 2020, p. 89.

  25. 25.

    World Trade Organization, World Health Organization, World Intellectual Property Organization 2020, p. 89. For existing definitions of AI, see also High-Level Expert Group on Artificial Intelligence 2019.

  26. 26.

    European Commission 2018, p. 1.

  27. 27.

    See for instance, World Business Council for Sustainable Development 2020. ILO Global Business and Disability Network and Fundación ONCE 2019, pp. 19–20.

  28. 28.

    See generally Employer Assistance and Resource Network on Disability Inclusion 2019.

  29. 29.

    World Business Council for Sustainable Development 2020, pp. 3–5. Here, it is essential to note that the above mentioned examples of AI serve as a representative illustration of AI tools and activities on disability carried out by technology providers. For a comprehensive account of AI tools and activities on disability, see, e.g., Employer Assistance and Resource Network on Disability Inclusion 2019, pp. 4–5.

  30. 30.

    Employer Assistance and Resource Network on Disability Inclusion 2019. International Labour Office (ILO) 2011, pp. 5–6.

  31. 31.

    As regards to the multifaceted nature of AI, see for instance Zardiashvili and Fosch-Villaronga 2020, p. 45.

  32. 32.

    See, for instance, World Business Council for Sustainable Development 2020, p. 5. ILO Global Business and Disability Network and Fundación ONCE 2019, p. 18.

  33. 33.

    Employer Assistance and Resource Network on Disability Inclusion 2019, p. 3. European Disability Forum 2020, p. 5.

  34. 34.

    Ibid. Employer Assistance and Resource Network on Disability Inclusion 2019.

  35. 35.

    ILO Global Business and Disability Network and Fundación ONCE 2019, p. 18. World Business Council for Sustainable Development 2020, p. 5. See also Outline for the preparation of a General Comment on Article 27 of the CRPD (the right to work and employment). European Disability Forum 2020, pp. 5–8. World Business Council for Sustainable Development 2020, p. 5.

  36. 36.

    Nugent et al. 2020, pp. 11–12. Employer Assistance and Resource Network on Disability Inclusion 2019, p. 4.

  37. 37.

    Ibid.

  38. 38.

    Ibid.

  39. 39.

    European Parliament and Council of the European Union 2016.

  40. 40.

    See generally Land and Aronson 2018, p. 1.

  41. 41.

    See generally Broderick 2015.

  42. 42.

    UN Convention on the Rights of Persons with Disabilities, UN Doc A/RES/61/106.

  43. 43.

    Of note, currently 182 countries are parties to the CRPD (status as at 28 February 2021).

  44. 44.

    UN Convention on the Rights of Persons with Disabilities, UN Doc A/RES/61/106.

  45. 45.

    Ibid. Of note, the right to work is also recognised in other international human rights treaties, such as in Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights (1966), in Article 32 of the Convention on the Rights of the Child (1989). For a definition of reasonable accommodation see Article 2 CRPD according to which reasonable accommodation means “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”.

  46. 46.

    Broderick and Ferri 2019, p. 217.

  47. 47.

    Human Rights Council 2020, p. 2.

  48. 48.

    UN Committee on the Rights of Persons with Disabilities, General Comment No 5 (2017) on living independently and being included in the community, UN Doc CRPD/C/GC/5, 27 October 2017, para 83.

  49. 49.

    See UN Committee on the Rights of Persons with Disabilities, General Comment No. 6 on equality and non-discrimination, UN Doc. CRPD/C/GC/6, 26 April 2018.

  50. 50.

    See in relation Outline for the preparation of a General Comment on Article 27 of the CRPD (the right to work and employment).

  51. 51.

    UN Committee on the Rights of Persons with Disabilities, UN Doc CRPD/C/GC/5, para 84. See in relation Outline for the preparation of a General Comment on Article 27 of the CRPD (the right to work and employment).

  52. 52.

    Pursuant to Article 9 CRPD accessibility refers to the access of persons with disabilities “on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas”. See also UN Committee on the Rights of Persons with Disabilities, General Comment No. 2 on Article 9: Accessibility, UN Doc. CRPD/C/GC/2, 22 May 2014.

  53. 53.

    See World Health Organization 2020b. Of note, according to the WHO, access to assistive technology constitutes a fundamental human right in that its primary purpose is to maintain and/or enhance an individual’s functioning and independence, while enabling the user to have better access to employment opportunities and to fully participate in society in general.

  54. 54.

    See Article 16 CRPD.

  55. 55.

    See Article 4 para 3 CRPD.

  56. 56.

    See generally McGregor et al. 2019, p. 330.

  57. 57.

    Ibid.

  58. 58.

    Beitz 2009, p. 46.

  59. 59.

    International Labour Office (ILO) 2015, p. 7.

References

Other Documents

  • Outline for the preparation of a General Comment on Article 27 of the CRPD (the right to work and employment). https://www.ohchr.org/Documents/HRBodies/CRPD/GC/Outline_GeneralComment_EN.docx Accessed 27 February 2021

  • UN Committee on Economic, Social and Cultural Rights, General comment No 23 on the right to just and favourable conditions of work (article 7 of the International Covenant on Economic, Social and Cultural Rights), UN Doc E/C.12/GC/23, 27 April 2016

    Google Scholar 

  • UN Committee on the Rights of Persons with Disabilities, General Comment No 2 on Article 9: Accessibility, UN Doc CRPD/C/GC/2, 22 May 2014

    Google Scholar 

  • UN Committee on the Rights of Persons with Disabilities, General Comment No 5 (2017) on living independently and being included in the community, UN Doc CRPD/C/GC/5, 27 October 2017

    Google Scholar 

  • UN Committee on the Rights of Persons with Disabilities, General Comment No 6 on equality and non-discrimination, UN Doc CRPD/C/GC/6, 26 April 2018

    Google Scholar 

  • UN Convention on the Rights of Persons with Disabilities, UN Doc A/RES/61/106. https://www.ohchr.org/en/hrbodies/crpd/pages/conventionrightspersonswithdisabilities.aspx Accessed 27 February 2021

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  1. Aristotle University of Thessaloniki, Thessaloniki, Greece

    Elisavet Athanasia Alexiadou

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  1. eLaw - Center for Law and Digital Technologies, Leiden University, Leiden, The Netherlands

    Bart Custers

  2. eLaw - Center for Law and Digital Technologies, Leiden University, Leiden, The Netherlands

    Eduard Fosch-Villaronga

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Alexiadou, E.A. (2022). Artificial Intelligence in Disability Employment: Incorporating a Human Rights Approach. In: Custers, B., Fosch-Villaronga, E. (eds) Law and Artificial Intelligence. Information Technology and Law Series, vol 35. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-523-2_7

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