From the DW:
“How Germany
violates conventions on disability rights”
Germany's
sheltered workshops for people with disabilities exist in breach of a UN
treaty. Now the European Parliament has voted to phase them out — but Germany's
3,000 workshops may not be going anywhere. It is a bright sunny day at the
Westhafen canal, an industrial area of Berlin where factories and cranes tower
above from all sides. It is the end of the workday at one seven-story concrete
building. Employees wearing masks are streaming out, being helped aboard
minibuses by staff members in high-visibility jackets or heading to the nearby
train station. This is a sheltered workshop, where all employees have some form
of mental or physical disability. These workshops have existed in Germany in
some form for over 50 years. But this month the European Union adopted a new
disability strategy — which calls for the end of the workshops.
More than a
workplace "A whole spectrum of people work here, from those with
learning difficulties to people with serious physical disabilities,"
managing director Dirk Gerstle said, sitting in a spacious, sunbathed room by
the canal that serves as the facility's art workshop. The BWB workshop
is Berlin's largest, with some 1,600 employees, and is one of more than 3,000
in Germany that employ a total of about 320,000 people. The employees
take on a wide range of tasks, from artisanal labor to metal- and woodwork,
packaging confectionery and administrative tasks tailored to their experience
and ability. Built into the mandate of the workshop is a responsibility
for the care and rehabilitation of the employees, Gerstle said. The social
aspect of their daily life, as well as psychological and physical support, is
just as important as the work that they do. Gerstle described the employees as
a "community."
Germany
violates UN convention Gerstle acknowledges that the workshops are not
"inclusive" spaces — by their very nature they segregate people with
disabilities from the rest of the workforce. This contravenes the UN Convention
on the Rights of Persons with Disabilities, which was ratified by Germany in
2008. Article 27 requires signatories to "promote the acquisition by
persons with disabilities of work experience in the open labor market."
By not banning workshops, "EU member states are still failing to meet
their obligations," Katrin Langensiepen, a German Green and a member of
the European Parliament who helped sculpt the bloc's new disability strategy,
told DW in a statement. Langensiepen, who is the first woman with a
visible disability to be elected to the European Parliament, is the author of a
report that calls for the phasing out of sheltered workshops. Her report,
approved by a large majority in Strasbourg last week, demands that EU member
states "ensure that sheltered workshops should be limited to an option for
a temporary period for people with disabilities in their working life cycle
[and] speed up deinstitutionalization." "The European
Parliament has sent a clear signal against the segregation of people with
disabilities," Langensiepen said in her statement. "Instead of
promoting old systems that make people with disabilities invisible, we are
advocating for strengthening social alternatives where people with and without
disabilities work together."
Not a
'temporary period' for most Under Germany's current model, the primary purpose
of sheltered workshops is to integrate people with disabilities into other
jobs. But in fact fewer than 1% or people manage this transition. In a typical
year at the BWB, Gerstle said, 10 employees might move to other jobs, or about
0.6% of his workforce. One obstacle is the fact that the workshops have
to operate as for-profit businesses. This means that in order to pay employees
and exist under the legal framework, there are economic targets that have to be
met. Langensiepen said this meant that "workshops do not have an
interest in letting the best workers move on." The most productive
employees in the workshops may well be those who are best-prepared for
integration into the primary labor market, but they are also those often the
people whose labor the workshops might miss the most. Gerstle said some
staff members — "but not a majority" — were motivated by this
businesslike approach. He has seen instances when people focused on profits did
not encourage employees to spread their wings and leave the workshop for
better-paying employment.
Employees
earn 'pocket money' The other hefty critique aimed at the current system is
how little the employees earn. Anne Gersdorff, who works for the disability
rights NGO Sozialhelden (Social Heroes) described their income as "pocket
money." The income varies between workshops, but is typically about
€1 ($1.20) per hour — well below the German legal minimum wage, which is
currently €9.35 per hour. The German federal working group for workshops
has called for a rise to this hourly wage, but also wrote in a statement to DW
that comparisons with the minimum wage are not clear-cut. "This
income is supplemented by a publicly financed work promotion allowance. Work in
workshops is not directly comparable with full-time employment, as the workshop
provides other services such as occupational and physical therapy, speech
therapy, and sports and cultural activities, which employees can also take
advantage of during working hours," according to the working group. "In
addition, people with disabilities who have no other income apart from workshop
pay receive state assistance for living expenses — e.g.. subsidies for rent
payments, care services, pension for reduced earning capacity and basic income
support," the statement said. Gersdorff and other campaigners say
this misses the point: People with disabilities should have the option to earn
a wage on par with other workers and not be forced to rely on sheltered
workshops. "People with disabilities who want to follow individual
inclusive paths have bureaucratic obstacles in their way if they try their luck
in the open labor market," she said at a press conference.
A matter of
choice Despite the UN convention and the new EU strategy, German policy has
not changed: According to the government, workshops should remain one of
several avenues for employing people with disabilities. Investment into other
options has been made under a participation law that came into effect in 2018
and will continue to be introduced in phases through 2023. New
"budgets" for jobs and apprenticeships aim to improve opportunities
for people with disabilities to enter the open labor market. In
outlining the new budgets, the commission for people with disabilities has
included workshops in the future plan: "All people with disabilities who
are entitled to employment in a workshop for people with disabilities are
eligible [for the budgets for work and apprenticeship]. But the right to return
to the workshop is possible at any time." Langensiepen said
sheltered workshops could be a good option for some workers — but not in their
current form. "If some people who are employed at the workshops are
happy there and want to stay in that community, then that should be made
possible, but they should actually be employed as a part of the
workforce," she said. As long as the employees of sheltered
workshops are still not treated equally with workers in the primary labor
market, Germany is falling short on its obligations according to international
treaties — and is falling short on its responsibilities toward people with
disabilities.
^ I think sheltered
workshops for the disabled are a good thing as long as they pay each worker the
same minimum wage that a non-disabled workers makes. ^
https://www.dw.com/en/how-germany-violates-conventions-on-disability-rights/a-56901202
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