“合理便利”的特点及其在我国就业领域的适用

The Concept of ‘Reasonable Facilitation’ and Its Application in Employment in China

合理便利和无障碍是联合国《残疾人权利公约》中的重要概念。合理便利与无障碍建设可以相互促进,二者也应当一体推动共同发展。该公约缔约国对确保提供合理便利承担着即时履行义务,而合理便利的主观权利特征及个人化、可诉性、便捷性等优点,使合理便利成为灵活有用的权利保障工具。合理便利既可以在无障碍建设不足的情况下作为无障碍建设的补充,又可以在不涉及无障碍建设的领域发挥独特作用,以最大限度地满足特定主体的特定需要。缔约国对无障碍建设则负有前置的、渐进履行的主要义务,无障碍建设还具有通用设计、规模化、经济化、无需个案考量等优点。在中国,合理便利已在就业领域有了形式多样的具体实践,但同时也存在着偶然性、随意性、简单化、缺乏制度保障等明显不足。在进一步推动残障者融合就业的过程中,除了加强无障碍建设,还应当充分认识和灵活运用合理便利。

Both reasonable facilitation and accessibility are critical concepts of the Convention on the Rights of Persons with Disabilities （CRPD）, which should be promoted and developed as a whole. The signing parties to the Convention have the immediate obligations to guarantee reasonable facilitation, whose characteristic of being a subjective right and advantages of customization, accountability and convenience make it a flexible tool for right protection. Rea- sonable facilitation can serve as a supplement to the insufficient accessibility as well as play a u- nique role in other areas not related to accessibility to meet the needs of certain people to the largest extent. The signing parties to the CRPD has ex nunc and immediate obligation to realize accessibility which has advantages of universal design, scalability, economization, and one fit for all. In China, although there are shortcomings of contingency, arbitrariness, simplicity and a lack of systematic support, there are already various forms of practices in employment. In the process of further promoting the inclusive employment for persons with disabilities, reasonable facilitation, apart from accessibility, should be fully acknowledged and flexibly applied.