Moldavian Journal of International Law and International Relations
CONSTITUTIONAL GUARANTEES AND INTERNATIONAL LABOR STANDARDS FOR THE PROTECTION OF PERSONS WITH DISABILITIES
Author: SHCHUKINA Natalia
JEL Classification: K 10, K 33; K 31
Universal Decimal Classification: 342.7; 341; 349.23/24
DOI: https://doi.org/10.61753/1857-1999/2345-1963/2025.20-2.01
SHCHUKINA Natalia - Doctor habilitat in law, Associate Professor, Comrat State University (Comrat, The Republik of Moldova).
https://orcid.org/0000-0001-5858-4924Email: nataliashchukina@gmail.com
Keywords: constitutional rights, legislation, persons with disabilities, suitable work in accordance with labor recommendations, international labor standards, legal guarantees.
Abstract
National labor and social legislation, international norms and standards establish guarantees in the field of employment and labor process for persons with disabilities. The main principles in the legal regulation of labor relations of persons with disabilities are the principles of equality and the principle of prohibition of discrimination on the basis of health status. Most of the norms of the current national labor legislation, as well as international legal norms, regulate the issues of the labor process, rest time and other issues related to labor. At the same time, it should be noted that persons with disabilities face the problem in the process of employment. In practice, questions arise regarding the effectiveness of the application of current legislation, the adequacy of the level of guarantees for persons with disabilities, and the application of international mechanisms for the protection of rights. The basis for legal regulation remains constitutional norms - guarantees that are specified in branch legislation. The article provides a comparative legal analysis of the national legislation of the Republic of Moldova regulating the relations in question and the norms of international law. The analysis is carried out through the prism of constitutional guarantees, taking into account the constitutional provision on the priority of the norms of the international law. A number of conclusions and proposals are formulated to improve the effectiveness of the implementation of the current legislation of the Republic of Moldova and to ensure guarantees of the rights of persons with disabilities in the labor and social spheres.