Question 19751 — people with disabilities

Summary

Mr. Guy Bricout alerts the Minister of Solidarity and Health to the hiring of disabled workers in a framework adapted to their uniqueness. Indeed, prior to Law No. 2018-771, adopted on September 5, 2018, companies in the competitive sector and communities could fulfill their obligation to employ disabled workers by entering into subcontracting and service provision contracts with companies in the protected work sector ESAT and EA. Since the adoption of this law, this type of contract, which allowed the hiring of disabled workers in a framework adapted to their uniqueness, will only be partially authorized. Families are very worried about the terms of application of this law and fear negative consequences on the employment of people with mental disabilities with intellectual disabilities. There A disabled person with an intellectual disability has potential and room for progress whose development must be facilitated as best as possible, but they are also characterized by real difficulties and clinical invariants which make them receptive to external influences without the capacity for objective analysis. She reacts more emotionally than rationally and risks putting herself in danger. It often presents a slowness reasoning, a deficit of abstraction and above all a lack of mastery of social codes. Anxious when faced with a difficulty, she may react with disruptive behavior qualified as behavioral disorders. The classic business in the commercial sector evolves and develops in a competitive and competitive environment where agility is one of the conditions for its survival and development. This environment is hardly compatible with the much slower adaptation abilities of a person with a mental disability. Another reality: while the unemployment rate remains high in our country, employers are struggling to recruit due to lack of training and skills of job seekers without disabilities. Are these companies ready to hire workers with intellectual disabilities? Only people with mild disabilities and no disorders of the behavior can hope to integrate this competitive world. However, if the experience in an ordinary environment ended in failure, or if the company underwent restructuring with personnel restrictions, the worker must be offered the possibility of re-entering the protected work sector. If the new provisions of law 2018-771 on ORTH were to call into question the future of ESATs and EAs, this reintegration would be compromised and the intellectually disabled worker would be the victim of a career break with irreversible consequences: long-term unemployment, loss of skills, isolation. On the other hand, in areas where the unemployment rate is high and the economic fabric poor, one of the rare possibilities for people with intellectual disabilities to access social recognition through work is the ESAT or EA. These structures having also intended to be bridge devices to the ordinary environment, if this is the worker's choice. Families and workers with disabilities do not want structures that have proven themselves to be compromised. They are open to any experience of social inclusion but respecting a principle stated by an association of people with intellectual disabilities: “what you do without us you do it against us.” Through this principle, people with intellectual disabilities claim their right to self-determination. Families can only wish for social inclusion through work and access to businesses in the commercial sector, such as access to inclusive housing or even health. They no longer accept being made to feel guilty and accused of overprotection because they are legitimately concerned about the future of their child, especially when they will no longer be present to compensate for the shortcomings of a normative society which shows great difficulty in being truly inclusive and accepting difference. It is not a law, however well-intentioned, that with the wave of a magic wand will change this state of affairs. Families just want to work to change society. They wish to work to ensure that the singularity of all person is considered as one of the components of human diversity. But they believe that the social inclusion of people with disabilities requires: personalized responses taking into account the uniqueness of each person, whatever that uniqueness may be; evolving responses adapted to the evolution of society in technological, philosophical and societal terms; and above all sustainable responses secured by national solidarity. The families are asking that these criteria be taken into account in the methods of application of this law with the risk, if this is not done, of permanently excluding a good number of disabled workers with intellectual disabilities from access to employment. He wishes to act as their spokesperson and ask for their opinions on this issue.

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