Council of Europe assesses draft law on reasonable accommodation for people with disabilities: gaps identified
Draft law No. 14389 on providing reasonable accommodation for people with disabilities is progressive and will help fulfil Ukraine’s international obligations, Council of Europe international consultant Monika Smusz-Kulesza said. However, the document contains a number of gaps – in particular, procedures should be simplified and financial transparency ensured. She spoke at the presentation of a report on the draft law’s compliance with European standards on 8 October, ZMINA correspondent reported.
Photo credit: League of the Strong public unionIn Ukraine, the right to reasonable accommodation for people with disabilities is already established, but there is currently no clear way of applying it. Draft law No. 14389, which aims to fix this, has been registered in Ukraine’s parliament, the Verkhovna Rada.
The changes say that a person with a disability will be able to determine their own needs, while employers will receive a clear procedure and the opportunity to receive compensation for expenses from the state.
The draft law expands the rights of people with disabilities and strengthens the protection of their right to employment, Smusz-Kulesza said:
“The draft law is progressive and contributes to the fulfilment of Ukraine’s obligations both under the Convention on the Rights of Persons with Disabilities and within the Council of Europe’s system of legal standards. At the same time, it is a framework document and requires very careful implementation and further refinement.”
She said the effectiveness of the law will depend on the clarity of secondary legislation, the capacity of the authorities and the development of consistent practice in respecting rights.
Photo credit: League of the Strong public unionThe expert named the positive aspects of the draft law. In particular, the document introduces a clear right to reasonable accommodation at all stages of employment relations – with defined deadlines and the ability to use administrative and judicial remedies.
It also envisages the creation of a comprehensive financial support system, including compensation and grants.
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The conclusion also highlights the gaps in the draft law. Among the remarks are the complexity of procedures and fragmentation due to the involvement of several bodies. This can affect the timeliness and availability of reasonable accommodation. There is a risk that formal requirements and strict deadlines may affect certain groups of people with disabilities differently.
There are also remarks about funding – dependence on budget allocations, insufficient coordination between funding sources and the possibility that costs could be passed on to employers indirectly.
The recommendations include introducing mandatory training for employers and establishing good-quality record-keeping and statistics.
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Reasonable accommodation means changes that give a person with a disability the opportunity to work on an equal basis with others. It is about removing a specific barrier that prevents the realisation of the right to work. This can be the adaptation of a workplace or equipment, a flexible schedule or additional breaks. It can also be:
- changes to individual work processes without reducing pay;
- support from an assistant;
- remote or home-based work;
- information in an accessible format;
- sign language interpretation;
- adaptation of the procedure for interviews, testing or vocational training.
The draft law defines how a person should apply for reasonable accommodation, what the employer’s responsibilities are, what the decision-making procedure is and whether an unjustified refusal can be appealed. The document also provides for compensation, grants and co-financing of reasonable accommodation measures.
In June 2026, the League of the Strong public union called on the Ukrainian parliament to urgently add the draft law on reasonable accommodation to the agenda and consider it in the first reading.
On 1 January 2026, the law on ensuring the rights of persons with disabilities to work (No. 4219-IX) came into force, introducing new forms of support.
Half of people with disabilities who are able to work cannot exercise their right to work, and 68% lack money for food and clothing, according to a study previously presented by the League of the Strong public union.
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