Effectivity and Efficiency of Employment Quota for Persons with Disabilities: A Comparative Study of the French and Taiwanese Cases Based on the CRPD Objective

Convention on the Rights of Persons with Disabilities pursues a comprehensive protection of persons with disabilities for their effective integration in the economic sphere. In France as in Taiwan, a system of employment quota with pecuniary sanction has been established. Yet the lack of economic incentive may drive private employers to offer positions with least perspective or prepare a fund for sanction. Along with the obligations under CRPD, the right to equality guaranteed by the French and Taiwanese constitutions can come to question whether the quota system is effective or efficient in achieving the socio-economic inclusion on an equal basis. This paper examines French and Taiwanese constitutional court jurisprudence on quota systems under relevant CRPD principles, and argues that equal protection should not merely be evaluated by employment rate. Without incentive for different sectors, the jobs thus created may not ensure an effective inclusion of persons with disabilities.