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Background Documents | Article 9 Background
Seventh Session | Sixth
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Session
Working Group | References
Sixth Session
Governments
National Human Rights Institutions
Non-governmental organizations
International Disability Caucus
Joint Council for the Physically and Mentally Disabled - Hong Kong
Comments, proposals and amendments submitted electronically
Governments
ARTICLE 19: ACCESSIBILITY
1. States parties to this Convention shall take (appropriate- delete) measures progressively to identify and eliminate obstacles and barriers, and to ensure accessibility for persons with disabilities to the built environment, to transportation, to information and communications, including information and communications technologies, and to other services, in order to ensure the capacity of persons fully in all aspects of life. The focus of these measures shall include inter alia;
(a) The construction and renovation of (public-delete) buildings intended for use by the public, roads and other facilities for public use, including but not limited to schools, housing, medical facilities, indoor and out-door facilities and (publicly owned-delete) workplaces;
(b) Promoting(universal design-delete) for mobility aids, devices and assistive technologies and encouraging private entities which produce these to take into account all aspects of mobility for persons with disabilities;
(c) The development and remodeling of public transportation facilities, communications and (other-delete) services, including electronic services.
2. States Parties shall also take appropriate measures progressively to:
(a) Ensure the provision of audio, signage including in Braille and easy-to-read-and-understand forms in buildings and facilities for public use;
(b) Ensure the provision of personal and assistive services and intermediaries, including guides, readers and sign language interpreters to facilitate accessibility to buildings and facilities for public use;
(c) Develop, promulgate and monitor the implementation of minimum national standards and guidelines for the accessibility to public facilities and services intended for use by the public;
(d) Ensure that all private entities in general which do not render public services or cater to the public, to take into account all aspects of accessibility for persons with disabilities;
(e) Promote and where appropriate, undertake and disseminate research development and production, including localization of new assistive technologies, giving priority to low cost technologies;
(f) Promote universal design and international cooperation in the development
of standards, guidelines and assistive technologies.
(g) Ensure that organizations and families of persons with disabilities
are consulted and fully involved from inception in
the formulation of legislation, regulations, standards and guidelines in
relation to accessibility;
(h) Provide training for all stakeholders including professionals involved in designing structures on accessibility issues for persons with disabilities.
CANADA
August 5, 2005
Article 19
The realization of the purpose of this convention requires the removal of existing barriers and the prevention of future barriers impeding the full, equal and effective participation in all aspects of human activity by persons with disabilities.
The term accessibility goes beyond describing specific measures and in the context of this convention emerges as an overriding and organizing principle. Therefore, Canada proposes that accessibility should be included as a fundamental principle in article 2, and should be considered for inclusion in the context of article 4 (concerning state obligations), and article 7 as it is inextricably linked with the principles of equality and non-discrimination.
In addition to being a fundamental principle of the convention as a whole, accessibility can be exemplified by way of specific measures, such as those set out, for example, in articles 13, 19, 20 and 24.
As we have stated before, Article 13 (Freedom of Expression and Opinion, and Access to Information), Article 19 (Accessibility) and Article 20 (Personal Mobility) overlap to some extent.
Canada therefore proposes that articles 19 and 20 be consolidated with a view to reducing unnecessary overlap and repetition and striking a balance between articulating the general principle of accessibility and enumerating specific measures addressing currently identifiable barriers.
To this end, Canada proposes the following amendments:
1. We propose to insert the words "and effective" between the words "appropriate" and "measures" in the chapeau of paragraphs 1 and 2 of article 19. We note that the chapeau of article 20 contains the term "effective".
2. We also propose the addition of the words "and information" at the end of sub-para 19 2 (b). This addition is intended to give effect to the Committee's decision (taken during the fifth session) to consider sub-paragraph 13.2 (e) under article 19.
As a result, 19.2 (b) would now read as follows: (b) "provide other forms of live assistance and intermediaries, including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities, and to information.”
3. Further, Canada proposes the deletion of sub-para 19.2 (e) (concerning technology research). This proposal results from the decision taken by the Committee during the fourth session and confirmed during the fifth session to merge sub-paragraph (d) of article 13 with other similar paragraphs elsewhere in the text and move them to draft Article 4 on general obligations. In Canada’s view, the issue of affordably priced technologies can then be considered under article 4.
4. Sub-para 19.2 (f) concerning universally designed goods, services and equipment is already covered and better worded under sub-para 1 (f) of article 4, although we believe the wording could be improved.
5. Sub-para 19.2 (g) concerning consultation of persons with disabilities can be more effectively covered under para 2 of article 4.
6. I would like to note that subpara. 19.2 (c) concerning national standards may pose challenges for federal states, and we suggest that this be taken into account in the drafting. If it would be helpful, Canada would be happy to provide relevant language.
7. Finally, I note that the issue of mobility as envisaged under article 12 of the ICCPR was introduced under article 15 in this session. We believe that in a general way it is covered under article 7 under equality and non-discrimination. I would like to signal, however, Canada's openness to considering this issue under another article.
Article 19 Accessibility
1. Wording change for the first sentence of the current Working Group Text Chapeau as follows:
State Parties shall take positive measures to progressively eliminate obstacles and barriers to ensure accessibility …..
2. Add a new sub-para. c in current Working Group text as follows:
c: research, development and promotion of the accessibility of information and related technologies;
EUROPEAN UNION
European Union Proposal for Draft Article 19
Amendments to the Working Group Text
EU Proposal: Move this Article higher up the Convention but not before the current Article 8, Right to Life.
1. States Parties to this Convention shall take appropriate1 measures to identify and eliminate obstacles, and to ensure accessibility for persons with disabilities to the built2 environment, to transportation, to information and communications, including information and communications technologies, and to other services,3 in order to ensure the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. The focus of these measures shall include, inter alia:
EU Proposal para (1): Reword as follows:
“States Parties to this Convention shall take appropriate measures
to ensure accessibility, including by identifying and eliminating obstacles
(inter alia architectural, sensorial and cultural) and shall promote equal
access to information and means and modes of communication, to enable persons
with disabilities to live independently and to participate fully in all aspects
of life.”
(a) the construction and renovation of public4 buildings, roads and other facilities for public use, including schools, housing, medical facilities, in door and out-door facilities to which the public generally have access, and publicly owned workplaces,
(b) the development and remodelling of public transportation facilities, communications and other services, including electronic services,
EU Proposal (1)(a) and (b): Delete
2. States Parties shall also take appropriate measures to:
EU Proposal paragraph (2): Reword as follows: “These measures shall include:”
(a) provide in public buildings and facilities signage in Braille and easy to read and understand forms;
EU Proposal (2)(a): Delete
(b) provide other forms of live assistance5 and intermediaries,6 including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities;
EU Proposal (2)(b): replace with:
“ensuring access by persons with disabilities to services and facilities
provided to the public on an equal basis with others, including through the
provision of reasonable accommodation;” [renumber as (2)(a)]
EU Proposal (2)(b)bis:
Insert a new paragraph on mobility:
“promoting mobility for persons with disabilities by facilitating their
access to suitable and appropriate mobility aids, devices and assistive technologies;” [renumber
as (2)(b)]
(c) develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of public facilities and services;
EU Proposal (2)(c): Reword as follows:
“developing, promulgating and monitoring implementation of minimum
national standards and guidelines for the accessibility of facilities and
services to which members of the public have access;”
(d) encourage private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;
EU Proposal (2)(d): Replace “encourage” with “encouraging”.
(e) undertake and promote research, development and production of new assistive technologies, giving priority to affordably priced technologies;
EU Proposal (2)(e): Delete
EU Proposal: Insert new paragraph (2)(e)bis.:
“promoting the development, availability and use of universally designed
goods, services, equipment and facilities to meet the specific needs of persons
with disabilities and promoting universal design in the development of standards
and guidelines.” [renumber as (2)(e)]
(f) promote universal design and international cooperation in the development of standards, guidelines and assistive technologies;
EU Proposal (2)(f): Delete (Subsumed in new e bis.)
(g) ensure that organisations of persons with disabilities are consulted when standards and guidelines for accessibility are being developed;
EU Proposal (2)(g): Delete
(h) provide training for all stakeholders on accessibility issues facing persons with disabilities.
EU Proposal (2)(h): Delete
Complete proposed text for Article 19
1. States Parties to this Convention shall take appropriate measures to ensure accessibility, including by identifying and eliminating obstacles (inter alia architectural, sensorial and cultural) and shall promote equal access to information and means and modes of communication, to enable persons with disabilities to live independently and to participate fully in all aspects of life
2. These measures shall include:
(a) ensuring access by persons with disabilities to services and facilities provided to the public on an equal basis with others, including the provision of reasonable accommodation;
(b) promoting mobility for persons with disabilities by facilitating their access to suitable and appropriate mobility aids, devices and assistive technologies;
(c) developing, promulgating and monitoring implementation of minimum national standards and guidelines for the accessibility of facilities and services to which members of the public have access;
(d) encouraging private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;
(e) promoting the development, availability and use of universally designed goods, services, equipment and facilities to meet the specific needs of persons with disabilities and promoting universal design in the development of standards and guidelines.
Footnotes:
1. Some members of the Working Group preferred the word “progressive” in
this paragraph and in the chapeau of paragraph 2. Other members were concerned
with consistency with other articles of the Convention. The Ad Hoc Committee
may wish to consider alternative formulations.
2. The Ad Hoc Committee may wish to consider whether the term “physical” should be used instead of “built”, which is its near synonym in this context.
3. The Ad Hoc Committee may wish to consider further the issue of attempting to list comprehensively the facilities and services covered in the chapeau to this paragraph, including whether a reference to the “communications environment” is desirable.
4. The Ad Hoc Committee may wish to consider the scope of the provisions in this draft article, in particular paragraphs 1(a) and (b), and 2(a), (b), (c) and (d). The Working Group questioned whether the concept of public buildings, facilities and services should also extend to privately owned or developed buildings, facilities and services intended for public use, and what level of obligation States Parties should place on private owners or developers to ensure access to persons with disabilities. Some members of the Working Group were of the view that privately owned or developed buildings, facilities and services should be covered by the obligations in this draft Article, but other members wished to consider the implications of this further.
5. ‘Live assistance’ includes human assistance, such as guides and readers, and animal assistance, such as guide dogs. The Ad Hoc Committee may wish to consider whether there is a more self explanatory term. The term is also used in draft Article 20(a).
6. ‘Intermediaries’ means people who do not assist but who rather act as a conduit for the transmission of information to certain groups of persons with disabilities, for example, sign language interpreters for the hearing impaired. The term is also used in draft Article 20(a).
ISRAEL
Article 19 - ACCESSIBILITY
1. States Parties shall provide persons with disabilities, through legislation
and regulation, in accordance to international standards, the same range
and standard of accessibility as is provided to all other persons for
enabling full participation and enjoyment of all aspects of life.
2. States Parties to this Convention shall take appropriate measures to identify and eliminate obstacles, and to ensure accessibility for all person with disabilities to the existing and newly planned built environment and open spaces, to transportation, to information and communications, including information and communications technologies, and to other services offered to the public, in order to ensure the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. The focus of these measures shall include, inter alia:
(a) buildings, roads and other indoor and out door facilities for public use, including: work places, schools, medical facilities, cultural and leisure sites
(b) housing and residential accommodation
(c) public transportation facilities, communications and other services, including electronic services and tools.
(d) public information published as: mass media , informational materials and documents in easily understandable accessible and useable formats and languages in a timely manner supplied by public and private enterprises and without additional cost
3. States Parties shall also take appropriate measures to:
(a) Provide in public buildings and facilities signage in Braille and easy-to-read-and-understand forms;
(b) Provide other forms of live assistance and intermediaries, including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities;
(c) Develop, promulgate and monitor implementation based on international standards and guidelines for the accessibility of public facilities and services;
(d) Require private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;
(e) Undertake and promote research, development and production of new assistive technologies, giving priority to affordably priced technologies;
(f) Promote universal design and international cooperation in the development of standards, guidelines and assistive technologies;
(g) Ensure that persons with disabilities or their representatives are consulted and participating in the planning , development implementation monitoring research and evaluation of matters regarding accessibility issues including guidelines regulations and standards;
(h) ensure that persons who deliver services are appropriately trained to implement accessibility needs and standards
(i) ensure that professionals who consult, design and implement services in matters related to accessibility are certified professionals and that area
Draft Article 19
ACCESSIBILITY
1. States Parties to this Convention shall take appropriate measures, to the maximum extent of available resources, to identify and eliminate barriers, and to ensure accessibility for persons with disabilities to the physical environment, to transportation, to information and communications, including information and communications technologies, and to other services, in order to ensure the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. The focus of these measures shall include, inter alia:
(a) the construction and renovation of buildings for public use, roads and other facilities for public use, including schools, housing, medical facilities, in door and out-door facilities and workplaces;
(b) the development and remodelling of transportation facilitiesfor public use, communications and other services, including electronic services.
2. States Parties shall also take appropriate measures to:
(a) provide or require provision in buildings and facilities for public use signage in Braille and easy to read and understand forms;
(b) provide or require provision of other forms of live assistance and intermediaries, including guides, readers and sign language interpreters, to facilitate accessibility to buildings and facilities for public use;
(c) develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of buildings, facilities and services open to, or for public use, in partnership with organisations of and for persons with disabilities;
(d) require private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;
(e) undertake and promote research, development and production of new assistive technologies, giving priority to affordably priced technologies;
(f) promote universal design and international cooperation in the development of standards, guidelines and assistive technologies;
(g) ensure organisations of persons with disabilities are consulted at all stages as standards and guidelines for accessibility are being developed;
(h) provide training for all stakeholders on accessibility issues facing persons with disabilities.
NEW ZEALAND
New Zealand proposed text to replace 19.2(e), (f) and (g)
(An amendment of the EU proposal for a 19.2.e bis)
Promoting the development, availability and use of goods, services, equipment and facilities, including housing, that are designed to be used by all people to the greatest extent possible without the need for adaptation, and promoting such design in the development of standards and guidelines.
PHILIPPINES
Art 19: ACCESSIBILITY
1. States Parties ……..
(a) [reformulate]the construction, repair and renovation of public and private buildings, roads and highways, transport vehicles and terminals, and other public utilities and related structures for public use, including schools, housing, medical facilities, in-door and out-door facilities and publicly owned workplaces;
2. States Parties shall also take appropriate measures to:
(a) provide in public buildings and facilities signage in Braille and
easy to read and understand forms[, where applicable – add];
(b) provide other forms of live assistance …………,
to facilitate accessibility to public and private buildings and facilities;
(d)[encourage – delete and change to “require”] private
entities……..
(g) [reformulate] ensure the participation of persons with disabilities
when standards and guidelines for accessibility are being developed;
(h) provide training for all stakeholders on accessibility issues [facing – delete
and change to “concerning”] persons with disabilities;
THAILAND
Thailand position on article 19
As indicated from the beginning, Thailand is strongly committed to promote the concept of “accessibility” through “universal design” and “assistive technologies.” We would like to reaffirm our position again that:
1. Accessibility to the built environment, public transportation, information and communications including information and communication technologies and other services must be guaranteed for PWDs without any discrimination and on an equal basis with others.
2. Accessibility must be applied to all goods, services and facilities intended for the public use whether such goods, services and facilities are developed, maintained or provided to the public by the government or private sector.
3. In order to maintain the openness and sustainability of accessibility, we fully support the development, promotion and adoption of internationally recognized accessibility standards.
4. We are willing to support the working group text if it is slightly modified to meet the requirement as stated in 1 and 2.
5. We are also willing to consider merging article 19 and 20 as long as
all substance of both articles, according to our position, is preserved.
National Human Rights Institutions
NATIONAL HUMAN RIGHTS INSTITUTIONS
Following the NIs intervention on access, the Chair requested submission of the definition to the Secretariat. Herewith:
The term "access" is not an act or state, but a freedom to enter, to approach, to communicate with, to pass to or from, or make use of physical, environmental and societal structures, goods and services, systems and processes regardless of type and degree of disability, gender or age.
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
- Draft proposal
Accessibility
August 3, 2005
1. State parties to this Convention shall take measures to
a. provide persons with disabilities, through legislation and regulation, the same range and standard of accessibility as is provided to all other persons, to ensure their full participation in all aspects of life.
b. recognise accessibility as an all encompassing process embracing but not limited to all existing and new information, communications, broadcasting and telecommunication, electronic commerce, assistive technology, transportation, outdoor and indoor built environments, housing and residential accommodation, and all other goods, services and facilities for both public and private usage, and including
(i) access to and comprehensibility of any information in whatever format and language is required by an individual;
(ii) effective communication to ensure the dignity of the individual, and in a manner that is the choice of the individual.
(iii) full access to all transport, including road, rail, sea, water and air;
(iv) accessibility of all emergency procedures and facilities.
c. ensure that organizations of persons with disabilities are consulted and participate in the research, development, implementation, monitoring and evaluation of accessibility guidelines, regulations and standards;
d. ensure that persons who design and deliver services are appropriately trained to implement accessibility needs and standards.
2. State parties to this Convention shall through legislation
a. formulate, adopt, implement and monitor national accessibility plans,
regulations,
standards and time frames for compulsory compliance and equal access for
everyone to new, renovated and existing environments, all types of information,
transport, goods, facilities and services, consistent with ISO international
standards
b. require governments, public entities, publishers and mass media, to
produce and provide all types of public materials, information and documents
in understandable, accessible and usable formats and languages, in a
timely manner, for both public and private usage, and without additional
cost to persons with disabilities
c. assist persons with a reading-related disability by
i) ensuring that the conversion of published information, on a not-for-profit basis, into accessible formats such as Braille, large print, easy to read, and audio format, does not constitute infringement of copyright
ii) allowing the free flow between jurisdictions of accessible material, whatever its format, created under such provisions in another state, including intellectual property and copyright
iii) establishing legitimate means to enable persons with a reading related disability to gain access to material that technological protection measures might otherwise exclude
3. State parties to this Convention shall take measures to
a. provide, maintain and publicise the range of services and appropriate assistive technology used by and available to meet the access requirements of persons with disabilities – including sign language interpreters and speech-to-text interpreters, Braille and tactile signage, alternative augmentative communication assistants, personal support services, live assistance, intermediaries, guides, readers, and effective methods of making oral communication available to people hard of hearing;
b. consult people with disabilities and organizations of persons with disabilities to implement appropriate access awareness training and education;
c. liaise with national and international organisations, including ISO, to continually improve and harmonise accessibility standards;
d. promote the research, development and production of new accessibility designs, products and technology for the virtual, indoor and outdoor built environments, including web accessibility, assistive information and communication technologies, and transportation.
- Information Sheet
Article 19bis Accessibility
Prepared by the International Disability Caucus
1. The right to accessibility
‘In all societies of the world there are still obstacles preventing persons with disabilities from exercising their rights and freedoms and making it difficult for them to participate fully in the activities of their societies. It is the responsibility of States to take appropriate action to remove such obstacles’
States must recognise the overall importance of accessibility in the process
of the equalization of opportunities in all spheres of society.
States should undertake measures to provide access to information and the
built environment, and mandate that the design, manufacture and construction
of products and environments be usable by all people, to the greatest extent
possible, to lessen any need for adaptation or specialized design.
Article 19 provides the basis for a globally acceptable and understandable
concept of accessibility, for States to implement programs of action
to make physical, social and virtual environments accessible.
2 The process of access
Access is an all encompassing process including and appropriately linking
existing and new information, communications, transportation, outdoor and
indoor built environments, housing, and all other goods, services and facilities
open to or usable by the public. Access includes the concept of accessibility
of services and the social environment.
This process is similar to a chain of events where a person’s right
to participate in society is immediately broken by an inaccessible obstacle
or barrier.
Accessible information encompasses and relates to a wide range of cultural meanings and applications – including intellectual property and copyright, literary, dramatic and artistic endeavours, all forms of education and employment, participation in public life at all levels, understandable and easy to read information, creative art and factual information; television and radio broadcasts.
An outdoor accessible built environment connects all existing and new forms of transportation, including sea, water, air, rail, bus, taxi systems and stations, pedestrian precincts, streets and pavements, sports grounds, leisure walks, beaches, marinas and all other outdoor areas and spaces.
Accessible indoor built environments include all existing and new places of education and employment, all forms of accommodation and housing based on Lifetime Homes Standards , places of recreation, public libraries and museums, hospitals, schools, shops and shopping precincts, medical, health and legal environments.
Terms such as 'design for all', 'barrier free design', 'universal design', ‘accessible design’ and 'inclusive design' generally relate to the design of products and environments being usable by all people. These specific design terms are evolving through adoption in various countries, and are an important part of the process of access.
Accordingly a generic language has been adopted for Article 19, without limiting the use of any specific terminology, format or language by the various member States.
In this regard, it is estimated that at least 70 member states do not have any access related legislation, and less that 10 of the 191 UN member states have English as a first language.
3. Implementing accessibility
Implementation of effective accessibility requires a rights based approach to legislation, and international cooperation, such that discrimination on the grounds of disability is illegal.
States must enact and implement laws, standards and regulations to require access to and within all existing, renovated and new environments, together with all types of information, transport, goods, facilities and services open to the public.
These standards and regulations should be consistent with ISO international
standards.
ISO standards transcend national governments and include all business operations.
ISO accreditation for government and business activities is an important goal and ISO standards are continually reviewed and enhanced. An ongoing partnership between IDA and ISO is important in the development of International Standards, including Access, Technology, Products and Quality of Services.
Rights based accessibility requires effective implementation of realistic and achievable timeframes. These timeframes should present a vision that the goal of accessibility is achievable. Without time frames access becomes a process with an undefined future.
These timeframes include review and / or enactment of rights based legislation, and progressive implementation to achieve genuinely accessible, equitable and sustainable environments. For guidance, relevant laws and regulations should be enacted within 3 years of the Convention being adopted, and presently inaccessible environments should become accessible within 25 years.
Member States should adopt specific timeframes for implementing accessibility
requirements. These timeframes should become essential markers, demonstrating
the critical importance of accessibility.
References
This Information Sheet and Article 19 – Accessibility result from AdHoc IDC comments, revised draft documents and other comments received 1 April 2005 to date, together with the following reference documents
1 The UN Standard Rules – 1993 Rule 5 Accessibility
2 The Principles of Universal Design – 1997
3 ISO Guide 71 – 2001 Guidelines for standards to address the needs
of older persons and persons with disabilities
4 UN Enable Website – 2004
Accessibility to Information and Communication,
Environmental Accessibility & Article 19
5 USAID Policy on Standards for Accessibility for the Disabled in
USAID Financed Construction – 2005
6 WIPO – World Intellectual Property Organisation – draft
law
regarding the importance of copyright exceptions for blind and partially
sighted people
Commentary
The UN Standard Rules recommend that – States should recognise the overall importance of accessibility in the process of the equalization of opportunities in all spheres of society… and … For persons with disabilities of any kind, States should (a) introduce programs of action to make the physical environment accessible; and (b) undertake measures to provide access to information and communication. (1)
The Principles of Universal Design are based on a definition that – The design of products and environments be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. (2)
ISO Guide 71– is part of the overall ISO framework that standards bodies can use in efforts to support the need for more accessible products and services. The Guide identifies general accessibility and usability issues and recognises that additional sector related guides need to be developed for specific product or service sectors.
The Guide includes definitions for accessible design and assistive technology, and notes other terminology including barrier-free design, inclusive design, universal design and transgenerational design. The Guide provides a commentary or Alternative Formats, including alternatives to visual and auditory information, and voice input.
ISO has also established TC 59 / SC16 on the Accessibility and Usability of the Built Environment, and discussions include consideration of the concept of accessibility levels, from minimal to adequate, in developing countries. Further information can be obtained from ISO or the RI ICTA Commission at www.ictaglobal.org. (3)
UN Enable Website notes that – Rule 5 of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96 of 20 December 1993, annex) considers ‘accessibility’ with
reference both to the physical environment and to information and communications
services.
The progress reports of the Secretary-General on implementation of the World Programme of Action submitted to the fifty-fourth (A/54/388/Add.1) and fifty-sixth (A/56/169 and Corr.1) sessions of the General Assembly directed special attention to the role of technological advances and the promotion of accessible environments for all.
The reports noted the policy guidance provided by Rule 5 of the Standard Rules on accessibility in both the physical environment and the information and communication technologies environments. (4)
USAID Policy on Accessibility Standards states that – in order to stimulate sustainable, developmentally sound attention to the needs of people with disabilities in host countries, the first preference is to use host country or regional standards for universal access in construction if they exist.
These standards must result in at least substantially equivalent accessibility and usability as the standard provided in the ADA and Architectural Barriers Act (ABA) Accessibility Guidelines. In the absence of a host country or regional standard that meets the ADA / ABA threshold, the standard prescribed in the ADA and ABA Accessibility Guidelines must be used. (5)
WIPO has recognised the importance of copyright exceptions for blind and
partially sighted people in the following two paragraphs from the draft
law offered to countries seeking WIPO advice
1. Notwithstanding the provisions of Section 6(1)(a) and (d), it shall
be permitted without the authorization of the author or other owner of
copyright to reproduce a published work for visually impaired persons in
an alternative manner or form which enables their perception of the work,
and to distribute the copies exclusively to those persons, provided that
the work is not reasonably available in an identical or largely equivalent
form enabling its perception by the visually impaired; and the reproduction
and distribution are made on a non-profit basis
2. The distribution is also permitted in case the copies have been made
abroad and the conditions mentioned above have been fulfilled. (6)
Article 19: Accessibility
Information Sheet 2
The central concept found within the suggested IDC text is that of mainstreaming, that is, using accessibility to provide persons with a disability the full opportunity to participate in society on equal footing with others. States must take appropriate action to remove obstacles that prevent full participation. People with a disability have needs that are different dependant on their type of disability. Therefore, accessibility measures must address varied issues such as mobility, language and communication, and technology.
When planning for the future, accessibility does not have to imply extra cost. If considerations for accessibility are applied from the beginning, they can be cost neutral or even effective. Accessible society benefits many groups within a community in addition to people with disabilities.
The following points address key issues within the working group text and promote the language and concepts suggested in the IDC text:
1. In view of the importance of accessibility as a right of persons with a disability, the IDC suggests that the text address both public and privately-owned services and built environments. Problematically, reference to only “public facilities and services,” as is found in the working group text, will strongly limit the impact of this convention.
2. Accessibility regulations should apply not only to new buildings but also to existing buildings whether or not they are being renovated. Working group text 1(a) only speaks of construction and renovation, leaving out the importance of making existing structures accessible.
3. The IDC emphasizes the right of people with disabilities to live and participate in the community. Accessible housing is a prerequisite condition allowing choice of where to live and whom to visit. The IDC suggested text 1b emphasizes this concept.
4. It is important to realize that accessibility is equally important for all types of disabilities, including intellectual disability, psychosocial disability, and chronic illness. IDC text b(i) references “access to and comprehensibility of any information.” This addresses the specific needs of persons with an intellectual disability.
5. The IDC would like to emphasize the importance of training professionals who are competent in the implementation of this article. Please see 1(d).
6. Technologies of accessibility are changing and we must use language for international standards that will be applicable into the future. In working group text 2f, use of the phrases like “universal design” may limit the impact of the convention into the future; the IDC recommends general language regarding international standards as is seen in IDC suggested text 2a and 3c.
Statement on Article 19 on Accessibility
August 5, 2005
On behalf of Japan Disability Forum, a member of IDC, I would like to make a brief statement on the draft article 19, which is a very important part of this Convention. Japan Disability Forum expresses its support to the IDC draft text and endorses the statements of our colleagues.
I have two points. First, JDF is of the view that privately owned or developed buildings, facilities and services for the public use should be covered by the obligations in this Article. This is an issue mentioned in footnote 69 of the Working Group Draft. The lack of accessibility in the private sector is serious and this convention must address it, as a matter of urgency. That is why JDF does not support the addition of the word, “progressive”, in this Article.
The second point I would like to make is the information needs of people who are hard of hearing. The barriers faced by hard of hearing people, people who do not hear well but do not know sign languages, have been under-represented, to say the least, in the discussions and negotiations of this Convention. Hard of hearing people with different degrees of hearing loss are estimated to account for approximately 5 % of the total population. Thus, JDF welcomes the IDC draft on this article, which refers to “effective methods of making oral communication available” to hard of hearing people, as well as speech-to-text interpreters. JDF supports the inclusion of these expressions in the second paragraph of this article, if the view of the floor is to follow the Working Group Draft.
JOINT COUNCIL FOR THE PHYSICALLY AND MENTALLY DISABLED - HONG KONG
Article 19 Accessibility
Accessibility to built environment, transportation and information technology
is very crucial for persons with disabilities to fully participate in the
society. Apart from public buildings and facilities, it is proposed that
public transport infrastructure and transportation modes, as well as the
public portion of private buildings and facilities should also be covered
by the obligations in the Convention.