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Article 9 - Accessibility

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Sixth Session

Consolidation of proposals submitted by the Facilitator

August 12th 2005

Draft article 19- ACCESSIBILITY ¹

1.States Parties to this Convention shall take appropriate and effective² measures to ensure accessibility to the physical³ environment, housing, all forms of transportation, information and communications, including information and communications technologies, and to other services, to persons with disabilities on basis of equality with others, by identifying and eliminating [existing and preventing future] barriers⁴ , including inter alia architectural, sensorial and cultural barriers, in order to enhance the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. [These measures shall include, inter alia:

(a) The construction and renovation of public buildings, roads and other facilities to which the members of the public have the access, including schools, housing, medical facilities, in door and out-door facilities, and workplaces;

(b) The development and remodelling of public transportation facilities, including vechicles, and of information and communications and other services, including electronic services.]⁵

2. States Parties shall take appropriate measures to, inter alia:

[(a) Provide in buildings and facilities to which the members of the public have the access the visual and tactile signaling, use of international accessibility symbols, signage in Braille and easy to read and understand forms to orient persons with disabilities;

(b) Provide qualified personnel to assist and guide persons with disabilities in buildings and facilities to which the members of the public have the access, including guides, readers and sign language interpreters, in order to facilitate accessibility to the above- mentioned buildings and facilities;]⁶

(c) Promote mobility for persons with disabilities by facilitating their access to suitable and appropriate accessibility assistive technologies;⁷

(d) Develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of buildings, facilities and services to which the members of the public have the access;⁸

(e) Promote 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;

(f)[Require] / [Encourage] private entities that provide facilities and services to which members of the public have the access, to [ensure full] / [take into account all aspects of] accessibility of the above- mentioned facilities and services for persons with disabilities;⁹

(h) Ensure that accessible information and communication technologies, including new information and communication technologies and systems, be designed, developed, produced and distributed at an early stage so that the information society becomes inclusive for persons with disabilities.

Footnotes:

1. Majority of delegations were strongly in favor of moving article on accessibility closer to the article on non- discrimination and equality. Some favored inclusion of concepts of accessibility and barrier- free society in article 2 on general principles. The Ad Hoc Committee may wish to consider these issues further.

2. Some delegations were in favour of inserting reference to progressive realization in this paragraph and in the chapeau of paragraph 2. Other members were concerned with consistency with other articles of the Convention, opposed the insertion and favoured addressing the issue in a more general manner. The Ad Hoc Committee may wish to consider alternative formulations.

3. 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. The Ad Hoc Committee may wish to consider the issue further.

4. Some delegations found this wording too detailed, felt that the issue is adequately covered in the 19(2)(e) and thus should be deleted here, while other delegations welcomed such elaboration in 19(1). The Ad Hoc Committee may wish to consider the issue further.

5. Some delegations found the 2 sub- paragraphs too detailed and suggested their deletion, while the others were in favor of retaining them.

6. Some delegations found the 2 sub- paragraphs too detailed and suggested their deletion, while the others were in favor of retaining them.

7. One delegation expressed concern that there is no reference to technologies and devices that would facilitate and ensure access to information and communication. Another delegation felt this sub- paragraph would be more appropriately placed in article 20 on personal mobility.

8. The Ad Hoc Committee may wish to consider whether the issue of providing training on accessibility for all the stakeholders in cooperation with persons with disabilities and their representative organizations shall be better addressed here in a more specific way, or in a more general provision on training of relevant stakeholders in all disability- related matters in the article on general obligations.

9. Some delegations were strongly in favor of providing for more strict obligations on private entities while the other delegations cautioned against prescribing for something that would be impossible to implement in practice. It was impossible to reach an agreement in the informal meetings and the text in brackets depicts that fact. The Ad Hoc Committee should consider this issue further.