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UN Programme on Disability   Working for full participation and equality


Article 9 - Accessibility

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Third Session


Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee

(updated after the completion of the first reading at the Fourth Session, 26 August 2004)


Article 19

1. [[States Parties to this Convention shall [take [appropriate — Japan, African Group] (progressive — Japan, Australia, India, African Group) measures (gradually — Mexico) (to the maximum extent of their available resources — China) [to identify and eliminate obstacles — Mexico (and barriers — African Group), and (in accordance with available resources — Viet Nam) to ensure (the best — Viet Nam) accessibility [for persons with (all kinds of — Israel, Lebanon) disabilities to — Mexico] (in — Mexico) the [built — Costa Rica (physical — Costa Rica, Japan, India, Serbia and Montenegro) environment, (furniture and equipment — Mexico) (to amenities inside buildings and the communications environment — New Zealand) to transportation, [to information — Mexico] and communications, [including information and communications technologies [and to other services — African Group] — Mexico] — Chile], (so that any persons with disabilities can access, move around, exit, be oriented, to be evacuated in emergency conditions and communicate in a safe and autonomous way, adopting the necessary measures — Mexico) (remove barriers in all areas including the built environment, goods, services — including transportation, information and communications — facilities, information technology, electronic commerce — including banking — equipment, aids and appliances — Australia) (adopt the appropriate measures to identify and eliminate obstacles and to ensure that persons with disabilities have access to built spaces, to transport in its diverse forms (land, air and maritime), to the culture, to information and communication, taking into account the right of persons with disabilities to accessible information and communication technologies and other services — Chile) in order to ensure the (enjoyment of the rights and fundamental freedoms of persons with disabilities, their — Costa Rica) capacity [of persons with disabilities — Costa Rica] to live independently and to participate fully in all aspects of life. [The focus of these measures shall include, inter alia — EU, Australia] — Canada] (States Parties to this Convention shall take appropriate measures to identify and eliminate obstacles to accessibility, including inter alia architectural, sensorial and cultural barriers, and promote equal access to information and means of communication — EU) (States Parties to this Convention shall take all appropriate measures to identify and eliminate existing barriers, to prevent the creation of new barriers, and to ensure accessibility for persons with disabilities in order to enhance their capacity to live independently and to participate fully in all aspects of life — Canada):

[[(a) (Promotion of — Japan) The construction and renovation of [public buildings — Japan, African Group] (buildings for public use — Japan, African Group) (and private buildings for public use — Guatemala), roads (infrastructure — New Zealand) and other (private or public — Costa Rica) facilities for public use, including (but not limited to — Philippines) schools, housing, medical facilities, indoor and outdoor facilities and [publicly (and privately — Chile) owned — African Group] workplaces (and private entities that provide public facilities or services addressed to public — Lebanon); (all buildings that house key services for persons with disabilities must be made fully accessible — Kuwait) (including privately owned or developed buildings, facilities and services for public use — Argentina) Mexico; — India, EU]

(the inclusion of principles of universal design in the construction and renovation of all indoor and outdoor physical environment — India)
(identify and eliminate, systematically, existing architectural obstacles, to transportation and communications, with the aim to facilitate their access and use by persons with disabilities;

the construction and renewal of public buildings, roads and other indoor and outdoor public facilities, such as schools, housing, medical establishments and public property work spaces; — Mexico)

(b) [The development [and remodelling — Viet Nam] of public transportation facilities, communications and other services, including electronic services. — EU] — Israel — Australia] — African Group] (Promoting universal design 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 — African Group)

((c) Formulate and implement plans to progressively reduce and eliminate barriers to accessibility for persons with disabilities with respect to existing public buildings — Kuwait, Lebanon) (and private entities that provide public facilities or services addressed to public — Lebanon)

((c) The developing and remodelling of public transportation facilities, communications and services, including electronic services. — African Group)

2. [States Parties shall also take [appropriate — Israel, Japan] (all possible — Israel) (progressive — Japan, Australia) measures to — EU] (inter alia — Australia) (These measures shall include — EU):

[(a) [Provide — African Group] (Ensure — African Group) [[in — Mexico] public [buildings and facilities — African Group] (for public use, audio, — African Group) signage in Braille and easy-to-read-and-understand forms — Mexico, Costa Rica] (in easy-to read and understand forms, including Braille — Costa Rica) (service spaces with visual and tactile signalling, as well as the use of international accessibility symbols, to orient persons with disabilities; — EU, Israel]

(ensure, including by way of legislation and state-funded financial incentives, that places, buildings, facilities and services open to, and used by the public are accessible to people with all kinds of disabilities, including by way of provision of auxiliary aids and services — Israel)

(devise policies and necessary technologies in order to make public transportation accessible to persons with disabilities, and develop special transportation services for persons with disabilities as a complementary measure to public transportation — Republic of Korea)

[(b) [[Provide — African Group] (Ensure the provision of — African Group) [other forms of [[live — Chile, African Group] (personal — Chile, African Group) [assistance — African Group] (and assistive services — African Group) (, facilitators — Chile) and intermediaries — Japan], (assistance — Japan) (support services and technical and technological aids — Costa Rica) including guides, readers and sign language interpreters, to facilitate accessibility to [public — African Group] buildings and facilities — Mexico] (for public use — African Group) (qualified personnel to assist and guide persons with disabilities in public service spaces — Mexico); — Kuwait, Israel] — EU]

(provide [other forms of — Lebanon] live assistance including guides, readers (and sign language interpreters — Lebanon) and captioning to facilitate accessibility to public buildings, facilities and information;

provide sign language interpreters as intermediaries to interpret information from spoken language into sign language and from sign language into spoken language for access to public services, education and to facilitate participation — Kuwait)

(promote and encourage, including by way of state-funded financial incentives, the accessibility to people with all kinds of disabilities of residential places and buildings — Israel)

(assist persons with disabilities, if required, with interpreters of sign language and/or guides or companions; — Mexico)

(c) [Develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of [public — Israel, African Group] (places, buildings — Israel) facilities and services (intended for use by the public — African Group) — EU] (open to, or used by the public — Israel) (as also for private facilities intended for full or partial public usage — India) (This decree includes buildings and private installations which render public services or which cater to the public — Chile); (developing, promulgating and monitoring implementation of minimum national standards and guidelines for the accessibility of public facilities and services in consultation with organizations of persons with disabilities — EU)

((c bis) Facilitating access by persons with disabilities to mobility aids, devices, assistive technologies and forms of live assistance and intermediaries including by making them available at affordable cost; — African Group)

(d) [[Encourage — Kuwait, African Group] (Require — Kuwait, Thailand) (Ensure — African Group) (all — Lebanon) private entities [that provide public facilities and services — Lebanon, Chile] (in general, which do not render public services or cater to the public, — Chile) to take into account all aspects of accessibility for persons with disabilities; (undertaking and promoting research, development and production of new mobility aids, devices and assistive technologies; — African Group — India]

[(e) [Undertake and promote — Japan] (Promote, and where appropriate, undertake — Japan) (and disseminate — Mexico) research, development and production (, including localization — Thailand) of new assistive technologies (and universal design — EU) (where appropriate — Costa Rica), giving priority to [affordably priced — Mexico] (low cost — Mexico) technologies; — New Zealand]

((e bis) promoting the development, availability and use of universally designed goods, services, equipment and facilities, which are accessible and understandable to, as well as usable by, everyone, to the greatest extent in the most independent and natural manner possible, without the need for adaptation or specialized design solutions — EU)

[(f) Promote (the conception, principles and implementation of — Chile) [universal design — Kuwait] (personal accessibility to all persons with disabilities) and international cooperation in the development of standards, guidelines and assistive technologies; (following, if appropriate with internationally recognized accessibility standards and guidelines — Thailand)

[(g) [Ensure — African Group] (Ensure — African Group) that organizations of persons with disabilities (and families of disabled children — Jordan) are consulted (and fully involved from the conception — African Group) (at all stages in the process of formulating legislation, regulations, standards and guidelines in relation to accessibility — Israel) [when — Israel] (at all stages in the process of formulating legislation, regulations, — Israel) standards and guidelines [for — Israel] (in relation to — Israel) accessibility [are being developed — Israel]; — New Zealand]

(h) Provide training for all stakeholders (including professionals involved in designing structures — African Group) on accessibility issues [facing — African Group] (for — African Group) persons with disabilities. — EU]

(promote among persons with disabilities the benefits they can obtain from the use of new information technologies and telecommunications — Mexico)

((i) Incorporate the theme of accessibility in the study programmes of those being educated at all levels — Chile)

(3. (a) States Parties shall introduce legislation requiring that:

(i) All places, buildings, facilities and services open to and used by the public shall be made accessible, subject to no disproportionate burden being imposed and subject also to the possibility of providing for progressive realization of accessibility in accordance with this subparagraph;

(ii) Such accommodations are made in residential places and buildings as are reasonable in the circumstances

(b) Legislation introduced under this paragraph shall include appropriate and effective remedies and penalties as well as efficient enforcement and implementation mechanisms

4. States Parties shall, in the implementation of this article, place special emphasis on taking all possible steps to ensure the accessibility of the legal system, including civil and criminal proceedings, the courts of law, tribunals, interrogation and testification procedures

5. The term “auxiliary aids and services” shall include:

(a) Interpreters or other methods of making orally delivered materials available to individuals with hearing impairments;

(b) Readers, taped texts or other methods of making visually delivered materials available to individuals with visual impairments;

(c) Guidance, advice and information in a manner intelligible to persons with mental, psychiatric and cognitive disabilities — Israel)



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