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| Back to: Third Session | Draft Article 13 Comments
on the draft text Download complete compilation of comments: MS Word - The ILO welcomes emphasis in the draft text on the importance of accessible information, since rights can only be properly exercised and protected if people are aware of their existence. National Human Rights Institutions Ontario Human Rights Commission The Commission is supportive of this draft Article and its subparagraphs. The Commission’s report, The Opportunity to Succeed: Achieving Barrier-free Education for Students with Disabilities, recommends that government only purchase from or give subsidies to publishers which agree to provide publications in alternative accessible formats simultaneous with print (also see the Commission’s comment under draft Article 19 below with respect to the “power of procurement”). The National Library of Canada has established the Council on Access to Information for Print-Disabled Canadians with a mandate to provide advice, identify funding requirements, monitor progress and make recommendations regarding accessible information. 1 Footnote 40 As paragraph (g) of the Preamble to the draft Convention recognizes the “diversity of persons with disabilities”, the Commission would suggest modification of any such reference as it implies that sign language is the natural language of all deaf people. This would be an over generalization and would not recognize the diversity that exists among deaf individuals. There are many deaf individuals, for example, who primarily use oral-aural communication methods and augmentative devices and do not necessarily know sign language or identify with Deaf culture. The Commission is of the view that the draft Article as written is appropriate as it acknowledges that deaf individuals would have a right to “choice” of their preferred mode of communication. (e); Footnote 43 The Commission’s report, The Opportunity to Succeed: Achieving Barrier-free Education for Students with Disabilities, identifies that there is a shortage of specialized professionals for students with disabilities, particularly in rural and remote areas, and recommends that government take action to encourage training and recruitment. If a definition of the modes of communication is given in article 3 (Definitions), there would be no need to restate the different modes of communication in the initial paragraph of this article. The recognition of sign language as the natural language of many deaf persons would require a specific paragraph, as there are many reported situations in which deaf adults and children have been prevented from using sign language. Paragraph a) should require that public authorities make their websites accessible to disabled people. This will not be upon request, but from the outset. Paragraph e) of this article should include the examples given in footnote 43. Paragraph f). When these private entities obtain public contracts or public funding, the provision of information in an accessible way has to be a compulsory condition. Draft Article 13 seems to draw in part, if not completely, upon the articulation of these concepts in treaties such as the International Covenant on Civil and Political Rights (Article 19) and the Convention on the Rights of the Child (Articles 13 and 17). Although Draft Article 13 addresses many of the issues relevant to enjoyment of these rights by people with disabilities, the structure of the article is such that issues of expression of, and access to, information are sometimes mixed, making the article somewhat confusing. The emphasis on accessibility in this article is particularly important, given the difficulties faced by many people with disabilities in obtaining information. However, it is unclear how provisions such as Draft Article 13(a) fit with principles of reasonable accommodation and universal design. The Ad Hoc Committee may also wish to consider how best to balance the need for specificity in examples of forms of assistance, with the need to ensure that references are relevant across cultures and remain relevant over time in light of changing technologies. The concepts elaborated in Draft Article 13 draw heavily from the UN Standard Rules on the Equalization of Opportunities for Disabled Persons, in particular Rule 5 (b). As noted in Footnote 44, the Ad Hoc Committee may also wish to consider whether it is sufficient for States to “encourage” private entities and the mass media in paragraphs (f) and (g). Given the influential role of the media, and the pervasiveness of private entities that provide goods and services to the general public, it may be necessary to adopt stronger language to ensure that States adopt measures with regard to these entities. Physical Disability Council of Australia Ltd Unfortunately, as above, there is nothing in this section about the need
for information to be provided in community languages. Access to information should form its own Article. PWD:s must make choices of their own. The right to self-determination for PWD:s is one of the most crucial rights. Mode of communication has been used, “format”, is the correct term for blind and deafblind people. Additional explanations should not be used here, (footnote 42), on specific formats in this paragraph, such as plain language or easy-to-read formats, but could be referred to as a subject under Article 3, Definitions (… augmentative communication modes) is not adequate, rather large print and magnifying systems. Comments under footnote 43 are very relevant. (…provision and training of live assistance and intermediaries, such as Braille and caption transcribes, note takers, sign language and tactile communication interpreters, and readers). From the point of view of Deaf people this is a very important article, which has an effect on the texts of other articles. Official recognition of sign language should be clearly stated within the article itself. WFD proposes that Article 13 read as follows: States parties shall take appropriate measures to ensure that persons with disabilities can exercise their right to freedom of expression and opinion, and to seek, receive and impart information on an equal footing with others, through Braille and other modes of communication of their choice. For Deaf people, a linguistic minority, freedom of expression and opinion, and equal access to information presupposes recognition of national sign language(s) as their first language; and securing the natural language development of Deaf children in sign language. For all persons with disabilities, the measures include:
Footnotes Footnote 1: Council on Access to Information for Print-Disabled Canadians – www.collectionscanada.ca/accessinfo/ |