ROUND TABLE 1
Accesibility and Reasonable
Accommodation
Ana Peláez Narváez
UN Committee on the Rights of Persons with Disabilities
-States Parties obligations are based on a new
concept of disability based on a social model.
-This new pespective implies:
Respect for diversity: equality and nondiscrimination
The unfavorable effects of disability may be
compensated respecting or re-establishing the
access and full use of rights
The Convention establishes general guiding
principles such as ACCESSIBILITY:
Article 9. Accessibility
“1. To enable persons with disabilities to live independently and
participate fully in all aspects of life, States Parties shall take
appropriate measures to ensure to persons with disabilities
access, on an equal basis with others, to the physical
environment, to transportation, to information and
communications, including information and communications
technologies and systems, and to other facilities and services
open or provided to the public, both in urban and in rural areas.
These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility.”
When these “appropiate measures” are denied,
discrimination takes place
RECOMMENDATIONS TO STATES
PARTIES FOR THE IMPLEMENTATION OF
THE ACCESSIBILITY PRINCIPLE
Having into account that States Parties should take
appropriate measures to enable persons with disabilities to
live independently and participate fully in all aspects of life.
We recommend:
To take legislative and other measures to ensure to persons
with disabilities access, on an equal basis with others, to the
physical environment, to transportation, to information and
communications, including information and communications
technologies and systems, and to other facilities and services
open or provided to the public, both in urban and in rural
areas according to paragraphs b) to h) of the Convention;
To audit the identification and elimination of obstacles and
barriers to accessibility;
To develop national accessibility plans established with
concrete targets and deadlines;
To establish standards and guidelines for accessibility;
To develop auditing on level of compliance and sanctions for
noncompliance;
To apply resources obtained by means of money sanctions to
encourage accessibility actions;
To develop the use of public procurement and provision and
other measures that establish compulsory accessibility
requirements;
ACCESSIBILITY AS A CROSSCUTTING
ISSUE IN THE CRPD
Article 19 Living independently and being included in
the community
To make community services and facilities for the general
population accessible.
Article 20 - Personal mobility
Measures to facilitate the personal mobility of persons with
disabilities, in the manner and the time of their choice, as
well as their access to forms of assistance (human or
animal), assistive technologies, aids and devices at an
affordable cost;
Measures to ensure that the technologies are high quality;
Measures to encourage entities that produce mobility aids,
devices and assistive technologies to take into account all
aspects of mobility for persons with disabilities.
Article 21 Freedom of expression and opinion, and access to
information
Legislative and other measures to ensure that information
provided to the general public is accessible to persons with
disabilities in a timely manner an without additional cost;
Legislative and other measures to ensure that persons with
disabilities can use their preferred means of communication and
access to information such as sign languages, Braille,
augmentative and alternative communication, and all other
accessible means, in all forms of official interaction;
Measures to urge private entities and mass media to provide their
information and services in an accessible form for persons with
disabilities;
To audit the degree of accessibility of mass media and percentage
of accessibility standard incorporated;
To develop legislative and other measures linked to the official
recognition of sign language(s).
Article 24 Education
Legislative and other measures that ensure that schools and
materials are accessible and that individualized reasonable
accommodation and support required by persons with disabilities
is provided to ensure effective education and full inclusion;
Availability of specific skills training services for children, adults or
teachers who so require in Braille, sign languages, augmentative
and alternative communication, mobility and other areas;
measures taken for the promotion of the linguistic identity of deaf
persons;
Measures taken to ensure education is delivered in the most
appropriate languages, modes, means of communication, and
environments for the individual;
Reasonable accommodation provision and other measures to
ensure access to lifelong learning education.
Article 25 Health
Legislative and other measures to ensure that health services and
technology are accessible for persons with disabilities (hospitals,
technical means, communication, comprehensible messages…)
Article 26 Habilitation and Rehabilitation
Measures for the promotion of the availability, knowledge and use
of assistive devices and technologies, designed for persons with
disabilities, as they relate to habilitation and rehabilitation.
Article 27 – Work and employment
Availability of technical and financial assistance for the provision of
reasonable accommodations;
Article 28 - Adequate standard of living and social protection
The availability of programmes that cover disability related extra
financial costs.
Article 29 - Participation in political and public life
Measures to ensure the right to vote of persons with disabilities on
their own or to be accompanied by a person of their choice;
Measures to ensure the full accessibility of the voting procedures,
facilities and materials;
Article 30 - Participation in cultural life, recreation, leisure and
sport
Measures to ensure that cultural, leisure, tourism and sporting
facilities are accessible to persons with disabilities, having into
account children with disabilities;
Measures to ensure that intellectual property laws do not become a
barrier for persons with disabilities in the access to cultural
materials;
Measures to ensure that children with disabilities have equal access
with other children to participation in play, recreation, leisure and
sporting facilities, including those made within the school system.
Reasonable accommodation should be
implemented without reducing the level of
commitment the Convention sets up for States
Parties regarding the Accesibility principle.
All these measures should be taken with the
constructive participation of persons with
disabilities and their representative
organisations during all
the implementation processs.
International Co-operation could be a
fundamental tool to enhance the
implementation of the accessibility principle in
countries where there is a lack of resources.
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