By- og Boligudvalget 2013-14
BYB Alm.del Bilag 31
Offentligt
ADVANCE UNEDITED VERSIONCommittee on the Rights of Persons with Disabilities
Draft General Comment on Article 9 of the Convention-Accessibility
ADVANCE UNEDITED VERSIONI.Introduction1.Accessibility is pre-condition for independent life and full and equal participation ofpersons with disabilities in society. Without the access to the physical environment, totransportation, to information and communications, including information andcommunications technologies and systems, and to other facilities and services open orprovided to the public, persons with disabilities would not have the equal opportunities forparticipation in their respective societies. It is not surprising that CRPD establishesaccessibility as 1 of the principles on which this instrument of international law is based(Article 3, section (f),). Historically, the movement of persons with disabilities argued thataccess to the physical environment and public transport is a pre-condition for freedom ofmovement for persons with disabilities, guaranteed in Article 13 of Universal Declarationof Human Rights and Article 12 of the ICCPR. Similarly, access to information andcommunication was seen as pre-condition for freedom of opinion and expression,guaranteed in Article 19 of Universal Declaration of Human Rights and Article 19 (2) ofthe ICCPR.2.International Covenant on Civil and Political Rights prescribes in article 25 lit. c theright of every citizen to have access, on general terms of equality, to public service inhis/her country. Provisions of this article could serve as basis to incorporate the right ofaccess in the core human rights treaties.3.International Convention on Elimination of All Forms of Racial Discriminationguarantees everyone the right of access to any place or service intended for use by thegeneral public, such as transport hotels, restaurants, cafes, theatres and parks (ICERD,Article 5, paragraph (f).). In this way a precedent for viewing the right to access as a rightper sehas been established in the international human rights legal framework. Admittedly,the barriers to free access of members of different racial, ethnic minority groups to placesand services open to the public stemmed from prejudicial attitudes accompanied by the willto use the force in preventing access to spaces that were physically accessible. On the otherhand, persons with disabilities faced the technical barriers such as staircases at the entranceof buildings and absence of lifts in multi- floor buildings, or lack of information inaccessible formats. Such barriers often stemmed from lack of information and technicalknow- how, rather than from explicit will to exclude persons with disabilities fromaccessing places or services intended for use by the general public.4.ICCPR and ICERD clearly establish the right to access as part of internationalhuman rights law. One should view accessibility as a disability/specific reaffirmation of theright to access CRPD further elaborate accessibility as one of its key underlined principles,vital pre-condition for effective and equal enjoyment of different civil, political, economic,social and cultural rights by persons with disabilities. Accessibility should be viewed in thecontext of equality and non-discrimination.5.The Committee on Economic, Social and Cultural Rights in its General CommentNumber 5 evoked the duty of the State parties to implement the United Nations’ StandardRules for Equalization of Opportunities. The Standard Rules also stress the significance ofaccessibility of physical environment, transport and information and communication forequalization of opportunities for persons with disabilities. The concept is elaborated in RuleNo. 5, where accessibility to physical environment, and information and communication aretargeted as areas for priority actions for states. The Committee on the Rights of the Childadopted a General Comment on No. 9 (2006) on the rights of children with disabilities,stressing that physical inaccessibility of public transportation and other facilities, includinggovernmental buildings, shopping areas, recreational facilities among others, is a majorfactor in the marginalization and exclusion of children with disabilities and markedlycompromises their access to services, including health and education. The importance of2
ADVANCE UNEDITED VERSIONthe accessibility was reiterated by the Committee on the Rights of the Child throughout isGeneral Comment No. 17 (2013) on the right of the child to rest, leisure, play, recreationalactivities, cultural life and the arts (art. 31).6.World Disability Report (2011) of World Health Organization and the World Bankstresses that built environment, transport and information and communication are ofteninaccessible to persons with disabilities (World Disability Report, Summary, p. 10).Persons with disabilities are prevented from enjoying some of their basic rights, like theright to seek employment or the right to health care, due to lack of accessible transport.Levels of implementation of accessibility laws in many countries remains low and personswith disabilities are often denied their freedom of expression due to inaccessibleinformation and communication. Even in countries where sign language interpretationservices for deaf persons exist, the number of qualified interpreters is usually too low tomeet the needs for interpretation as demands exceed the supply of services.7.The Committee on the Rights of Persons with Disabilities considered the issue ofaccessibility as one of the key issues in each of the ten dialogues held so far with Stateparties in examination of their initial reports before the Committee. In each of theConcluding Observations points have been made pertaining to the accessibility. One of thecommon challenges was lack of adequate monitoring mechanism to ensure theimplementation of the accessibility standards and relevant legislation in practice. In some ofthe State parties, the monitoring was in the competence of local authorities that lacked thetechnical knowledge, human and material resources for effective implementation. Lack oftraining to the relevant stakeholders and insufficient involvement of persons withdisabilities and their representative organizations in the process of ensuring access tophysical environment, transport, information and communication, services offered to thepublic was a common challenge.8.The Committee on the Rights of Persons with Disabilities also dealt with the issue ofaccessibility in its jurisprudence. In the case of Szilvia Nyusti, Péter Takács and TamásFazekas v. Hungary, the Committee decided that all services open to the public have to beaccessible in accordance with the provisions of article 9 of the CRPD. The State party wascalled upon to ensure access to ATM for blind persons. The Committeeinter aliamade therecommendations tothe State party to establish “minimum standards for the accessibility ofbanking services provided by private financial institutions for persons with visual and other types ofimpairments” (paragraph 10.2 ( a) ) and “to create a legislative framework with concrete, enforceableand time-bound benchmarks for monitoring and assessing the gradual modification and adjustment byprivate financial institutions of previously inaccessible banking services provided by them intoaccessible ones. The State party should also ensure that all newly procured ATMs and other bankingservices are fully accessible for persons with disabilities” (paragraph 10.2 ( a) ).[CRPD Committee expert proposed the deletion of paragraph 8 of Draft general comment on article 9of CRPD,since the Committee “does not have an established practice in terms of the CRPD
jurisprudence to cite or refer to only very few cases (actually, one) the Committee has dealtso far”. Committee could refer to specific cases in more details only once it has alreadycovered most aspects of accessibility-related services and products and not only one by onecase in a certain and specific service in a given State Party]9.Bearing in mind all the above mention activities pertaining to the issue ofaccessibility and the fact that accessibility indeed is a vital pre-condition for full and equalparticipation of persons with disabilities in the society, and the effective enjoyment of alltheir human rights and fundamental freedoms, the Committee finds it necessary to adopt ageneral comment on article 9 of CRPD on accessibility, in accordance with its Rules ofProcedure and the established practice of human rights treaty bodies.
ADVANCE UNEDITED VERSIONII.Normative content10.Article 9 of CRPD prescribes that in order to enable persons with disabilities to liveindependently and participate fully in all aspects of life, States Parties shall take appropriatemeasures to ensure to persons with disabilities access, on an equal basis with others, to thephysical environment, to transportation, to information and communications, includinginformation and communications technologies and systems, and to other facilities andservices open or provided to the public, both in urban and in rural areas. It is important thataccessibility is approached in all its’ complexity, encompassing the physical environment,transportation, information and communication, and services. The focus is no longer onlegal personality and public/ private nature of those who own buildings, transportinfrastructure and vehicles, information and communication services. As long as goods,products, services are open or provided to the public, they must be accessible to all,regardless whether they are owned and/ or provided by a public authority or by a privateenterprise. Persons with disabilities should be able to access equally all goods, products andservices that are open to the public in a manner that ensures effective and equal access, in away that respects the dignity of persons with disabilities. Such an approach stems from theconcept of prohibition of discrimination, and denial of access should be considered as adiscriminatory act regardless of the perpetrator- whether a public or a private entity. Theaccessibility should be provided to all persons with disabilities, regardless of the type oftheir impairment, legal status, social condition, gender, and age. Accessibility should takeinto account the gender and the age perspective for persons with disabilities.11.Article 9 of CRPD clearly envisages accessibility as the pre- condition forindependent living, full and equal participation of persons with disabilities in the societyand unrestricted enjoyment of all their human rights and fundamental freedoms on basis ofequality with the others. CRPD does not create any new rights, and indeed accessibilityshould not be viewed as a new right. Some of the core human rights instruments and humanrights treaties recognize the right to access: ICCPR article 25 ( c ) and ICERD article 5 (f).Therefore one should consider accessibility in the context of the right to access, seen fromthe specific disability perspective. This is an approach widely accepted in the comparativelaw and applied in different national laws on equalisation of opportunities, and preventionof disability- based discrimination.(Alternative text: 11. Although during the negotiations of the treaty it was said that theintention was not to create new rights, if we read the text of article 9 in accordance with thegeneral guidelines for the interpretation of treatises set forth in article 31 of the ViennaConvention on the Law of Treaties, we can arrive to the conclusion that we are fact in thepresence of a new right. If we read the text plainly, in conformity with the ordinary use oflanguage, we can see that it establishes binding obligations for states and consequentlyrights for persons with disabilities that are not yet included in the other core human rightstreatises, although there are important precedents to this effect in ICCPR article 25 ( c ) andICERD article 5 (f). )12.Strict application of the universal design to all new goods, products, facilities,technologies, services should ensure full, equal and unrestricted access for all potentialconsumers, including persons with disabilities, in a manner that fully takes into account theinherent dignity and diversity of the above- mentioned persons. It should contribute to thecreation of an unrestricted chain of movement for an individual from one space to another,including the movement inside particular objects, without any barriers in-between. Personswith disabilities, and other users, move in barrier- free streets, enter accessible low floorvehicles, can access information and communication, enter into and move insideuniversally designed buildings, using technical aids and live assistance, when that isnecessary for an individual. The application of the universal design does not automaticallyexclude the necessity for the use of technical aids. One should bear in mind that application4
ADVANCE UNEDITED VERSIONof the universal design to a building from the initial stage of design contributes to makingconstruction much less costly: Making a building accessibleab initiomay increase the totalcost of construction for up to 0, 5 percent maximum (or not at all, in many cases), while thecost of subsequent adaptations in order to make a building accessible in some cases mayrise up to 1/3 of the total cost of the construction. Accessibility of information andcommunication, including ICT, should also be achievedab initiobecause subsequentadaptations of Internet and ICT may increase costs, so it is more economic to incorporatemandatory accessibility features of ICT from the earliest stages of designing andconstruction.13.It is also significant that Article 9 explicitly imposes the duty to ensure accessibilityboth in urban and in rural areas. The practice shows situation with accessibility is usualbetter in bigger cities than in remote rural areas, though extensive urbanisation cansometimes also create barriers that prevent access for persons with disabilities, in particularto the built environment, transport and services in the heavily populated, bustling urbanareas.14.Paragraph 1 of Article 9 prescribes for the State Parties identify and eliminateobstacles and barriers to accessibility. The above- mentioned measures shall apply, interalia, to:(a)Buildings, roads, transportation and other indoor and outdoor facilities, includingschools, housing, medical facilities and workplaces;(b)Information, communications and other services, including electronic servicesand emergency services.15.Paragraph 2 of article 9 furthermore prescribes the measures which State Partieshave to take in order to develop, promulgate and monitor the minimum national standardsof accessibility of facilities and services open or provided to the public. State Parties alsohave to take measures ensure that private entities that offer facilities and services which areopen or provided to the public take into account all aspects of accessibility for persons withdisabilities (Art. 9, paragraph 2 (b).).16.As lack of awareness and technical know- how is 1 of the key sources for lack ofaccessibility, Article 9 prescribes that State Parties should provide training to allstakeholders on accessibility for persons with disabilities (paragraph 2 (c)). In order toavoid the trap of exhaustive listing, Article 9 does not attempt to offer any list of relevantstakeholders, but one should include authorities that issue building permits, broadcastingboards, chambers of engineers, designers, architects, urban planners, transport authorities,service providers, members of academic community, and persons with disabilities as someof those stakeholders. Training should be provided not just to those designing goods,services, products, but also to those who actually produce them. Eventually, it is thebuilders on the construction site who make a building accessible or not. It is important toput in place training and monitoring systems for all these groups that will ensureapplication of accessibility standards in practice.17.Movement and orientation in the buildings and places opened to the public can be achallenge for some persons with disabilities if there are no adequate signage, accessibleinformation and communication, and support services. Paragraph 2 of Article 9, sections (d)and (e), therefore prescribe for signage in Braille and in easy to read and understand formsin buildings and spaces open to the public, as well as for the provision of live assistance andintermediaries, including guides, readers and professional sign language interpreters, tofacilitate accessibility to buildings and other facilities open to the public. Without suchsignage, accessible information and communication, and support services, orientation andmovement inside and through buildings may become impossible for many persons withdisabilities, especially those who are facing cognitive fatigue.5
ADVANCE UNEDITED VERSION18.Without the access to information and communication persons with disabilitiescannot enjoy freedom of thought and expression, and many other basic rights and freedoms.Thus Paragraph 2 of Article 9 of CRPD prescribes that State Parties should promote liveassistance and intermediaries, including guides, readers and professional sign languageinterpreters (section (e)), the other appropriate forms of assistance and support to personswith disabilities to ensure their access to information (section (f)), and access for personswith disabilities to new information and communications technologies and systems,including the Internet (section (g)) through application of mandatory accessibility standards19.New technologies can be used for promotion of full and equal participation ofpersons with disabilities in the society, but only if they are designed and produced in a waythat would ensure their accessibility. New investments, new research and production shouldcontribute to elimination of inequality, and shouldn’t contribute to the creation of the newbarriers. Therefore section (h) of Paragraph 2 of Article 9 calls upon State parties topromote the design, development, production and distribution of accessible information andcommunications technologies and systems at an early stage, so that these technologies andsystems become accessible at minimum cost.20.Since accessibility is pre-condition for independent life as prescribed for in article19 of the Convention, and full and equal participation of persons with disabilities in society,denial of access to the physical environment, transportation, information andcommunication, and services opened to the general public should be viewed in the contextof discrimination. Taking “all appropriate measures, including legislation, to modify orabolish existing laws, regulations, customs and practices that constitute discriminationagainst persons with disabilities” (Article 4, Paragraph 1 (b) of CRPD) constitutes of themain general obligations of all State Parties. States Parties shall “prohibit all discriminationon the basis of disability and guarantee to persons with disabilities equal and effective legalprotection against discrimination on all grounds” (Article 5, Paragraph 2 of CRPD). Inorder to promote equality and eliminate discrimination, States Parties shall “take allappropriate steps to ensure that reasonable accommodation is provided” (Article 5,Paragraph 3 of CRPD). “Reasonable accommodation” means “necessary and appropriatemodification and adjustments not imposing a disproportionate or undue burden, whereneeded in a particular case, to ensure to persons with disabilities the enjoyment or exerciseon an equal basis with others of all human rights and fundamental freedoms” (Article 2 ofCRPD).21.One should make clear distinction between the obligation to ensure the access to allnewly designed, built, produced objects, infrastructure, goods, products, services and theobligation to remove the barriers and ensure access to already existing physicalenvironment, transportation, information and communication, services opened to thegeneral public on the other hand. It is one of State Party’s general obligations to “undertakeor promote research and development of universally designed goods, services, equipmentand facilities, as defined in article 2 of the present Convention, which should require theminimum possible adaptation and the least cost to meet the specific needs of a person withdisabilities, to promote their availability and use, and to promote universal design in thedevelopment of standards and guidelines” (Article 4, Paragraph 4 (f) of CRPD). All newobjects, infrastructure, facilities, goods, products, services have to be designed in a way thatmakes them fully accessible for persons with disabilities, in accordance with the principlesof the universal design. State Parties are under obligation to ensure the access to alreadyexisting physical environment, transportation, information and communication, servicesopened to the general public, but as this obligation is to be implemented gradually, stateparties should set definite, fixed time frames, and allocate adequate resources for theremoval of the existing barriers.
ADVANCE UNEDITED VERSION22.Accessibility is group related, whereas reasonable accommodation is individualrelated. This means that the duty to provide accessibility is anex anteduty. That means theState party has the duty to provide accessibility before individual request to enter or use aplace or service. State parties need to set accessibility standards which have to benegotiated with organizations of persons with disabilities, and these standards need to beprescribed to service providers, builders, and other relevant stakeholders. Accessibilitystandards need to be broad and standardized. In addition, in particular cases, when a personwith disability has a rare impairment that was not included in the elaboration of theaccessibility standards or simply do not use some of modes, methods or means offered toachieve the accessibility (for example, they don’t read Braille print), even the application ofdisability standards may not be sufficient to ensure access for that particular persons withdisability. In such cases, reasonable accommodation may apply.23.In contrast, the duty to provide reasonable accommodation is anex nuncduty, whichmeans from the moment an individual with an impairment needs it in a given situation(work place, school, etc.) in order to enjoy her or his rights on basis of equality in aparticular context. Here accessibility standards can be a help or even an indicator but maynot be taken as prescriptive. Reasonable accommodation can be used as a mean to ensureaccessibility for an individual whit disability in a particular situation. Reasonableaccommodation seeks to achieve individual justice in the sense that non-discrimination orequality is provided taking the dignity, autonomy and choices of the person into account.Thus, a person with disability, who has a rare impairment might ask for accommodationthat falls outside the scope of any accessibility standard. If it has to be provided depends onif it is reasonable and not imposing a disproportionate or undue burden.24.Inherent dignity of persons with disabilities is a crucial element to be considered,including in the context of reasonable accommodation, In adapting the existing buildingsone must balance the reasonableness of costs with the respect for the inherent dignity ofpersons with disabilities. For example, a private entrepreneur owning a restaurant located inan old building should make effort to make its’ main entrance accessible for customers withdisability, even if more costly and technically challenging, instead of adapting the backdoor entrance to the restaurant.
III.
State party obligations25.Even though ensuring access to physical environment, transportation, informationand communication, and services open to the public is often pre-condition for the effectiveenjoyment of different civil and political rights by persons with disabilities, State Partiescan ensure that access is achieved through gradual implementation when necessary as wellas through the use of international cooperation. An analysis of the situation, andidentification of obstacles and barriers that should be removed, can be carried out in anefficient manner and within short to mid- term framework. The removal of barriers shouldbe carried in a continuous and systematic way, with a gradual yet steady realization.26.State Parties are obliged to adopt, promulgate and monitor the national accessibilitystandards. Adoption of adequate legal framework, if such legislation is lacking, is the firststep. State parties should undertake a comprehensive review of the laws on accessibility toidentify, monitor and address gaps in legislation and its’ implementation. It is importantthat the review and the adoption of the above- mentioned laws and regulations is carried outin the process of consultation with persons with disabilities and their representativeorganizations (Article 4, Paragraph 3 of CRPD), as well as with all other relevantstakeholders, such as academic community, expert associations of architects, urbanplanners, engineers, designers and others. Legislation should incorporate and be based onthe principles of the Universal design, as prescribed for by the CRPD (Article 4, paragraph
ADVANCE UNEDITED VERSION4 (f)), and prescribe for mandatory application of accessibility standards, as well as forsanctions, including fines, for those who fail to apply them. One should also strive toachieve interoperability of goods and services, especially in the field of transport,information and communication, including the Internet and other ICT through promotion ofinternationally recognized accessibility standards.27.On one hand, it is good to mainstream accessibility standards that prescribe forvarious areas that have to be accessible- physical environment in laws on construction andplanning, transportation in laws on public aerial, railway, road, water transport, informationand communication, services open to the public. On the other hand, accessibility should beencompassed in the general and specific laws prescribing for equal opportunities, equalityand participation in the context of prohibition of disability- based discrimination. Denial ofaccess should be clearly defined as a prohibited act of discrimination, and persons withdisabilities whose access to physical environment, transportation, information andcommunication, and services open to the public had been denied should have efficient legalremedies at their disposal. When defining accessibility standards, the State Parties have totake into account the diversity of persons with disabilities and ensure that accessibility isprovided to all persons of both genders and all ages and types of disability. Part ofencompassing the diversity of persons with disability in the provision of accessibility isrecognition that some persons with disability need human or animal assistance to enjoy fullaccessibility (such as personal assistance, sign language interpretation, tactile sign languageinterpretation, guide dogs etc.). It is necessary to prescribe that for example a ban on entryof guide dogs in a particular building or open space would constitute a prohibited act ofdisability- based discrimination.28.It is necessary to establish the minimum standards for the accessibility of differentservices provided by public and private entities for persons with different types ofimpairments. The State Parties should create a legislative framework with concrete,enforceable and time-bound benchmarks for monitoring and assessing the gradualmodification and adjustment by private entities of previously inaccessible services providedby them into accessible ones. The State party should also ensure that all newly procuredgoods and other services are fully accessible for persons with disabilities. The above-mentioned minimum standards must be developed in collaboration with persons withdisabilities and their representative organisations in accordance with article 4 (3) of CRPD.Such standards can also be developed in collaboration with other states parties andinternational organizations and agencies, through international cooperation in accordancewith article 32. The above mentioned cooperation can be used for development andpromotion of international standards that would contribute to interoperability of goods andservices. In the field of communication- related services, State Parties must ensure at leastminimum quality of services, especially for the relatively new types of services such aspersonal assistance and sign language interpretation, aiming at their standardization.29.Public procurement procedures should be used in a way to encourage the removal ofthe existing barriers and to prevent the creation of the new barriers. It is inacceptable to usepublic funds to perpetuate new inequalities. All new objects, infrastructure, facilities,goods, products, services have to be fully accessible for all persons with disabilities. Publicprocurements should be used for carrying out of the affirmative actions in line with theprovisions of article 5 (4) of CRPD, in order to ensure accessibility andde factoequality forpersons with disabilities.30.State Parties should adopt action plans and strategies for the identification of theexisting barriers to access, set time- frames with concrete deadlines and provide for bothhuman and material resources for the removal of the barriers. Once adopted, such strategiesand action plans should be strictly implemented. State Parties should strengthen themonitoring mechanisms additionally in order to ensure accessibility and to continue
ADVANCE UNEDITED VERSIONproviding sufficient funds for the removal of accessibility barriers and the continuedtraining of relevant monitoring staff. As accessibility standards are often implementedlocally, continuous capacity- building of the local authorities competent for the monitoringof implementation of the standards is of paramount significance. State parties are underobligation to develop effective monitoring framework and set up efficient monitoringbodies with adequate capacities and appropriate mandates to make sure that plans,strategies and standardisation are implemented and enforced.
IV.
Inter-sectional issues31.As already elaborated, one should view State Party’s duty of ensuring access to thephysical environment, transportation, information and communication, and services open tothe public for the persons with disabilities in the context of equality and non-discrimination. Denial of access to physical environment, transportation, information andcommunication, and services open to the public constitutes an act of disability- baseddiscrimination that is prohibited by article 5 of CRPD. Ensuring the accessibilitypro futuroshould be viewed in the context of implementation of the general obligation of developmentof universally designed goods, services, equipment and facilities (Article 4, Paragraph 1 (f)of CRPD).32.Awareness-raising is one of the pre- conditions for effective implementation ofCRPD. Since accessibility has often viewed in a narrow way, as accessibility of the builtenvironment (which is significant, but only one aspect of access for persons withdisabilities), State Parties should put effort into systematic and continuous awareness-raising on accessibility for all relevant stakeholders. One should cover all- encompassingnature of accessibility, providing for access to physical environment, transportation,information and communication, and services. Awareness-raising should also stress thatduty to observe accessibility standards applies equally to the public and the private sector. Itshould promote the application of universal design and the idea that designing and buildingin an accessible way from the earliest stages is cost- effective and economical too.Awareness-raising should be carried out in cooperation with persons with disabilities, theirrepresentative organizations and technical experts. Special attention should be paid tocapacity- building for application and monitoring of implementation of the accessibilitystandards. Media should not only take into account accessibility of their own programmesand services for persons with disabilities but should also take an active role in promotion ofaccessibility and contribute to the awareness raising.33.Ensuring full access to physical environment, transportation, information andcommunication, services opened to the public is indeed vital pre-condition for effectiveenjoyment of many rights covered by CRPD. Emergency services in situations of risk,natural disasters and armed conflict must be accessible to persons with disabilities, or theirlives cannot be saved and well- being protected (Article 11). There can be no effectiveaccess to justice if buildings of law- enforcement organs and judiciary aren’t physicallyaccessible, if the services they provide, information and communication aren’t accessible(Article 13). One has to have accessible safe houses, accessible support services andprocedures if one wants to provide effective and meaningful protection from violence,abuse and exploitation to persons with disabilities, especially women, girls and boys withdisabilities (Article 16). Accessible environment, transportation, information andcommunication, and services are a pre-condition for inclusion of persons with disabilities intheir respective local communities and independent life (Article 19).34.Articles 9 and 21 cross over in the field of information and communication. Article21 prescribes that States Parties shall “take all appropriate measures to ensure that personswith disabilities can exercise the right to freedom of expression and opinion, including the
ADVANCE UNEDITED VERSIONfreedom to seek, receive and impart information and ideas on an equal basis with others andthrough all forms of communication of their choice”. In fact, Article 21 elaborates in moredetail how the accessibility of information and communication can be ensured in practice.Inter alia,the State Parties shall provide information intended for the general public topersons with disabilities in accessible formats and technologies appropriate to differentkinds of disabilities. Article 21 furthermore prescribes for facilitation of the use of signlanguages, Braille, augmentative and alternative communication, and all other accessiblemeans, modes and formats of communication of their choice by persons with disabilities inofficial interactions (section (b)). Private entities providing services to the general public,including through the Internet, are urged to provide information and services in accessibleand usable formats for persons with disabilities (section (c )), and mass media, includingproviders of information through the Internet, are encouraged to make their servicesaccessible to persons with disabilities (section (d)). Indeed, Article 21 elaborates the issueof accessibility of information and communication further in more detail. It also providesfor promotion and recognition of the sign languages, in accordance with articles 24, 27, 29and 30 of the CRPD.35.Without accessible transport to the schools, without accessible school buildings,accessible information and communication, persons with disabilities would have no chanceto realize their right to education (article 24 of CRPD). Thus schools have to be accessible,as it is explicitly prescribed for in Section (a) of Paragraph 1 of Article 9 of CRPD. But theentire process of inclusive education must be accessible, not just buildings but also allinformation and communication, support services and reasonable accommodations inschool. In order to foster accessibility, education should promote and be carried out in signlanguage, the Braille, alternative script, augmentative and alternative modes, means andformats of communication and orientation (Paragraph 3 of Article 24 of CRPD). Modes andmeans of teaching should be accessible and carried out in accessible environments. Thecomplete environment of students with disabilities has to be designed in a way that fostersinclusion and guarantees equality of students with disabilities in the entire process of theireducation. One should consider the full implementation of article 24 of CRPD inconnection to other core human rights instruments, as well as the provisions on UNESCOConvention against Discrimination in Education,inter alia.36.Health care and social protection would remain unattainable for persons withdisabilities without accessible premises where above- mentioned services are beingprovided. Even if the buildings where the health care and social protection services areprovided are accessible themselves, without accessible transportation persons withdisabilities won’t be able to arrive to the places where the above- mentioned services arebeing provided. It is specially significant to take into account the gender dimension ofaccessibility when ensuring health care, specially reproductive health care for women andgirls with disabilities.37.Persons with disabilities cannot effectively realize their right to work and relatedrights, prescribed for in Article 27 of CRPD, if the work place itself is not accessible. Thusthe work places have to be accessible, as it is explicitly prescribed for in Section (a) ofParagraph 1 of Article 9 of CRPD. Denial of the work place adaptation constitutes aprohibited act of disability- based discrimination. Besides the physical accessibility of thework place, a person with disability would need accessible transportation and supportservices to get to his/ her work place. All information pertaining to work, advertisements ofjob offers, process of selection for the work place and communication at the work place,during the process of work has to be accessible through the use of sign language, Brailleprint, accessible electronic formats, alternative script, augmentative and alternative modes,means and formats of communication. Training and qualification for a job have to beaccessible as well, just like the realization of all trade unions and related labour rights. For
ADVANCE UNEDITED VERSIONexample, foreign language or computer courses for employees and trainees have to beconducted in an accessible environment in accessible forms, modes, means and formats.38.Article 29 of CRPD guarantees the persons with disabilities the right to participatein political and public life, to take part in running of public affairs. Persons with disabilitieswouldn’t be able to exercise the above- mentioned rights equally and effectively if the StateParties fail to ensure that voting procedures, facilities and materials are appropriate,accessible and easy to understand and use. It is also important that political meetings andmaterials used by and produced by political parties or individual candidates participating inthe public elections are accessible. Without that, the persons with disabilities are deprivedof their right to participate in the political process in an equal manner. The persons withdisabilities who get elected to a public office must have equal opportunities to carry thatoffice out in a fully accessible environment. 38. Everyone has the right to enjoy arts.Everybody has the right to take part in sports. Everyone has the right to go to hotels,restaurants, bars. But wheelchair user cannot go to a concert if there are only stairs in theconcert hall. A blind person cannot enjoy a painting if there is no description of it he canhear in the gallery. A deaf person cannot enjoy a movie if there are no subtitles. A personwith intellectual disability cannot enjoy a book if there is no easy- to- read version of it.Article 30 of the CRPD prescribes that States Parties recognize the right of persons withdisabilities to take part on an equal basis with others in cultural life, and shall take allappropriate measures to ensure that persons with disabilities:(a)Enjoy access to cultural materials in accessible formats;
(b)Enjoy access to television programmes, films, theatre and other culturalactivities, in accessible formats;(c)Enjoy access to places for cultural performances or services, such as theatres,museums, cinemas, libraries and tourism services, and, as far as possible, enjoyaccess to monuments and sites of national cultural importance.Provision of access to cultural and historical monuments considered patrimonial mayindeed be a challenge in some circumstances; however State Parties are indeed underobligation to strive to provide access to those sites as far as possible. Many monuments andsites of national cultural importance have been made accessible in a way that preservedtheir cultural and historical identity and uniqueness.39.States Parties shall take appropriate measures to enable persons with disabilities tohave the opportunity to develop and utilize their creative, artistic and intellectualpotential“(Article 30, Paragraph 2). States Parties shall take all appropriate steps, inaccordance with international law, to ensure that laws protecting intellectual property rightsdo not constitute an unreasonable or discriminatory barrier to access by persons withdisabilities to cultural materials“(Article 30, Paragraph 3). The international WIPOCopyright Treaty to facilitate access to publish works that was adopted in June 2013 shouldensure the access to cultural material without unreasonable or discriminatory barriers forpersons with disabilities, especially those facing challenges accessing classical printmaterials. CRPD provides for recognition and support of their specific cultural andlinguistic identity of persons with disabilities on an equal basis with others. Paragraph 4 ofArticle 30 specially stresses the recognition of and support for sign languages and deafculture.40.Paragraph 5 of Article 30 of CRPD prescribes that, in order to enable persons withdisabilities to participate on an equal basis with others in recreational, leisure and sportingactivities, States Parties shall take appropriate measures:(a)To encourage and promote the participation, to the fullest extent possible, ofpersons with disabilities in mainstream sporting activities at all levels;
ADVANCE UNEDITED VERSION(b)To ensure that persons with disabilities have an opportunity to organize,develop and participate in disability-specific sporting and recreational activities and,to this end, encourage the provision, on an equal basis with others, of appropriateinstruction, training and resources;(c)To ensure that persons with disabilities have access to sporting, recreationaland tourism venues;(d)To ensure that children with disabilities have equal access with other childrento participation in play, recreation and leisure and sporting activities, including thoseactivities in the school system;To ensure that persons with disabilities have access to services from those involved in theorganization of recreational, tourism, leisure and sporting activities.41.The international cooperation, as envisaged in Article 32 of CRPD should become asignificant tool in promotion of accessibility and the universal design. All new investmentscarried out in the framework of international cooperation should be used in a way toencourage the removal of the existing barriers and to prevent the creation of the newbarriers. It is inacceptable to use public funds to perpetuate new inequalities. All newobjects, infrastructure, facilities, goods, products, services have to be fully accessible for allpersons with disabilities. International cooperation should be used not merely forinvestments into accessible goods, products, services but it also should foster the exchangeof know- how, information on examples of good practice of achieving accessibility in waysthat will make concrete changes for better in the lives of millions of persons withdisabilities world- wide. It is important that the international cooperation in relation tostandardisation is also mentioned in the context article 32. And in relation to this issue, it isimportant to highlight the fact that organisations of persons with disabilities must besupported so that they can participate in the process of national and internationaldeveloping, implementing, and monitoring of accessibility standards.42.Monitoring of accessibility is a crucial aspect of the national and internationalmonitoring of the Convention. The processes of national and international monitoring of theimplementation of the Convention should also be performed in an accessible manner thatwould promote and ensure participation of persons with disabilities and their representativeorganizations in the above- mentioned process in an effective way. Article 49 of CRPDprescribes that the text of the present Convention shall be made available in accessibleformats. This is a novel solution in an international human rights treaty and CRPD shouldbe seen as setting a precedent in that respect for the future treaties.
