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'istr.: 7eneral 11 April 2014 !D(!NCE )NED%*ED (ER+%,N ;ri"inal: 2n"lish

Convention on the Rights of Persons with Disabilities

Committee on the Rights of Persons with Disabilities

Eleventh session 31 March 11 April 2014

General comment No. 2 (2014

!rticle "# !ccessibilit$

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%ntro&'ction

1. Accessibility is a precondition for persons with disabilities to live independently and participate fully and equally in society. Without access to the physical environ ent! to transportation! to infor ation and co unication! includin" infor ation and co unications technolo"ies and syste s! and to other facilities and services open or provided to the public! persons with disabilities would not have equal opportunities for participation in their respective societies. #t is no coincidence that accessibility is one of the principles on which the $onvention on the %i"hts of &ersons with 'isabilities is based (art. 3 (f)). *istorically! the persons with disabilities ove ent has ar"ued that access to the physical environ ent and public transport for persons with disabilities is a precondition for freedo of ove ent! as "uaranteed under article 13 of the +niversal 'eclaration of *u an %i"hts and article 12 of the #nternational $ovenant on $ivil and &olitical %i"hts. ,i ilarly! access to infor ation and co unication is seen as a precondition for freedo of opinion and e-pression! as "uaranteed under article 1. of the +niversal 'eclaration of *u an %i"hts and article 1.! para"raph 2! of the #nternational $ovenant on $ivil and &olitical %i"hts. 2. Article 2/ (c) of the #nternational $ovenant on $ivil and &olitical %i"hts enshrines the ri"ht of every citi0en to have access! on "eneral ter s of equality! to public service in his or her country. 1he provisions of this article could serve as a basis to incorporate the ri"ht of access into the core hu an ri"hts treaties. 3. 1he #nternational $onvention on the 2li ination of All 3or s of %acial 'iscri ination "uarantees everyone the ri"ht of access to any place or service intended for use by the "eneral public! such as transport hotels! restaurants! cafes! theatres and par4s (art. / (f)). 1hus! a precedent has been established in the international hu an ri"hts le"al fra ewor4 for viewin" the ri"ht to access as a ri"ht per se. Ad ittedly! for e bers of different racial or ethnic "roups! the barriers to free access to places and services open to the public were the result of pre5udicial attitudes and a readiness to use force in preventin" access to spaces that were physically accessible. *owever! persons with disabilities face technical and environ ental! or in ost cases! the hu an6built environ ental barriers such as staircases at the entrances of buildin"s! the absence of lifts in ulti6floor buildin"s and a

72.14

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lac4 of infor ation in accessible for ats. 1he built environ ent always relates to social and cultural develop ent as well as custo s! therefore the hu an6 ade environ ent is under full control of society. ,uch artificial barriers are often the result of a lac4 of infor ation and technical 4now6how rather than a conscious will to prevent persons with disabilities fro accessin" places or services intended for use by the "eneral public. #n order to introduce policies allowin" better accessibility for persons with disabilities! it is necessary to chan"e attitudes towards persons with disabilities in order to fi"ht a"ainst sti" a and discri ination throu"h on"oin" education efforts! awareness6 raisin"! cultural ca pai"ns and co unication. 4. 1he #nternational $ovenant on $ivil and &olitical %i"hts and the #nternational $onvention on the 2li ination of All 3or s of %acial 'iscri ination clearly establish the ri"ht of access as part of international hu an ri"hts law. Accessibility should be viewed as a disability6specific reaffir ation or social aspect of the ri"ht of access. 1he $onvention on the %i"hts of &ersons with 'isabilities includes accessibility as one of its 4ey underlyin" principles < a vital precondition for the effective and equal en5oy ent of different civil! political! econo ic! social and cultural ri"hts by persons with disabilities. Accessibility should be viewed in the conte-t of equality and non6discri ination. #n addition! it can be viewed as part of investin" in society as well and could be seen as an inte"ral part of the sustainable develop ent a"enda. /. While different people and or"ani0ations understand differently what #nfor ation and $o unication 1echnolo"y (#$1) ean! they all ac4nowled"e that #$1 is an u brella ter which includes any infor ation and co unication device or application and its content. ,uch a definition enco passes a wide ran"e of access technolo"ies! such as radio! television! satellites! obile phones! fi-ed lines! co puters! networ4 hardware and software. 1he i portance of #$1 lies in its ability to open up a wide ran"e of services! transfor e-istin" services and create "reater de and for access to infor ation and 4nowled"e! particularly in underserved and e-cluded populations! such as persons with disabilities. Article 12 of the #nternational 1eleco unication %e"ulations ('ubai! 2012) enshrines the ri"ht for persons with disabilities to access international teleco unication services! ta4in" into account the relevant #nternational 1eleco unication +nion (#1+) %eco endations. 1he provision of this article could serve as a basis to reinforce ,tate parties= national le"islative fra ewor4s. >. #n its "eneral co ent 8o. / (1..4)! the $o ittee on 2cono ic! ,ocial and $ultural %i"hts evo4ed the duty of ,tates parties to i ple ent the +nited 8ations ,tandard %ules on the 2quali0ation of ;pportunities for &ersons with 'isabilities. 1he ,tandard %ules also hi"hli"ht the si"nificance of the accessibility of the physical environ ent! transport! infor ation and co unication for the equali0ation of opportunities for persons with disabilities. 1he concept is developed in rule 8o. /! in which accessibility to the physical environ ent! infor ation and co unication are tar"eted as areas for priority actions for ,tates. ,i"nificance of accessibility can be also derived fro the 7eneral co ent 8o. 14 (2000) of the $o ittee on 2cono ic! ,ocial and $ultural %i"hts (para.12). #n its "eneral co ent 8o. . (200>) on the ri"hts of children with disabilities! the $o ittee on the %i"hts of the $hild e phasi0es the fact that the physical inaccessibility of public transportation and other facilities! includin" "overn ental buildin"s! shoppin" areas and recreational facilities! is a a5or factor in the ar"inali0ation and e-clusion of children with disabilities and ar4edly co pro ises their access to services! includin" health and education. 1he i portance of accessibility was reiterated by that $o ittee in its "eneral co ent 8o. 1? (2013) on the ri"ht of the child to rest! leisure! play! recreational activities! cultural life and the arts (art. 31). ?. 1he World Report on Disability (2011)! published by the World *ealth ;r"ani0ation and the World @an4 within the fra ewor4 of the lar"est consultation ever with the active

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involve ent of hundreds of professionals in the field of disability! stresses that the built environ ent! transport syste s and infor ation and co unication are often inaccessible to persons with disabilities (World Disability Report: Summary! p. 10). &ersons with disabilities are prevented fro en5oyin" so e of their basic ri"hts! such as the ri"ht to see4 e ploy ent or the ri"ht to health care! due to a lac4 of accessible transport. 1he level of i ple entation of accessibility laws re ains low in any countries and persons with disabilities are often denied their ri"ht to freedo of e-pression due to inaccessible infor ation and co unication. 2ven in countries where si"n lan"ua"e interpretation services e-ist for deaf persons! the nu ber of qualified interpreters is usually too low and due to the fact that these interpreters also have to individually travel to clients a4in" the too e-pensive to eet the increasin" de and for their services. &ersons with intellectual and psychosocial disabilities as well as deaf6blind persons face barriers in atte ptin" to access infor ation and co unication due to lac4 of it in easy6 to6 read for ats! and alternative and au" entatives odes. 1hey also face barriers when atte ptin" to access services! due to pre5udices and lac4 of adequate trainin" of the staff that provides those services. A. 1he report Ma4in" 1elevision Accessible (2011) written by the #nternational 1eleco unication +nion in cooperation with the 7lobal #nitiative for #nclusive #$1s (73#$1) hi"hli"hts that a si"nificant proportion of the 1 billion people who live with so e for of disability are unable to en5oy the audio6visual content. 1his lac4 of accessibility ste s fro the inaccessibility of content! infor ation and9or devices necessary for the to access these services. .. Accessibility was reco"ni0ed by the ainstrea #$1 co unity since the first phase of the World ,u it on #nfor ation ,ociety in 2003. #ntroduce and driven by disability co unity! such concept was incorporated in the ,u it 'eclaration of &rinciples! in which para"raph 2/ says B2/. 1he sharin" and stren"thenin" of "lobal 4nowled"e for develop ent can be enhanced by re ovin" barriers to equitable access to infor ation for econo ic! social! political! health! cultural! educational! and scientific activities and by facilitatin" access to public do ain infor ation! includin" by universal desi"n and the use of assistive technolo"iesC. 10. 1he $o ittee on the %i"hts of &ersons with 'isabilities has considered accessibility as one of the 4ey issues in each of the ten dialo"ues it has held until the draftin" process of this 7eneral $o ent with ,tates parties to consider their initial reports. 1he concludin" observations have all contained reco endations concernin" accessibility. ;ne co on challen"e has been the lac4 of an adequate onitorin" echanis to ensure the practical i ple entation of accessibility standards and relevant le"islation. #n so e ,tates parties! onitorin" was the responsibility of local authorities that lac4ed the technical 4nowled"e and the hu an and aterial resources to ensure effective i ple entation. Another co on challen"e has been the lac4 of trainin" provided to the relevant sta4eholders and insufficient involve ent of persons with disabilities and their representative or"ani0ations in the process of ensurin" access to the physical environ ent! transport! infor ation and co unication. 11. 1he $o ittee on the %i"hts of &ersons with 'isabilities has also addressed the issue of accessibility in its 5urisprudence. #n the case of ,0ilvia 8yusti! &Dter 1a4Ecs and 1a Es 3a0e4as v. *un"ary (co unication 8o. 192010! Fiews adopted on 1> April 2013)! the $o ittee was of the view that all services open or provided to the public ust be accessible in accordance with the provisions of article . of the $onvention on the %i"hts of &ersons with 'isabilities. 1he ,tate party was called upon to ensure that blind persons had access to auto atic teller achines (A1Ms). 1he $o ittee reco ended! inter alia! that the ,tate party should establish B ini u standards for the accessibility of ban4in" services provided by private financial institutions for persons with visual and other types of

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i pair entsC! Bcreate a le"islative fra ewor4 with concrete! enforceable and ti e6bound bench ar4s for onitorin" and assessin" the "radual odification and ad5ust ent by private financial institutions of previously inaccessible ban4in" services provided by the into accessible onesC and Bensure that all newly procured A1Ms and other ban4in" services are fully accessible for persons with disabilitiesC (para. 10.2 (a)). 12. 7iven these precedents and the fact that accessibility is indeed a vital precondition for persons with disabilities to participate fully and equally in society and effectively en5oy all their hu an ri"hts and funda ental freedo s! the $o ittee finds it necessary to adopt a "eneral co ent on article . of the $onvention on accessibility! in accordance with its rules of procedure and the established practice of the hu an ri"hts treaty bodies.

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Normative content

13. Article . of the $onvention on the %i"hts of &ersons with 'isabilities stipulates that! Bto enable persons with disabilities to live independently and participate fully in all aspects of life! ,tates parties shall ta4e appropriate easures to ensure to persons with disabilities access! on an equal basis with others! to the physical environ ent! to transportation! to infor ation and co unications! includin" infor ation and co unications technolo"ies and syste s! and to other facilities and services open or provided to the public! both in urban and in rural areasC. #t is i portant that accessibility is addressed in all its co ple-ity! enco passin" the physical environ ent! transportation! infor ation and co unication! and services. 1he focus is no lon"er on le"al personality and the public or private nature of those who own buildin"s! transport infrastructure! vehicles! infor ation and co unication! and services. As lon" as "oods! products and services are open or provided to the public! they ust be accessible to all! re"ardless of whether they are owned and9or provided by a public authority or a private enterprise. &ersons with disabilities should have equal access to all "oods! products and services that are open or provided to the public in a anner that ensures their effective and equal access and respects their di"nity. 1his approach ste s fro the prohibition a"ainst discri inationG denial of access should be considered to constitute a discri inatory act! re"ardless of whether the perpetrator is a public or private entity. Accessibility should be provided to all persons with disabilities! re"ardless of the type of i pair ent! without distinction of any 4ind! such as race! colour! se-! lan"ua"e! reli"ion! political or other opinion! national or social ori"in! property! birth or other status! their le"al or social status! "ender or a"e. Accessibility should especially ta4e into account the "ender and a"e perspectives for persons with disabilities. 14. Article . of the $onvention clearly enshrines accessibility as the precondition for persons with disabilities to live independently! participate fully and equally in society! and have unrestricted en5oy ent of all their hu an ri"hts and funda ental freedo s on an equal basis with others. Art. . has roots in e-istin" hu an ri"hts! such as in art. 2/ (c) of the #nternational $ovenant on $ivil and &olitical %i"hts on the ri"ht to equal access to public services and in art. / f ) of the #nternational $onvention on the 2li ination of All 3or s of %acial 'iscri ination on the ri"ht to access any place or service for public use6. When these two core hu an ri"hts treaties have been adopted! the internet which has chan"ed the world dra atically did not e-ist yet. $%&' is the first hu an ri"ht treaty of the 21st century to address access to the #$1 in this re"ard it does not create new ri"hts for persons with disability only. 3urther ore the notion of equality in international law has chan"ed durin" the last decades. 1he conceptual shift fro for al equality to substantive equality has an i pact on state parties= duties. 1he obli"ation to provide accessibility is an essential part of this new duty to respect! protect and fulfil equality ri"hts. Accessibility should therefore be considered in the conte-t of the ri"ht to access! seen fro the specific perspective of disability. 1he ri"ht to access for persons with disabilities is ensured throu"h

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strict i ple entation of accessibility standards. @arriers in the e-istin" ob5ects! facilities! "oods! services ai ed at or open to the public shall be re oved "radually in a syste atic and ore i portantly! a continuously onitored anner! with the ai of achievin" full accessibility. 1/. 1he strict application of universal desi"n to all new "oods! products! facilities! technolo"ies and services should ensure full! equal and unrestricted access for all potential consu ers! includin" persons with disabilities! in a way that ta4es full account of their inherent di"nity and diversity. #t should contribute to the creation of an unrestricted chain of ove ent for an individual fro one space to another! includin" ove ent inside particular spaces! with no barriers. &ersons with disabilities and other users should be able to ove in barrier6free streets! enter accessible low6floor vehicles! access infor ation and co unication! and enter and ove inside universally desi"ned buildin"s! usin" technical aids and live assistance where necessary. 1he application of universal desi"n does not auto atically eli inate the need for technical aids. #ts application to a buildin" fro the initial desi"n sta"e helps to a4e construction uch less costly: a4in" a buildin" accessible fro the outset i"ht not increase the total cost of construction at all in any cases! or the cost ay increase ini ally in so e cases. ;n the other hand! the cost of subsequent adaptations in order to a4e a buildin" accessible ay be ore considerable in so e cases! especially with certain historical buildin"s. #nitial application of universal desi"n is ore econo ical! but the potential costs of subsequent re oval of the barriers ay not be used as an e-cuse to avoid the obli"ation to re ove the barriers to accessibility "radually. 1>. Accessibility of infor ation and co unication! includin" infor ation and co unications technolo"y (#$1)! should also be achieved fro the outset because subsequent adaptations to the #nternet and #$1 ay increase costs. #t is therefore ore econo ical to incorporate andatory #$1 accessibility features fro the earliest sta"es of desi"n and production fro the earliest sta"es of desi"n and construction. Application of the universal desi"n a4es the society accessible for all hu an bein"s! not 5ust persons with disabilities. #t is also si"nificant that article . e-plicitly i poses on ,tates parties the duty to ensure accessibility both in urban and in rural areas. 2vidence has shown that accessibility is usually better in bi""er cities than in re ote! less developed rural areas! althou"h e-tensive urbani0ation can so eti es also create additional new barriers that prevent access for persons with disabilities! in particular to the built environ ent! transport and services as well as ore sophisticated info6co unication services in heavily populated! bustlin" urban areas. #n both urban and rural areas! there should be access available for persons with disabilities to those natural and herita"e parts of the physical environ ent that the public can enter and en5oy. 1?. Article .! para"raph 1! requires ,tates parties to identify and eli inate obstacles and barriers to accessibility! inter alia! to: (a) @uildin"s! roads! transportation and other indoor and outdoor facilities! includin" schools! housin"! edical facilities! and wor4placesG (b) #nfor ation! co unications and other services! includin" electronic services and e er"ency services. 1he above6 entioned Bother indoor and outdoor facilitiesC should inter alia include facilities of law enforce ent a"encies! tribunals and prisons! social institutions! areas of social interactions! recreation! cultural! reli"ious! political and sport activities and shoppin" establish ents. B;ther servicesC should inter alia include facilities of post! ban4in"! teleco unication and infor ation services. 1A. Article .! para"raph 2! stipulates the easures ,tates parties ust ta4e in order to develop! pro ul"ate and onitor the i ple entation of ini u national standards for
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the accessibility of facilities and services open or provided to the public. 1hese standards shall be in accordance with other state parties= standards to ensure their interoperability with re"ard to the free ove ent within the fra ewor4 of the liberty of ove ent and nationality (article 1A) of persons with disabilities. ,tates parties are also required to ta4e easures to ensure that private entities that offer facilities and services that are open or provided to the public ta4e into account all aspects of accessibility for persons with disabilities (art. .! para. 2 (b)). 1.. ,ince a lac4 of accessibility is often the result of insufficient awareness and technical 4now6how! article . requires that ,tates parties provide trainin" to all sta4eholders on accessibility for persons with disabilities (para. 2 (c)). Article . does not atte pt to enu erate the relevant sta4eholders: any e-haustive list should include the authorities that issue buildin" per its! broadcastin" boards and #$1! cha bers of en"ineers! desi"ners! architects! urban planners! transport authorities! service providers! e bers of the acade ic co unity and persons with disabilities and their or"ani0ations6 '&;=s. 1rainin" should be provided not 5ust to those desi"nin" "oods! services and products! but also to those who actually produce the . #n addition! stren"thenin" the direct involve ent of persons with disabilities in product develop ent would i prove the understandin" of e-istin" needs and the effectiveness of accessibility tests. +lti ately! it is the builders on the construction site who a4e a buildin" accessible or not. #t is i portant to put in place trainin" and onitorin" syste s for all these "roups in order to ensure the practical application of accessibility standards. 20. Move ent and orientation in buildin"s and other places open to the public can be a challen"e for so e persons with disabilities if there is no adequate si"na"e! accessible infor ation and co unication or support services. Article .! para"raphs 2 (d) and (e)! therefore provide that buildin"s and other places open to the public should have si"na"e in @raille and in easy6to6read and understand for s! and that live assistance and inter ediaries! includin" "uides! readers and professional si"n6lan"ua"e interpreters should be provided to facilitate accessibility. Without such si"na"e! accessible infor ation and co unication and support services! orientation and ove ent in and throu"h buildin"s ay beco e i possible for any persons with disabilities! especially those e-periencin" co"nitive fati"ue. 21. Without access to infor ation and co unication! en5oy ent of freedo of thou"ht and e-pression and any other basic ri"hts and freedo s for persons with disabilities ay be seriously under ined and restricted. Article .! para"raphs 2 (f) and (")! of the $onvention therefore provide that ,tates parties should pro ote live assistance and inter ediaries! includin" "uides! readers and professional si"n lan"ua"e interpreters (section (e))! pro ote other appropriate for s of assistance and support to persons with disabilities to ensure their access to infor ation! and pro ote access for persons with disabilities to new infor ation and co unications technolo"ies and syste s! includin" the #nternet! throu"h the application of andatory accessibility standards. #nfor ation and co unication should be available in easy6 to6 read for ats! alternative and au" entative odes and ethods to persons with disabilities who use such for ats odes and ethods. 22. 8ew technolo"ies can be used to pro ote the full and equal participation of persons with disabilities in society! but only if they are desi"ned and produced in a way that ensures their accessibility. 8ew invest ents! research production should contribute to eli inatin" inequality! not to the creation of new barriers. Article .! para"raph 2 (h)! therefore calls on ,tates parties to pro ote the desi"n! develop ent! production and distribution of accessible infor ation and co unications technolo"ies and syste s at an early sta"e! so that these technolo"ies and syste s beco e accessible at ini u cost. 1he use of hearin" enhance ent syste s includin" a bient assistive syste s to assist hearin" aid and induction loop users! and passen"er lifts pre6equipped to allow use by persons with

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disabilities durin" the e er"ency buildin" evacuations constitute 5ust so e of the e-a ples of technolo"ical advance ents in the service of accessibility. 23. ,ince accessibility is a precondition for persons with disabilities to live independently! as provided for in article 1. of the $onvention! and to participate fully and equally in society! denial of access to the physical environ ent! transportation! includin" infor ation and co unication technolo"ies! and facilities and services open to the public should be viewed in the conte-t of discri ination. 1a4in" Ball appropriate easures! includin" le"islation! to odify or abolish e-istin" laws! re"ulations! custo s and practices that constitute discri ination a"ainst persons with disabilitiesC (art. 4! para. 1 (b)) constitutes the ain "eneral obli"ation for all ,tates parties. B,tates parties shall prohibit all discri ination on the basis of disability and "uarantee to persons with disabilities equal and effective le"al protection a"ainst discri ination on all "roundsC (art. /! para. 2). B#n order to pro ote equality and eli inate discri ination! ,tates parties shall ta4e all appropriate steps to ensure that reasonable acco odation is providedC (art. /! para. 3). 24. A clear distinction should be drawn between the obli"ation to ensure access to all newly desi"ned! built or produced ob5ects! infrastructure! "oods! products and services and the obli"ation to re ove barriers and ensure access to the e-istin" physical environ ent and e-istin" transportation! infor ation and co unication! and services open to the "eneral public. Another of the ,tates parties= "eneral obli"ations is to Bunderta4e or pro ote research and develop ent of universally desi"ned "oods! services! equip ent and facilities! as defined in article 2 of the $onvention! which should require the ini u possible adaptation and the least cost to eet the specific needs of a person with disabilities! to pro ote their availability and use! and to pro ote universal desi"n in the develop ent of standards and "uidelinesC (art. 4! para. 4 (f)). All new ob5ects! infrastructure! facilities! "oods! products and services have to be desi"ned in a way that a4es the fully accessible for persons with disabilities! in accordance with the principles of universal desi"n. ,tates parties are obli"ed to ensure that persons with disabilities have access to the e-istin" physical environ ent and e-istin" transportation! infor ation and co unication! and services open to the "eneral public. *owever! as this obli"ation is to be i ple ented "radually! ,tates parties should establish definite ti e fra es and allocate adequate resources for the re oval of e-istin" barriers. 3urther ore! ,tate parties should clearly prescribe for duties of different authorities (includin" re"ional and local authorities) and entities (includin" private ones) that have to be carried out in order to ensure accessibility. ,tate parties should also prescribe for effective onitorin" echanis s that would ensure accessibility and for sanctions a"ainst all who fail to i ple ent accessibility standards. 2/. Accessibility is related to "roups! whereas reasonable acco odation is related to individuals. 1his eans that the duty to provide accessibility is an ex ante duty. ,tates parties therefore have the duty to provide accessibility before receivin" an individual request to enter or use a place or service. ,tates parties need to set accessibility standards! which ust be adopted in consultation with or"ani0ations of persons with disabilities! and they need to be specified for service6providers! builders and other relevant sta4eholders. Accessibility standards ust be broad and standardi0ed. #n the case of individuals who have rare i pair ents that were not ta4en into account when the accessibility standards were developed or do not use the odes! ethods or eans offered to achieve accessibility (not readin" @raille print! for e-a ple)! even the application of accessibility standards ay not be sufficient to ensure the access. #n such cases! reasonable acco odation ay apply. ,tate parties! in accordance with the $onvention! are not allowed to use the austerity easures as an e-cuse to avoid ensurin" "radual accessibility for persons with disabilities. ;bli"ation to i ple ent accessibility is unconditional! i.e. the obli"ed entity ay not e-cuse the o ission referrin" to the burdens of provision the access for persons with

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disabilities. $ontrarily! the duty of reasonable acco odation only e-ists! if i ple entation constitutes no undue burden on the side of the entity. 2>. 1he duty to provide reasonable acco odation is an ex nunc duty! which eans that it is enforceable fro the o ent an individual with an i pair ent needs it in a "iven situation (wor4place! school! etc.) in order to en5oy her or his ri"hts on an equal basis in a particular conte-t. *ere! accessibility standards can be an indicator! but ay not be ta4en as prescriptive. %easonable acco odation can be used as a eans of ensurin" accessibility for an individual with a disability in a particular situation. %easonable acco odation see4s to achieve individual 5ustice in the sense that non6discri ination or equality is assured! ta4in" the di"nity! autono y and choices of the individual into account. 1hus! a person with a rare i pair ent i"ht as4 for acco odation that falls outside the scope of any accessibility standard.

%%%. +tates 2arties3 obligations

2?. 2ven thou"h ensurin" access to the physical environ ent! transportation! infor ation and co unication! and services open to the public is often a precondition for the effective en5oy ent of different civil and political ri"hts by persons with disabilities! ,tates parties can ensure that access is achieved throu"h "radual i ple entation when necessary as well as throu"h the use of international cooperation. An analysis of the situation to identify the obstacles and barriers that need to be re oved can be carried out in an efficient anner and within a short6 to id6ter fra ewor4. @arriers should be re oved in a continuous and syste atic way! "radually yet steadily. 2A. ,tates parties are obli"ed to adopt! pro ul"ate and onitor national accessibility standards. #f no relevant le"islation is in place! adoptin" a suitable le"al fra ewor4 is the first step. ,tates parties should underta4e a co prehensive review of the laws on accessibility in order to identify! onitor and address "aps in le"islation and i ple entation. ;ften! disability laws fail to include #$1s in their definition of accessibility! while disability ri"hts laws concerned with non6discri inatory access in areas such as procure ent! e ploy ent and education fail to include access to #$1 and the any "oods and services that are central to odern society that are offered throu"h #$1. #t is i portant that the review and adoption of these laws and re"ulations are carried out in close consultation with persons with disabilities and their representative or"ani0ations (art. 4! para. 3)! as well as all other relevant sta4eholders! includin" e bers of the acade ic co unity! e-pert associations of architects! urban planners! en"ineers and desi"ners. He"islation should incorporate and be based on the principle of universal desi"n! as required by the $onvention (art. 4! para. 1 (f)). #t should provide for the andatory application of accessibility standards and for sanctions! includin" fines! for those who fail to apply the . 2.. #t is helpful to ainstrea accessibility standards that prescribe various areas that have to be accessible < the physical environ ent in laws on construction and plannin"! transportation in laws on public aerial! railway! road and water transport! infor ation and co unication! and services open to the public. *owever! accessibility should be enco passed in "eneral and specific laws on equal opportunities! equality and participation in the conte-t of the prohibition of disability6based discri ination. 'enial of access should be clearly defined as a prohibited act of discri ination. &ersons with disabilities who have been denied access to the physical environ ent! transportation! infor ation and co unication! or services open to the public should have effective le"al re edies at their disposal. When definin" accessibility standards! ,tates parties have to ta4e into account the diversity of persons with disabilities and ensure that accessibility is provided to persons of all "enders and of all a"es and types of disability. &art of the tas4 of enco passin" the
4

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diversity of persons with disabilities in the provision of accessibility is reco"ni0in" that so e persons with disabilities need hu an or ani al assistance in order to en5oy full accessibility (such as personal assistance! si"n lan"ua"e interpretation! tactile si"n lan"ua"e interpretation or "uide do"s). #t ust be stipulated! for e-a ple! that bannin" "uide do"s fro enterin" a particular buildin" or open space would constitute a prohibited act of disability6based discri ination. 30. #t is necessary to establish ini u standards for the accessibility of different services provided by public and private enterprises for persons with different types of i pair ents. %eference tools such as the %eco endation #1+61 1eleco unications Accessibility $hec4list for standardi0ation activities (200>) and the I1eleco unications accessibility "uidelines for older persons and persons with disabilitiesI (#1+61 %eco endation 3.?.0) should be ainstrea ed whenever a new #$16related standard is developed. 1hat would allow the "enerali0ation of universal desi"n in the develop ent of standards. ,tates parties should establish a le"islative fra ewor4 with specific! enforceable! ti e6bound bench ar4s for onitorin" and assessin" the "radual odification and ad5ust ent by private entities of their previously inaccessible services into accessible ones. ,tates parties should also ensure that all newly procured "oods and services are fully accessible for persons with disabilities. Mini u standards ust be developed in close consultation with persons with disabilities and their representative or"ani0ations! in accordance with article 4! para"raph 3! of the $onvention. 1he standards can also be developed in collaboration with other ,tates parties and international or"ani0ations and a"encies throu"h international cooperation! in accordance with article 32 of the $onvention. ,tate parties are encoura"ed to 5oin #1+ ,tudy 7roups in the %adio! ,tandardi0ation and 'evelop ent ,ectors of the +nion! which actively wor4 at ainstrea in" accessibility in the develop ent of international teleco unications9#$1 standards and on raisin" industry and "overn ents= awareness on the need to increase access to infor ation and co unication technolo"ies for persons with disabilities. ,uch cooperation can be useful in developin" and pro otin" international standards that contribute to the interoperability of "oods and services. #n the field of co unication6 related services! ,tates parties ust ensure at least a ini u quality of services! especially for the relatively new types of services! such as personal assistance and si"n lan"ua"e interpretation! tactile si"nin" syste ! ai in" at their standardi0ation. 31. As part of their review of accessibility le"islation! ,tates parties ust consider and! where necessary a end! their laws prohibitin" discri ination on the basis of disability. As a ini u ! the followin" situations in which lac4 of accessibility has prevented a person with disabilities fro accessin" a service or facility open to the public should be considered as prohibited acts of disability6 based discri ination: (i) Where the service or facility was established after relevant accessibility standards were introducedG (ii) Where access could have been "ranted to the facility or service (whenever it ca e into e-istence) throu"h a reasonable acco odation. 32. As part of their review of accessibility le"islation! ,tates parties ust also consider their laws on public procure ent. 1hey should ensure that their public procure ent procedures incorporate accessibility require ents. #t is unacceptable to use public funds to create or perpetuate the inequality that inevitably results fro inaccessible services and facilities. &ublic procure ents should be used to i ple ent affir ative action in line with the provisions of article /! para"raph 4 of the $onvention in order to ensure accessibility and de facto equality for persons with disabilities. 33. ,tates parties should adopt action plans and strate"ies to identify e-istin" barriers to accessibility! set ti e fra es with specific deadlines and provide both the hu an and

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aterial resources necessary to re ove the barriers. ;nce adopted! such action plans and strate"ies should be strictly i ple ented. ,tates parties should also stren"then their onitorin" echanis s in order to ensure accessibility and they should continue providin" sufficient funds to re ove barriers to accessibility and train onitorin" staff. As accessibility standards are often i ple ented locally! continuous capacity6buildin" of the local authorities responsible for onitorin" i ple entation of the standards is of para ount i portance. ,tates parties are under an obli"ation to develop an effective onitorin" fra ewor4 and set up efficient onitorin" bodies with adequate capacity and appropriate andates to a4e sure that plans! strate"ies and standardi0ation are i ple ented and enforced.

%(. %nterrelations with the other articles

34. 1he duty of ,tates parties to ensure access to the physical environ ent! transportation! infor ation and co unication! and services open to the public for persons with disabilities should be seen fro the perspective of equality and non6discri ination. 'enial of access to the physical environ ent! transportation! infor ation and co unication! and services open to the public constitutes an act of disability6based discri ination that is prohibited by article / of the $onvention. 2nsurin" accessibility pro futuro should be viewed in the conte-t of i ple entin" the "eneral obli"ation to develop universally desi"ned "oods! services! equip ent and facilities (art. 4! para. 1 (f)). 3/. Awareness6raisin" is one of the preconditions for the effective i ple entation of the $onvention on the %i"hts of &ersons with 'isabilities. ,ince accessibility is often viewed narrowly! as accessibility to the built environ ent (which is si"nificant! but only one aspect of access for persons with disabilities)! ,tates parties should strive syste atically and continuously to raise awareness about accessibility a on" all relevant sta4eholders. 1he all6enco passin" nature of accessibility should be addressed! providin" for access to the physical environ ent! transportation! infor ation and co unication! and services. Awareness6raisin" should also stress the fact that the duty to observe accessibility standards applies equally to the public and to the private sector. #t should pro ote the application of universal desi"n and the idea that desi"nin" and buildin" in an accessible way fro the earliest sta"es is cost6effective and econo ical. Awareness6raisin" should be carried out in cooperation with persons with disabilities! their representative or"ani0ations and technical e-perts. ,pecial attention should be paid to capacity6buildin" for the application and onitorin" of the i ple entation of accessibility standards. 1he edia should not only ta4e into account the accessibility of their own pro"ra es and services for persons with disabilities! but should also ta4e an active role in pro otin" accessibility and contributin" to awareness6raisin". 3>. 2nsurin" full access to the physical environ ent! transportation! infor ation and co unication! and services open to the public is indeed a vital precondition for the effective en5oy ent of any ri"hts covered by the $onvention. #n situations of ris4! natural disasters and ar ed conflict! the e er"ency services ust be accessible to persons with disabilities! or their lives cannot be saved or their well6bein" protected (art. 11). Accessibility has to be incorporated as priority in the post6 disaster reconstruction efforts. 1herefore! disaster ris4 reduction ust be accessible and disability inclusive. 3?. 1here can be no effective access to 5ustice if the buildin"s in which law6enforce ent a"encies and the 5udiciary are located are not physically accessible! or if the services! infor ation and co unication they provide are not accessible to persons with disabilities (art. 13). ,afe houses! support services and procedures ust all be accessible in order to provide effective and eanin"ful protection fro violence! abuse and e-ploitation to persons with disabilities! especially wo en and children (art. 1>). Accessible environ ent!
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transportation! infor ation and co unication! and services are a precondition for the inclusion of persons with disabilities in their respective local co unities and for the to have an independent life (art. 1.). 3A. Articles . and 21 intersect on the issue of infor ation and co unication. Article 21 provides that ,tates parties Bshall ta4e all appropriate easures to ensure that persons with disabilities can e-ercise the ri"ht to freedo of e-pression and opinion! includin" the freedo to see4! receive and i part infor ation and ideas on an equal basis with others and throu"h all for s of co unication of their choiceC. #t "oes on to describe in detail how the accessibility of infor ation and co unication can be ensured in practice. #t requires that ,tates parties Bprovide infor ation intended for the "eneral public to persons with disabilities in accessible for ats and technolo"ies appropriate to different 4inds of disabilitiesC (art. 21 (a)). 3urther ore! it provides for Bfacilitatin" the use of si"n lan"ua"es! @raille! au" entative and alternative co unication! and all other accessible eans! odes and for ats of co unication of their choice by persons with disabilities in official interactionsC (art. 21 (b)). &rivate entities that provide services to the "eneral public! includin" throu"h the #nternet! are ur"ed to provide infor ation and services in accessible and usable for ats for persons with disabilities (art. 21 (c))! and the ass edia! includin" providers of infor ation throu"h the #nternet! are encoura"ed to a4e their services accessible to persons with disabilities (art. 21 (d)). Article 21 also requires ,tates parties to reco"ni0e and pro ote the use of si"n lan"ua"es! in accordance with articles 24! 2?! 2. and 30 of the $onvention. 3.. Without accessible transport to schools! accessible school buildin"s! and accessible infor ation and co unication! persons with disabilities would not have the opportunity to e-ercise their ri"ht to education (art. 24 of the $onvention). 1hus schools have to be accessible! as is e-plicitly indicated in article .! para"raph 1 (a)! of the $onvention. *owever! it is the entire process of inclusive education that ust be accessible! not 5ust buildin"s! but all infor ation and co unication! includin" a bient or 3M assistive syste s! support services and reasonable acco odations in schools. #n order to foster accessibility! education should pro ote and be conducted in si"n lan"ua"e! @raille! alternative script! and au" entative and alternative odes! eans and for ats of co unication and orientation as well as the contents of the curricula (art. 24! para. 3 (a))! payin" special attention to appropriate lan"ua"es and odes and eans of co unication used by blind! deaf and deaf6blind students. Modes and eans of teachin" should be accessible and should be conducted in accessible environ ents. 1he whole environ ent of students with disabilities ust be desi"ned in a way that fosters inclusion and "uarantees their equality in the entire process of their education. 3ull i ple entation of article 24 of the $onvention should be considered in con5unction with the other core hu an ri"hts instru ents as well as the provisions of the $onvention a"ainst 'iscri ination in 2ducation of the +nited 8ations 2ducational! ,cientific and $ultural ;r"ani0ation . 40. *ealth care and social protection would re ain unattainable for persons with disabilities without access to the pre ises where those services are provided. 2ven if the buildin"s where the health6care and social protection services are provided are the selves accessible! without accessible transportation! persons with disabilities are unable to travel to the places where the services are bein" provided. All infor ation and co unication pertainin" to the provision of health care should be accessible throu"h si"n lan"ua"e! @raille! accessible electronic for ats! alternative script! au" entative and alternative odes! eans and for ats of co unication. #t is especially i portant to ta4e into account the "ender di ension of accessibility when providin" health care! particularly reproductive health care for wo en and "irls with disabilities! includin" "ynaecolo"ist and obstetric services.

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41. &ersons with disabilities cannot effectively en5oy their wor4 and e ploy ent ri"hts! as described in article 2? of the $onvention! if the wor4place itself is not accessible. Wor4places therefore have to be accessible! as is e-plicitly indicated in article .! para"raph 1 (a). A refusal to adapt the wor4place constitutes a prohibited act of disability6based discri ination. @esides the physical accessibility of the wor4place! persons with disabilities need accessible transport and support services to "et to their wor4places. All infor ation pertainin" to wor4! advertise ents of 5ob offers! selection processes and co unication at the wor4place that is part of the wor4 process ust be accessible throu"h si"n lan"ua"e! @raille! accessible electronic for ats! alternative script! au" entative and alternative odes! eans and for ats of co unication. All trade union and labour ri"hts ust also be accessible! as ust trainin" opportunities and 5ob qualifications. 3or e-a ple! forei"n lan"ua"e or co puter courses for e ployees and trainees ust be conducted in an accessible environ ent in accessible for s! odes! eans and for ats. 42. Article 2A of the $onvention deals with the adequate standard of livin" and social protection of persons with disabilities. ,tate parties should ta4e necessary easures in order to ensure that both ainstrea and disability6 specific social protection easures and services are provided in an accessible anner! in accessible buildin"s! and all infor ation and co unication pertainin" to the should be accessible throu"h si"n lan"ua"e! @raille! accessible electronic for ats! alternative script! au" entative and alternative odes! eans and for ats of co unication. ,ocial housin" pro"ra s should offer housin" that is inter alia accessible for persons with disabilities and the elderly. 43. Article 2. of the $onvention "uarantees persons with disabilities the ri"ht to participate in political and public life! and to ta4e part in runnin" public affairs. &ersons with disabilities would be unable to e-ercise these ri"hts equally and effectively if ,tates parties failed to ensure that votin" procedures! facilities and aterials were appropriate! accessible and easy to understand and use. #t is also i portant that political eetin"s and aterials used and produced by political parties or individual candidates participatin" in public elections are accessible. #f not! persons with disabilities are deprived of their ri"ht to participate in the political process in an equal anner. &ersons with disabilities who are elected to public office ust have equal opportunities to carry out their andate in a fully accessible anner. 44. 2veryone has the ri"ht to en5oy the arts! ta4e part in sports! and "o to hotels! restaurants and bars. *owever! wheelchair users cannot "o to a concert if there are only stairs in the concert hall. @lind persons cannot en5oy a paintin" if there is no description of it they can hear in the "allery. *ard of hearin" persons cannot en5oy a fil if there are no subtitles. 'eaf persons cannot en5oy a theatrical play if there is no si"n lan"ua"e interpretation. &ersons with intellectual disabilities cannot en5oy a boo4 if there is no easy6 to6read version of it! au" entative and alternative odes. Article 30 of the $onvention requires that ,tates parties reco"ni0e the ri"ht of persons with disabilities to ta4e part in cultural life on an equal basis with others. 1hey are required to ta4e all appropriate easures to ensure that persons with disabilities: (a) 2n5oy access to cultural aterials in accessible for atsG es! fil s! theatre and other cultural (b) 2n5oy access to television pro"ra activities! in accessible for atsG and

(c) 2n5oy access to places for cultural perfor ances or services! such as theatres! useu s! cine as! libraries and touris services! and! as far as possible! en5oy access to onu ents and sites of national cultural i portance. 1he provision of access to cultural and historical onu ents that are part of national herita"e ay indeed be a challen"e in so e circu stances. *owever! ,tates parties are obli"ed to strive to provide access to these sites. Many onu ents and sites of national
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CRPD-C-GC-2

cultural i portance have been ade accessible in a way that preserves their cultural and historical identity and uniqueness. 4/. B,tates parties shall ta4e appropriate easures to enable persons with disabilities to have the opportunity to develop and utili0e their creative! artistic and intellectual potentialC (art. 30! para. 2). B,tates parties shall ta4e all appropriate steps! in accordance with international law! to ensure that laws protectin" intellectual property ri"hts do not constitute an unreasonable or discri inatory barrier to access by persons with disabilities to cultural aterialsC (art. 30! para. 3). 1he Marra4esh 1reaty to 3acilitate Access to &ublished Wor4s for &ersons Who Are @lind! Fisually # paired! or ;therwise &rint 'isabled of the World #ntellectual &roperty ;r"ani0ation! adopted in June 2013! should ensure access to cultural aterial without unreasonable or discri inatory barriers for persons with disabilities! includin" those people with disabilities livin" abroad or as a e ber of inority in other country and spea4 or use the sa e lan"ua"e or ean of co unication! especially those facin" challen"es accessin" classic print aterials. 1he $onvention on the %i"hts of &ersons with 'isabilities provides that persons with disabilities are entitled! on an equal basis with others! to reco"nition and support of their specific cultural and lin"uistic identity. Article 30! para"raph 4! stresses the reco"nition of and support for si"n lan"ua"es and deaf culture. 4>. Article 30! para"raph /! of the $onvention provides that! in order to enable persons with disabilities to participate on an equal basis with others in recreational! leisure and sportin" activities! ,tates parties shall ta4e appropriate easures: (a) 1o encoura"e and pro ote the participation! to the fullest e-tent possible! of persons with disabilities in ainstrea sportin" activities at all levelsG (b) 1o ensure that persons with disabilities have an opportunity to or"ani0e! develop and participate in disability6specific sportin" and recreational activities and! to this end! encoura"e the provision! on an equal basis with others! of appropriate instruction! trainin" and resourcesG (c) 1o ensure that persons with disabilities have access to sportin"! recreational and touris venuesG (d) 1o ensure that children with disabilities have equal access with other children to participation in play! recreation and leisure and sportin" activities! includin" those activities in the school syste G and (e) 1o ensure that persons with disabilities have access to services fro those involved in the or"ani0ation of recreational! touris ! leisure and sportin" activities. 4?. #nternational cooperation! as described in article 32 of the $onvention! should be a si"nificant tool in the pro otion of accessibility and universal desi"n. 1he $o ittee reco ends international develop ent a"encies to reco"ni0e the si"nificance of supportin" pro5ects i provin" #$1 and other access infrastructure. All new invest ents ade within the fra ewor4 of international cooperation should be used to encoura"e the re oval of e-istin" barriers and prevent the creation of new barriers. #t is unacceptable to use public funds to perpetuate new inequalities. All new ob5ects! infrastructure! facilities! "oods! products and services ust be fully accessible for all persons with disabilities. #nternational cooperation should be used not erely to invest in accessible "oods! products and services! but also to foster the e-chan"e of 4now6how and infor ation on "ood practice in achievin" accessibility in ways that will a4e tan"ible chan"es that can i prove the lives of illions of persons with disabilities worldwide. #nternational cooperation on standardi0ation is also i portant! as is the fact that or"ani0ations of persons with disabilities ust be supported so that they can participate in national and international processes to develop! i ple ent and onitor accessibility standards. Accessibility ust be

1.

CRPD-C-GC-2

inte"ral part of any sustainable develop ent efforts! especially in the conte-t of the &ost6 201/ A"enda. 4A. Monitorin" of accessibility is a crucial aspect of the national and international onitorin" of the $onvention. Article 33 requires that ,tates parties have established focal points within their "overn ents for atters relatin" to the i ple entation of the $onvention as well as national fra ewor4s which include one or ore independent echanis s. $ivil society should also be involved and participate fully in the onitorin" process. #t is crucial that these Article 33 bodies are duly consulted when easures for proper i ple entation of Article . are considered. 1hey should be provided with eanin"ful opportunities to! inter alia! ta4e part in the draftin" of national accessibility standards! co ent on e-istin" and draft le"islation! sub it proposals for draft le"islation and policy re"ulation! and participate fully in awareness raisin" and educational ca pai"ns . 1he processes of national and international onitorin" of the i ple entation of the $onvention should be perfor ed in an accessible anner that pro otes and ensures the effective participation of persons with disabilities and their representative or"ani0ations. Article 4. of the $onvention requires that the te-t of the $onvention be ade available in accessible for ats. 1his is an innovation in an international hu an ri"hts treaty and the $onvention on the %i"hts of &ersons with 'isabilities should be seen as settin" a precedent in that respect for all future treaties.

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