20.02.2013 Views

Full page photo print - Harvard Law School Project on Disability

Full page photo print - Harvard Law School Project on Disability

Full page photo print - Harvard Law School Project on Disability

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

The internati<strong>on</strong>al covenant <strong>on</strong> civil and Political Rights (ICCPR) c<strong>on</strong>tains <strong>on</strong>e express<br />

reference to “access” in Article 25, which address the right of people to “have access, <strong>on</strong> general<br />

terms of equality, to public service in his country .” 2 Similarly, the internati<strong>on</strong>al covenant<br />

<strong>on</strong> ec<strong>on</strong>omic, social and cultural Rights (ICESCR) <strong>on</strong>ly references accessibility in the<br />

c<strong>on</strong>text of equal access to educati<strong>on</strong> in Article 13 . 3 Nevertheless, General Comment No . 5<br />

of the committee <strong>on</strong> ec<strong>on</strong>omic, social and cultural Rights, the treaty body that m<strong>on</strong>itors<br />

implementati<strong>on</strong> of the ICESCR, specifically highlights the need for States Parties to the ICESCR<br />

to ensure that people with disabilities enjoy full access to transportati<strong>on</strong>, health care services,<br />

places of work, housing, health care, educati<strong>on</strong>, cultural and recreati<strong>on</strong>al venues, and other<br />

programs, services, and places relevant to the enjoyment of ec<strong>on</strong>omic, social, and cultural rights .<br />

The c<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Rights of the child (CRC) c<strong>on</strong>tains more frequent references to the<br />

c<strong>on</strong>cept of access, including in Article 17 (access to informati<strong>on</strong>), Article 24 (access to health<br />

care services and educati<strong>on</strong> about health and nutriti<strong>on</strong>), Article 28 (access to educati<strong>on</strong>), and<br />

Article 37 (access to legal assistance if deprived of liberty) . 4 In additi<strong>on</strong>, Article 23 specifically<br />

addresses the rights of children with disabilities, and notes the need for States Parties to ensure<br />

“effective access” of children with disabilities to:<br />

…educati<strong>on</strong>, training, health care services, rehabilitati<strong>on</strong> services, preparati<strong>on</strong><br />

for employment and recreati<strong>on</strong> opportunities in a manner c<strong>on</strong>ducive to the child’s<br />

achieving the fullest possible social integrati<strong>on</strong> and individual development, including<br />

his or her cultural and spiritual development.<br />

The UN Standard Rules <strong>on</strong> the Equalizati<strong>on</strong> of Opportunities for Pers<strong>on</strong>s with Disabilities<br />

(Standard Rules) provides more elaborati<strong>on</strong> <strong>on</strong> accessibility for people with disabilities in Rule<br />

5, addressing physical, informati<strong>on</strong>al, and communicati<strong>on</strong> accessibility . For example, Rule 5<br />

calls <strong>on</strong> States to remove obstacles to participati<strong>on</strong> in the physical envir<strong>on</strong>ment and promote<br />

accessibility through the development of standards and guidelines, training of architects<br />

and other c<strong>on</strong>structi<strong>on</strong> professi<strong>on</strong>als, and the c<strong>on</strong>sultati<strong>on</strong> of organizati<strong>on</strong>s of people with<br />

disabilities . Rule 5 also calls for informati<strong>on</strong> to be provided in different accessible formats, for<br />

the media (e .g ., televisi<strong>on</strong>, radio, newspapers) to provide accessible services, for new computer<br />

and other technologies to be made accessible initially or be retrofitted later, and for sign<br />

language and other interpreters to be made available to those who need them .<br />

The C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Rights of Pers<strong>on</strong>s with Disabilities (CRPD) is the first legally binding<br />

internati<strong>on</strong>al instrument to provide in-depth articulati<strong>on</strong> of the resp<strong>on</strong>sibilities of governments<br />

to thoroughly address accessibility so that people with disabilities may “live independently and<br />

participate fully in all aspects of life.” Specifically, Article 9 requires States to ensure that people<br />

with disabilities are able to access a comprehensive range of venues, facilities, and services<br />

<strong>on</strong> an equal basis with others . In providing examples, Article 9 references a variety of places<br />

and services, such as “buildings, roads, transportati<strong>on</strong> and other indoor and outdoor facilities,<br />

including schools, housing, medical facilities and workplaces,” as well as “informati<strong>on</strong> and<br />

communicati<strong>on</strong>s” and emergency services, all of which have the potential to impact a wide<br />

variety of other human rights . Furthermore, Article 9 includes “other facilities and services open<br />

or provided to the public, both in urban and in rural areas,” ensuring that accessibility is not <strong>on</strong>ly<br />

addressed in cities, but also for people with disabilities living in rural communities .<br />

2 See http://www .unhchr .ch/html/menu3/b/a_ccpr .htm<br />

3 See http://www .unhchr .ch/html/menu3/b/a_cescr .htm<br />

4 See http://www .unhchr .ch/html/menu3/b/k2crc .htm<br />

44 humAn RighTs. yes! AcTi<strong>on</strong> And AdvocAcy <strong>on</strong> The RighTs of PeRs<strong>on</strong>s wiTh disAbiliTies

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!