Reasonable Accommodations for Persons with Disabilities (PWDs)

Introduction

It is estimated that around 15% of the global population (one billion people) live with disabilities. Around 80% of them live in developing countries (WHO and World Bank, 2011). Persons with disabilities all over the world are facing a number of attitudinal Barriers, institutional (policy & programme) barriers, environmental (physical) barriers, in relation  to education, employment, healthcare, transportation, and other services, as well as social and political participation barriers. Although the United Nations and the World Bank said in a report that calls for the elimination of barriers that would ensure reasonable accommodations for people with disabilities to be equally included in the society”. Therefore, ‘Reasonable accommodation’ means making necessary and appropriate modifications or adjustments that are reasonable and do not impose undue burden to ensure that a person with disability is able to exercise a certain right on an equal basis with others. Implementing reasonable accommodations is a requirement set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Persons with Disabilities (PWDs)

Disability is a physical or mental impairment of a human being that limits his/her normal functioning of life. Disability involves dysfunction of one or more levels of physical function, individual activity or social participation. It could occur at birth or during the course of life. Disability can be categorized into different types, such as hearing disability, visual disability, physical disability, speech disability, mental disability etc. A person may be affected with a single type of disability or multiple disabilities at the same time (BBS, 2015). 

A person with a disability is defined as a person who has long-term physical, sensory, intellectual, mental, psychological or neurological impairment, which, as a result of interaction with other physical and behavioral barriers, may hinder performance by such person of one of the major life activities or hinder the exercise by such person of any right or basic freedom independently (Schulze, 2010).

The American Disability Act (ADA) (1990 as amended 2008), defined a person with disability as “An individual with a disability who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment. Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working”.

Physical or mental impairments include, but are not limited to: visual, speech, and hearing impairments; mental retardation, emotional illness, and specific learning disabilities; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; orthopedic conditions; cancer; heart disease; diabetes; and contagious and non contagious diseases such as tuberculosis and HIV disease (whether symptomatic or asymptomatic) (ADA, 1990 as amended 2008).

According to United Nations Conventions on the Rights of Persons with Disabilities (UNCRPD) (2006), “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.

Reasonable Accommodations

“Accommodations are alterations that have been made to items, procedures, or systems that enable persons with  disabilities to use them to the maximum extent possible. An accommodation can also be a modification to an existing environment or process to increase the participation by an individual with an impairment or activity limitation. Braille, large print, or audio books are examples of accommodations for people who are blind or who have visual limitations otherwise. For people who are deaf or who have difficulty hearing, accommodations may take the form of having a sign language interpreter available during meetings or presentations, or exchanging written messages”.

In Article 2 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) reasonable accommodations is defined as “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. Reasonable accommodation is an important strategy for Disability Inclusion; it can include: 

1. structural modifications to facilities;

2. use of equipment with universal design features;

3. communication in appropriate formats;

4. modification of working times or arrangements; and

5. alternative models of service delivery (UN, 2008).

‘Reasonable accommodation’ means making necessary and appropriate modifications or adjustments that are reasonable and do not impose undue burden to ensure that a person with disability is able to exercise a certain right on an equal basis with others. Implementing reasonable accommodations is a requirement set out in the CRPD. Examples of reasonable accommodation include:

1. Providing sign-language interpretation for meetings and workshops;

2. Making health information and messages available in alternative formats (e.g. texts in Braille, large print, easyto-read, audio, etc.);

3. Providing screen-reading software for persons with visual impairments in a school or workplace setting;

4. Taking the needs of persons with disabilities into consideration when designing, building or renovating a shelter, in order to ensure the rooms, kitchen and toilet are accessible (UN, 2020).

‘The requirements for reasonable accommodation can be voluntary or mandatory. In some circumstances, for example where employers bear the cost of providing reasonable accommodations, they may be less likely to hire people with disabilities, although various financial incentives can be offered to counter these obstacles. While accessibility can be realized progressively, reasonable accommodation has potential to be realized more immediately’.

Hence, reasonable accommodations can be discussed under the following:

1- Universal Design

2- Accessibility

4- Assistive Technologies

1. Universal Design

The intent of universal design is to simplify life for everyone by making products, communications, and the physical environment more usable by as many people as possible at little or no extra cost. Universal design benefits people of all ages and abilities (Mitra & Sambamoorthi, 2014).

In Article 2 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) universal design is defined as ‘The design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed’.

Universal design is an approach to design based on a ‘premise that design processes must be inclusive, produce equitable benefits and be appropriate to human functioning, gender, demographic group and social, economic and cultural setting and historical development experience. Its seven principles are: equitable use; flexibility in use; simple and intuitive use; perceptible information; tolerance for error; low physical effort; and size and space for approach and use’. It is practical and affordable, even in developing countries (Mont, 2014).

Building accessibility and the principle of universal design into the international development agenda would ensure that every environment, space, product or service, whether physical or virtual, could be easily approached, reached, entered, exited, interacted with, understood or otherwise used by persons of varying capabilities (Kett & Twigg, 2007).

The seven principles for universal design:

1. Door handle with keys in the lock.

2. Equitable use: The design is useful and marketable to people with diverse abilities. For example:

• Power doors with sensors at entrances that are convenient for all uusers.

3. Flexibility in use: The design accommodates a wide range of individual preferences and abilities. For example:

• An automated teller machine (ATM) that has enhancements in the way it looks, feels, or sounds so that people with vision or hearing impairments can use it;

• A tapered card opening for ease in inserting or removing a bank card; and

• A palm rest to aid those with arm mobility or strength limitations.

4. Simple and intuitive use: Use of the design is easy to understand, regardless of the user’s experience, knowledge, language skills, or current concentration level. For example:

• Including an instruction manual with clear drawings and no text.

5. Perceptible information: The design communicates necessary information effectively to the user, regardless of the current light, visual, or sound conditions or the person’s abilities to read, see, or hear. For example:

• Alarm systems that can be both seen and heard; and

• Routinely making captioning available in all television or video presentations.

6. Tolerance for error: The design minimizes hazards and the harmful consequences of accidental or unintended actions. For example:

• Ground-fault interrupter (GFI) electrical outlet that reduces risk of shock in bathrooms and kitchens.

7. Low physical effort: The design can be used efficiently and comfortably with minimum fatigue. For example:

• Easy-to-use handles that make opening doors easier for people of all ages and abilities.

8. Size and space for approach and use: Appropriate size and space is provided for approach, reach, manipulation, and use regardless of person’s body size, posture, or mobility. For example:

• Counters and service windows are low enough for everyone to reach, including people who use wheelchairs; and

• Curb cuts or sidewalk ramps, essential for people in wheelchairs, but are used by all people, and also convenient for people pushing baby strollers (ILO, 2011).

2.  Accessibility

Accessibility describes the degree to which an environment, service, or product allows access by as many people as possible, in particular people with disabilities. Accessibility standard is a level of quality accepted as the norm. The principle of accessibility may be mandated in law or treaty, and then specified in detail according to international or national regulations, standards, or codes, which may be compulsory or voluntary (Woodburn, 2013).

Accessibility implies “Ensuring that persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas” (DESA, 2013).

Accessibility involves removing the physical, communication, attitudinal and institutional barriers that persons with disabilities face in accessing and participating in society. An accessible environment is an environment which allows for the freedom of movement and use in total safety, regardless of age, gender or impairments, of a space or product that can be used by all, with no obstacles, with dignity and with the highest possible levels of independence (DFID, 2014).

‘Accessibility is when the needs of people with disabilities are specifically considered, and products, services, and facilities are built or modified so that they can be used by people of all abilities’. 

According to United Nations Conventions on the Rights of Persons with Disabilities (UNCRPD) (2006), there are measures which shall include the identification and elimination of obstacles and barriers to accessibility in the following:

1. Buildings, roads, transportation and other indoor and outdoor, facilities, including schools, housing, medical facilities and workplaces;

2. Information, communications and other services, including electronic services and emergency services.

“Countries shall also take appropriate measures: 

1. To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;

2. To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;

3. To provide training for stakeholders on accessibility issues facing persons with disabilities;

4. To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;

5. To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;

6. To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;

7. To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;

8. To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost” (Article 9 of UNCRPD, 2006).

3. Assistive Technologies

Assistive technologies (ATs) are devices or equipment that can be used to help  persons with disabilities fully engage in life activities. ATs can help enhance functional independence and make daily living tasks easier through the use of aids that help a person travel, communicate with others, learn, work, and participate in social and recreational activities. An example of an assistive technology can be anything from a low-tech device, such as a magnifying glass, to a high tech device, such as a computer that talks and helps someone communicate. Other examples are wheelchairs, walkers, and scooters, which are mobility aids that can be used by persons with physical disabilities. Smartphones have greatly expanded the availability of assistive technology for people with vision or hearing difficulties, or who have problems with effectively communicating their thoughts because of mental or physical limitations (UN, 2008).

Assistive devices (and assistive technology) are devices and technologies such as wheelchairs, artificial limbs, mobility aids, hearing aids, spectacles and other visual aids, and specialized computer software and hardware that increase mobility, hearing, vision and communication capacities. With the aid of these technologies, people with functional limitations are better able to live independently and participate in society (ESCAP, 2012).

Therefore, assistive technologies play an important role in Disability Inclusion as it encourages independent living for PWDs because with the use of assistive technologies persons with disabilities will be able to do most of daily activities by themselves without too much assistance from other people.