Thursday, September 15, 2022

SDG and PWDs: Access to Information and Communication Technology (ICT) for Persons with Disabilities (SDG Target 9.c)

 


Abstract

The Sustainable Development Goals number 9 (SDG target 9.c) aims to increase access to Information and Communication Technology (ICT) for all including people with disabilities. Therefore, this article focuses on  persons with  disabilities by analysing the international and  the regional normative frameworks on disability and ICT and highlighting the challenges persons with disabilities face in accessing ICT based on the available evidence.  It also analyzed the situation of persons with disabilities in ICT, and current practices in some countries regarding access to ICT for persons with disabilities. The article likewise concludes with the ways forward to increase accessibility of ICT for persons with disabilities.


Keywords: Information and Communication Technology (ICT), Persons with Disabilities (PWDs), Sustainable Development Goals (SDGs).


Introduction

The World Health Organisation (WHO) and the World Bank Report on Disability (2011), provides a global statistics on disability which indicates that 15% of the world’s population, or more than one billion people in the world today have a disability; and 80% of these people live in developing nations.


Information and communication technologies (ICT), when accessible and available, can serve as critical enablers that allow persons with disabilities to realise full and effective opportunities to participate, on the basis of equality, in all aspects of society and development. ICTs can help persons with disabilities have a greater access to knowledge and independent living. However, there are a few principles that should be taken into consideration while introducing ICTs. Whether one is considering the respective needs of rich and poor, rural and urban, those with access to the internet and those without (the digital divide), ICT has the power to bring people together but, where persons with disabilities lack access to ICTs, they can also leave people behind (UNESCO, 2020).


The 2030 Agenda for Sustainable Development and its 17 SDGs provide a powerful framework to guide local communities, countries and the international community toward the achievement of disability-inclusive development. It pledges to leave no one behind, including people with disabilities and other disadvantaged groups, and has recognized disability as a cross-cutting issue to be considered in the implementation of all of its goals.


Therefore, the Sustainable Development Goals (Goal 9) focuses on Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. It has 8 targets in which target 9.c is based on increasing access to information and communications technology and strive to provide universal and affordable access to the Internet in developed and developing countries (UN, 2018).


This article will address access to ICTs as it relates to persons with disabilities, beginning by presenting the international normative frameworks in this area. An overview of global ICT access and usage among persons with disabilities is presented. The article also illuminates national initiatives and ends with recommendations to improve access to ICT among persons with disabilities. 


Persons with Disabilities (PWDs)

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006), describes 'Disability' as an “evolving concept” and says that “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”. Disability is an outcome of an interaction between health conditions (such as cerebral palsy, depression or lung disease), and environmental factors (such as inaccessible transportation, limited social support or air pollution).


Disability is diverse not only in extent but also in kind. There are people who live with severe sensory, mobility, communication or cognitive impairments (e.g. people who are blind or deaf, wheelchair users, or children with intellectual disabilities) but there are also people with mild and moderate impairments who need help to keep these impairments from worsening. Finally, as we age, we experience multimorbidities in which several, mild or moderate impairments across many body functions occur together, producing relatively high levels of overall disability.


Information and Communication Technology (ICT)

ICT (Information and Communications Technology - or Technologies) include any 

communication device or application such as radio, television, cellular phones, computers, satellite systems as well as network hardware and software and associated services (UNESCO, 2020).


Sustainable Development Goals (SDGs)

The Sustainable Development Goals (SDGs) is a 2030 Agenda for Sustainable Development, adopted by the 193 Member States of the United Nations at the General Assembly in September 2015. It outlines a transformative vision for economic, social and environmental development and will guide the work of the Organization towards this vision for the 15 years.


Likewise, the 2030 Agenda provides a powerful framework to guide local communities, countries and the international community toward the achievement of Disability–Inclusive Development. The 2030 Agenda (SDGs) pledges to leave no one behind, including persons with disabilities and other disadvantaged groups, and recognizes disability as a cross–cutting issue to be considered in the implementation of all of its goals. 


The 2030 Agenda for Sustainable Development, which includes 17 Goals and 169 targets as well as 238 indicators, sets out an ambitious vision for sustainable development and integrates its economic, social and environmental dimensions. This new Agenda enshrines the expectations, aspirations and priorities of the international community to be achieved by 2030 (UN, 2018).


SDG 9 and its Targets

The SDG 9 focuses on ‘Industry, Innovation and Infrastructure’. It details that, investments in infrastructure, transport, irrigation, energy and information and communication technology are crucial to achieving sustainable development and empowering communities in many countries. It has long been recognized that growth in productivity and incomes, and improvements in health and education outcomes require investment in infrastructure.


Inclusive and sustainable industrial development is the primary source of income generation, allows for rapid and sustained increases in living standards for all people, and provides the technological solutions to environmentally sound industrialization.


Technological progress is the foundation of efforts to achieve environmental objectives, such as increased resource and energy-efficiency. Without technology and innovation, industrialization will not happen, and without industrialization, development will not happen.


Therefore, SDG 9 has 8 targets which are as follows:

Target 9.1: Develop quality, reliable, sustainable and resilient infrastructure, including regional and transborder infrastructure, to support economic development and human well-being, with a 

focus on affordable and equitable access for all.


Target 9.2: Promote inclusive and sustainable industrialization and, by 2030, 

significantly raise industry’s share of employment and gross domestic product, in line with national circumstances, and double its share in least developed countries.


Target 9.3: Increase the access of small-scale industrial and other enterprises, in particular in developing countries, to financial services, including affordable credit, and their integration into value chains and markets.


Target 9.4: By 2030, upgrade infrastructure 

and retrofit industries to make them sustainable, with increased resource-use efficiency and greater adoption of clean and environmentally sound technologies and industrial processes, with all countries taking action in accordance with their respective capabilities.


Target 9.5: Enhance scientific research, upgrade the technological capabilities of industrial sectors in all countries, in particular developing countries, including, by 2030, encouraging innovation and substantially increasing the number of research and development workers per 1 million people and public and private research and development spending.


Target 9.a: Facilitate sustainable and resilient infrastructure development in developing countries through enhanced financial, technological and technical support to African countries, least developed countries, landlocked developing countries and small island developing States.


Target 9.b: Support domestic technology development, research and innovation in developing countries, including by ensuring a conducive policy environment for, inter alia, industrial diversification and value addition to commodities.


Target 9.c: Significantly increase access to 

information and communications technology and strive to provide universal and affordable access to the Internet in least developed countries by 2030 (UN, 2019).


SDG 9.c and PWDs

SDG target 9.c commits to significantly increase access to ICT and to provide universal and affordable access to the Internet or ICT generally in developed and  developing countries by 2030. This represents a crucial target in the development of digital inclusion, in particular for persons with disabilities. 


The reach and power of ICT has grown tremendously in recent decades. In today’s digital age, ICT plays a central role in nearly all aspects of life. ICTs affect how people work, play, vote and interact. For persons with disabilities, ICTs can also represent a powerful opportunity to improve quality of life, enhance inclusion and social engagement and make independent living possible: “For most people, technology makes things easier. For persons with disabilities, technology makes things possible”. ICTs can offer persons with disabilities opportunities for education, work, leisure, social interaction and political participation as well as provide access to public services and information. Online access to public services, e-learning materials which can be adapted to the needs of students with disabilities, and text-to-voice devices, among others, are indeed giving persons with disabilities the ability to further engage in society. 


As information and communication move increasingly online, digital technologies present an unprecedented opportunity for the inclusion of persons with disabilities. At the same time, they also present a major risk of leaving persons with disabilities further behind, in cases where these technologies, products, content and services are not created with accessibility in mind. Increasingly, digital inclusion – i.e. the ability of all persons, including persons with disabilities, to access and use ICTs – and ICT accessibility must be seen as a critical element for ensuring inclusion and the achievement of other SDGs for persons with disabilities (UN, 2019).


International Normative Frameworks on Disability and ICT 

The current international normative frameworks, which include provisions on ICT and persons with disabilities, focus mainly on affordable and equitable access, on removing barriers in access to ICT for persons with disabilities and on promoting ICTs that respond to the needs of persons with disabilities. Some of these normative frameworks are as follows:


1- United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006): A key framework in this regard is the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006), which recognizes the critical role that information and communication plays in ensuring that persons with disabilities fully enjoy human rights and fundamental freedoms. The Article 4(g) of UNCRPD calls also for promoting research and development and enhancing the availability and use of new technologies, including ICTs. In addition, the Article 9 is dedicated to accessibility and stipulates that States Parties should take appropriate measures to ensure persons with disabilities have access, on an equal basis with others, to information and communications, including information and communications technologies and systems. To ensure this access to ICT, the Article 9 further calls for removing barriers to information, communication and other services including electronic services and emergency services and to promote the design, development, production and distribution of accessible ICT at an early stage. The Article 21 urges private entities and the mass media, which provide services and information through the Internet, to make these accessible to persons with disabilities. ICT also plays a key role in meaningful habilitation and rehabilitation, and the Article 26 calls on States Parties to promote the availability, knowledge and use of assistive technologies used in this regard.


2- The International Telecommunication Regulations (2012): This is one of the major international frameworks focusing on information and communications, specifically calls on Member States to promote access for persons with disabilities to international telecommunication services. In addition, an outcome document of the World Summit on the Information Society (WSIS), the Geneva Plan of Action (2003), calls for full inclusion of persons with disabilities in the information society and encourages the design and production of ICT equipment and services that meet the needs of persons with disabilities and promote the development of technologies in line with the Universal Design Principle. It also addresses the need to nurture local capacity for the creation and distribution of software in the local context for the population, including persons with disabilities. Another WSIS outcome document, the Tunis Commitment (2005), also stressed that the needs of persons with disabilities should be taken into account in providing equitable and affordable access to ICTs. Furthermore, the World Summit on the Information Society (WSIS)+10 Review and Strategic Directions for Building Inclusive Knowledge Societies for Persons with Disabilities (2013) states that for ICT to be accessible, persons with disabilities need to be able to “perceive output information, understand it and act upon it”.


Other international frameworks that stress the importance of ensuring access to ICTs for persons with disabilities include the New Urban Agenda (2016), which calls for facilitating access for persons with disabilities, on an equal basis with others, to ICTs and systems. It also commits to promote the development of national ICT policies and e-government strategies to make ICT accessible to the public, including persons with disabilities.


In addition, several international normative frameworks have recognized the importance of international cooperation in expanding access to ICTs. This is particularly relevant for persons with disabilities for whom state-of-the-art ICTs can make a crucial difference with regards to their independent living. UNCRPD Article 32 highlights the importance of international cooperation in the facilitation of access to and sharing of accessible and assistive technologies, some of which are ICTs. In the same vein, SDG target 17.8 commits to fully operationalize the technology bank and science, technology and innovation capacity-building mechanism for the least developed countries and enhance the use of enabling technology, particularly ICT (UN, 2019).


Regional Normative Frameworks on ICT and Disability

Normative frameworks on ICT established at the regional levels have also reflected the needs and perspectives of persons with disabilities. 


1- The European Union Digital Agenda (2010): It emphasizes the importance of accessibility of websites and online services, and calls for addressing the challenges of accessibility and usability of persons with disabilities by helping them participate in digital society, including by training them. In this Digital Agenda, the European Commission commits to systematically evaluate accessibility in revisions of legislation, following the UNCRPD. Relatedly, the European Accessibility Act (2015) seeks to improve the functioning of the internal market for accessible products and services by eliminating obstacles caused by divergent legislation in order to facilitate accessibility for persons with disabilities. 


The European Union directive on “the accessibility of the websites and mobile applications of public sector bodies” (2016) aims to improve the accessibility of public sector websites and mobile applications, particularly for persons with disabilities.


2- The Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities (CIADDIS): It was adopted in 1999 to advance the rights and fundamental freedoms of persons with disabilities. While this instrument does not specifically mention access to ICTs, there are directives that encourage States Parties to eliminate discrimination against persons with disabilities including by providing accessible communications. Within the framework of the Organization of American States, the Program of Action for the Decade of the Americas for Persons with Disabilities (2006–2016) called for the elimination of communication and information barriers in all communications media and public services to improve access for persons with disabilities (measure 5.f) and for designing and executing education programmes using new ICTs to meet the educational needs of students with disabilities (measure 3.f).

 

The Action Plan for the Information Society in Latin America and the Caribbean (eLAC2015): It adopted in 2013 recognizes that ICTs are tools for economic development and social inclusion. Its Goal 6 commits to promote ICT access and use by persons with disabilities with emphasis on the development of applications that consider standards and criteria on inclusion and accessibility. The Digital Agenda for Latin America and the Caribbean (eLAC2018) adopted in 2015, complements the eLAC2015, with an emphasis on achieving universal access to digital services and content production including vulnerable groups, which implicitly includes persons with disabilities (Objective 1). The eLAC2018 also ensures ICT access for vulnerable groups to improve their social, educational, cultural and economic integration (Objective 18) (UN, 2019).


The Situation of Persons with Disabilities Regarding Access to ICT 

1- Access to and use of the Internet 

Internet websites have been ranked as one of the most important ICTs for persons with disabilities for health care, education, employment, access to government services and participation in political and public life. However, significant gaps are observed between persons with and without disabilities in the use of the Internet, with persons with disabilities reporting lower usage. Among 14 countries, around 2011, the average gap was 18 percentage points, with some countries reaching gaps as high as 30 percentage points. On average, in these countries, 19% of persons with disabilities use the Internet versus 36% of persons without disabilities. In all 14 countries, compared to persons without disabilities, the percentage of persons with disabilities using the Internet is lower. Countries with overall higher Internet usage tend to have higher gaps between persons with and without disabilities in Internet use. Households with persons with disabilities tend also to have lower Internet access. Among 26 countries, 9% of households with persons with disabilities versus 13% of households without disabilities have access to the Internet. In nine of these countries, the gap is above five percentage points.


The gap between access to the Internet at home and use of the Internet varies with age. For instance, in 11 Latin American and Caribbean countries, a higher percentage of younger persons with disabilities, especially those under the age of 40, use the Internet than have Internet access in the home, whereas for adults aged 40 and above with disabilities it is more common to have access in the home than report Internet use. These patterns suggest that for the younger generation of persons with disabilities use of the Internet is not constrained by not having connectivity at home, which may reflect the rising popularity of smart phones and other portable devices that have Internet connectivity, or the use of the Internet in public places by younger generations. For older adults with disabilities, having Internet access does not equate with Internet use. The age differences are much more pronounced for use than access. This can be due to the fact that access may be related to household income level, whereas use of the Internet and ICT more generally are marked by a digital age divide.


Several reasons may explain the lower use of the Internet among persons with disabilities, with unaffordability of the Internet, unaffordability and inaccessibility of the devices on which to access the Internet (e.g. computers or smartphones) and lower ICT skills among persons with disabilities, all possibly playing a significant role. Indeed, persons with disabilities have lower employment rates and lower incomes, and may have extra costs related to disability, making it more likely that the costs of Internet subscriptions and electronic devices will be prohibitive for them. For instance, data available for three countries in sub-Saharan Africa indicate that 15% of households without persons with disabilities but only 8% of households with persons with disabilities are able to afford Internet costs. Households with persons with disabilities are also less likely to have a computer (11% of households with versus 16% of households without persons with disabilities).


In addition, persons with disabilities are less likely to receive an education and are thus more likely to have lower levels of digital literacy. And, even with similar levels of education, they may face additional barriers to using the Internet. For example, around 2010, in 11 countries in Latin America and the Caribbean, persons with disabilities were less likely to use the Internet than persons without disabilities with identical education levels. Although Internet usage increased with the level of education for both persons with and without disabilities, the gaps between the two ranged from 6 percentage points in primary education to 14 percentage points in tertiary education.


Even where digital education, ICTs and Internet connections are all available, electronic devices often remain inaccessible unless special assistive technologies are also provided. For example, persons with physical disabilities may not be able to operate the standard devices used for navigating the Internet (mouse, keyboard, screen), and may need alternate devices suited to their needs. Persons with visual, reading, cognitive, or other disabilities may encounter barriers with inaccessible digital content (e.g. webpages and documents), and may require more accessible formatting or assistive software. In addition, shops selling electronics are not always accessible for persons with disabilities. Crowdsourced reports on 6,015 electronic shops worldwide, mostly from developed countries, indicated that 43% were not accessible for persons using wheelchairs (UN, 2019).


2- Access to and Usage of Mobile Phones 

Mobiles phones can have a strong impact on the independent living of persons with disabilities. However, similar to Internet ownership, households with persons with disabilities are less likely to own a mobile phone. Among 36 countries, 53% of households with persons with disabilities, compared to 60% of households without persons with disabilities, own a mobile phone. In 11 countries, the gap is larger than 10 percentage points. Gaps tend to be wider in countries with lower coverage. 


Even if a mobile phone exists at home, persons with disabilities may not be able to use it. Individual ownership of mobile phones is likely to be lower for persons with disabilities. For instance, in Uganda, in 2016, persons with disabilities were less likely to own a mobile phone. Women with disabilities were the least likely to own one, only 42% as compared to 46% of women without disabilities, 52% of men with disabilities and 66% of men without disabilities. Likewise, the percentage of women with disabilities who used a mobile phone for financial transactions was only 26%, whereas 34% of women without disabilities and 48% of men without disabilities did so (UN, 2019).


3- Use of TV and Radio 

In four developing countries, the use of radio and TV tends to be lower among persons with disabilities, but the gaps between persons with and without disabilities are narrower than those observed for the Internet. On average, 74% of persons with disabilities and 78% of persons without disabilities listened to the radio; 65% of persons with disabilities and 72% of persons without disabilities watched TV (UN, 2019). 


4- Affordability of ICT 

Persons with disabilities and their households have more difficulties affording ICTs. For instance, in three countries in sub-Saharan Africa, around 2012, on average only 37% of households with persons with disabilities could afford a TV, 61% could afford a radio and 67% a mobile phone. In all three countries and for all ICTs, the ability of households with persons with disabilities to afford ICTs was lower as compared to households without persons with disabilities. In Turkey, in 2007, only 53% of persons with disabilities could afford a computer, and 82% could afford a telephone. In 34 countries in Europe, the percentage of persons who can afford a computer is slightly higher among persons without disabilities (95%) than among persons with disabilities (91%). In these countries, the percentage of persons who can afford a telephone and a TV is about the same among persons with and without disabilities (99%) (UN, 2019).


5-Accessibility of ICTs 

A growing number of mainstream, everyday ICT such as mobile devices and desktop computers increasingly offer functionalities that facilitate communication and information access for persons with disabilities. Features such as text-to-speech and voice recognition, ability to change contrast and colour schemes, touch and gesture input, and screen magnification, which in the past required specialized standalone software and hardware, are embedded within off-the-shelf ICT devices. These features enable persons with disabilities to receive information and content in the format that they can perceive and prefer. For example, a person with visual impairments can use text-to-speech functionality or software to read a website, a person with hearing impairments can use SMS or instant text messaging to communicate, and a person with mobility impairments can use voice recognition to operate and navigate their digital device.


Another key trend in recent years is the inclusion of accessibility features in web pages, which reduce the need for costlier specialized assistive technologies. For instance, some web pages use bigger fonts or particular colour combinations, which are easier for the visually impaired. Similarly, captions in audio or video content on web pages are useful for the hearing impaired. Some websites also include features so that persons with motor impairments can navigate the sites without a pointing device.


However, the large majority of websites lack features which promote accessibility and include features that are inaccessible for persons with disabilities. This includes governmental websites. Among governmental portals of the 193 United Nations Member States, the fonts and colours in the portals can be reconfigured in only 32% of countries (a feature helpful for those with visual disabilities); and website content can be read aloud (a feature helpful for those with severe visual difficulties) in the portals of a mere 7% of countries. Only 4% of governmental websites include video in sign language, which makes information and websites accessible for persons with hearing difficulties. Moreover, persons with disabilities will encounter additional barriers in many national portals: in 35% of countries, national portals included features that can only be used with a mouse, which poses difficulties for persons with hand mobility disabilities; in 48% of countries form elements were not labelled; and in as many as 63% of countries graphical elements were lacking descriptive text, which create difficulties for persons with visual disabilities. Although more recent data on all these features are not available, it is known that there has been progress on the number of governmental websites that allow for changes in font type and size, a feature which is useful for persons with visual disabilities. In 2012, 31% of countries allowed for flexible font size and type; this has since increased to 40% in 2014.


Enhanced accessibility of mobile phones and services has remained a relatively underdeveloped segment of the ICT market, yet the technology supporting accessibility is becoming more developed with a growing number of accessibility applications for smartphones. Some applications, like screen readers, do make the tool accessible; others, like GPS, can increase the accessibility of physical environments for persons with disabilities. Although many features and applications are available free of charge, affordability remains a major issue, especially for smartphones. Screen readers and text-to-speech applications cost several hundred US dollars on some mobile platforms. Another issue limiting usage of accessibility features and applications is language, as they tend not to be available in local languages. For instance, in India, there are 22 official languages yet most applications only exist in Hindi. Other countries where many languages are used, such as several African countries, encounter similar barriers (UN, 2019).


Current Practices in ICT and Disability 

At the country level, laws, policies and programmes have been progressively introduced to enhance access to ICT for persons with disabilities. Most of these initiatives have focused on providing access on an equal basis with others and improving ICT accessibility. Some countries have focused on improving ICT skills through the training of persons with disabilities, sometimes focusing on youth.


On legislation promoting ICT accessibility, for instance, in Latin America and the Caribbean, ICT and persons with disabilities are mentioned under the general disability law in 13 countries and territories, and are a provision of the general telecommunication law in 6 countries. Standards and guidelines have been created for accessible websites, documents, and other digital media. One of the most universally recognized and widely used is the Web Content Accessibility Guidelines (WCAG) 2.0. These guidelines aim to provide a single shared standard for web content accessibility that meets the needs of a wide range of users including those with disabilities. Many national governments have adopted the WCAG into their basic web accessibility standards, and in some cases, the WCAG has even been written into the law. Capacity-building on web accessibility for web designers and programmers is crucial in encouraging the development of accessible websites and was provided in some countries. Disseminating information on accessibility guidelines for ICTs has been another way to raise awareness and promote accessibility.


Other guidelines and standards exist for a variety of technologies. The Guidelines for Accessible Information cover many forms of digital media, including video, audio, text and images. The International Organisation for Standardization (ISO) published accessibility standards for a variety of ICTs, including standards for hardware devices like keyboards and screens, standards for software, and standards for accessible PDF documents. The EPUB3 accessibility guidelines were also developed for eBooks. Many countries have standards for closed captioning in television and digital video broadcasting, such as China, European countries, Japan and the United States. In addition, the Telecommunications Accessibility Guidelines for Older Persons and Persons with Disabilities and the recommendation on Audiobased Network Navigation System for Persons with Vision Impairment have been developed by the International Telecommunication Union’s Telecommunication Standardization Sector (ITU-T). 


Countries are also adopting accessibility requirements in public procurement thus influencing accessibility in government services and promoting overall ICT accessibility through ripple effects in the broader consumer market. Policies have also been established requiring telecommunications service providers, public sector organizations (including government-owned banks), public accommodation, commercial facilities, producers and distributors of digital media to provide accessible services. 


Increasingly, online content has become more accessible to persons with disabilities through online videos with captioning; and national news agencies have developed news services in easy language that is accessible to persons with intellectual disabilities. TV broadcasters have been offering television programmes with described video and closed captioning, as well as audio services for some programmes; and sign language interpretation videos have been made of national radio programming. Countries have also established funds that support the accessibility of broadcasting content. National and international funding mechanisms have been playing a significant role in promoting the development of ICTs for persons with disabilities. For instance, funds have been established to promote open-source accessible digital e-readers (textbooks) for children of primary schools in Kenya and a mobile application to help children with speech impairments to communicate in India. Funds have also been set up to disseminate examples of best practices for accessibility, to raise awareness through mainstreaming of ICT accessibility standards and to support the distribution of specialized equipment to low-income persons with disabilities in order for them to be able to access ICT (UN, 2019).


Conclusions and the Way Forward 

According to UN (2019), digital technologies have been spreading, but not all persons with disabilities have been able to partake of the benefits of using ICTs. Digital gaps remain between persons with and without disabilities. In some countries, the gap between persons with and without disabilities reaches 30 percentage points for Internet use, 10 percentage points in access to the Internet in the household, and 5 percentage points in radio and TV use. This digital gap persists because many technologies are not accessible or affordable for persons with disabilities. More than 60% of national online portals are not accessible for persons with disabilities. Regarding affordability, limited data suggest that in developing countries households with persons with disabilities are half as likely to afford Internet costs, and less likely to be able to afford radio, TV and a mobile phone.


Yet, access to ICTs is recognized as crucial for the independent living and inclusion of persons with disabilities and is thus imperative for achieving all SDGs. The evidence above suggests that access to education is crucial to increase access to ICTs among persons with disabilities. Moreover, there are a number of initiatives, projects and organizations worldwide carrying out innovative practices to enhance access to ICTs for persons with disabilities, the majority of which are based in developed countries. Many developing countries lack basic ICT infrastructure for persons with disabilities. Considering the vast potential of Internet technology to improve the lives of persons with disabilities and to contribute to the realization of various SDGs for persons with disabilities, wider Internet access should be considered a priority. 


Looking forward, the following recommendations offer guidance on how to strengthen the ICT ecosystem to ensure inclusion and accessibility for persons with disabilities: 


(1) Raise awareness and enhance knowledge of ICT accessibility. Improving awareness of the barriers and solutions presented by ICTs for persons with disabilities will be crucial to successfully increase ICT access and use among persons with disabilities. In particular, key stakeholders such as governments and decision makers, educators, statisticians, non-governmental organizations particularly organizations of persons with disabilities, and ICT industries in the public and private sectors must be alerted to the vast potential of, and urgent need for, accessible ICTs to improve quality of life and inclusion among persons with disabilities. Methods to achieve this could include the development of academic programmes and training programmes highlighting ICT accessibility and Universal Design. 


(2) Involve persons with disabilities directly. In order to properly understand the variety of needs and abilities that ICTs can address, as well as necessary accessibility requirements, persons with disabilities must be involved at every stage of ICT development. One of the most effective ways to do this is to work together with organizations of persons with disabilities, particularly those which have expertise in the field of ICT accessibility and connect them with ICT businesses for their input and insights. 


(3) Promote the principles of Universal Design in the mainstream ICT industry and the public sector. Implementing Universal Design principles is more inclusive, affordable and often simpler than developing specialized software or hardware for persons with disabilities. Good ICT examples of Universal Design that have already been developed can be scaled up. The benefits of exercising Universal Design extend not only to persons with disabilities, but also to companies by opening new market opportunities for vendors. 


(4) Adopt national accessibility policies and regulations. ICT accessibility policies and regulations build a foundation for implementing ICT accessibility in different areas and can promote the accessibility of virtual environments. Setting national standards and regulations facilitates the implementation of ICT accessibility because the actors involved in the production of ICTs will know what is expected. 


(5) Create dedicated focal points in relevant ministries/departments dealing with ICT accessibility to coordinate and encourage ICT accessibility in line with CRPD provisions, including through relevant policies and incentives to regulate all actors in the ICT industry and market and in public procurement. A dedicated focal point can also oversee the development of policies and directives and, in collaboration with other national bodies, be responsible for monitoring national progress towards ICT accessibility, organizing public campaigns, and coordinating data collection activities. 


(6) Provide affordable Internet access for persons with disabilities. Introduce programmes, policies or regulations that facilitate free or reduced-rate Internet access for persons with disabilities, particularly those in lower income brackets. This could be in the form of either a monetary social benefit for persons with disabilities, or non-monetary benefits such as free or subsidized mobile devices and Internet subscriptions. Mobile Internet access, in particular, should be prioritized, given that mobile network coverage is globally higher than broadband penetration, and is expected to increase further, especially in developing countries. Alternatively, community resource centres could be established, where persons with disabilities can have facilitated access to the Internet. Affordable Internet access is a crucial element of digital inclusion, as it can provide job opportunities, access to information and education materials, access to services and social participation. 


(7) Provide funding mechanisms to support the development of open-source software: Open-source software offers many advantages. It can be acquired free of cost, and can be adjusted according to different user needs, languages, and cultural contexts. This will be particularly important in areas where financial resources are lower and commercially available software may not be affordable for persons with disabilities. Open-source software is also an ideal way to address directly the needs of users with disabilities, because it gives programmers with disabilities a chance to directly fix inaccessible software themselves. 


(8) Involve all relevant stakeholders and increase funding to support Universal Design and low-cost ICTs for persons with disabilities: Many of the recommendations presented here involve multiple stakeholders. Governments, the private sector, and non-governmental organizations all have potential roles to play. Overall, both involvement and funding in the area of ICT accessibility should be increased. The social responsibility departments of large corporations could also be an important part of this change by dedicating more resources to the issue of digital inclusion for persons with disabilities. Funding should be provided to support Universal Design, open-source software, and low-cost assistive ICTs worldwide, as many developing countries lack the financial resources to use specialized commercial solutions. International cooperation and capacity-building in ICT accessibility should be promoted. 


(9) Develop and publish comparable data on access to and use of ICTs disaggregated by disability as well as on accessibility of ICTs: With the current lack of comparable statistics on access and use of ICT by disability status, as well as on accessibility of ICTs, it will be impossible to know to what extent target 9.c is being met. There is an urgent need for reliable and comparable data and analysis in order to ensure accountability among Member States and other relevant actors. A systematic collection of data, a clear methodology for comparison, regular data evaluation, and a publicly available platform to showcase to interested parties are strongly recommended for a successful analysis of the state of the 2030 Agenda in 

terms of ICT access, use and accessibility.


References

UNESCO (2020). Global report: opening new avenues for empowerment: ICTs to access information and knowledge for persons with disabilities. Retrieved from: http://www.unesco.org/new/en/communication-and-information/resources/publications-and-communication-materials/publicatins/full-list/unesco-globalreport-opening-new-avenues-for-empowerment-icts-to-access-nformation-andknowledge-for-persons-with-disabilities/ on 28 August, 2022.


United Nations (UN) (2019). Disability and Development Report Realizing the Sustainable Development Goals by, for and with persons with disabilities. New York: UN Press.


United Nations (UN) (2018). The 2030 Agenda and the Sustainable Development Goals: An opportunity for Latin America and the Caribbean (LC/G.2681-P/Rev.3). Santiago: UN Press. 


UN (2006). Convention on the Rights of Persons with Disabilities (UNCRPD). Retrieved on March 14, 2022 from https://www.un.org/development/desa/disbilities/convention-on-the-rights-ofpersons-with-disabilities/article-1-purpose.html


WHO & World Bank (2011). World Report on Disability. Retrieved on March 19, 2022 from: http://www.who.int/disabilities/world_report/2011/report/en/ 




Friday, September 2, 2022

Accessibility As Part of Disability Inclusion


ABSTRACT

Accessibility in the context of disability, can be regarded as one of the principles of disability inclusion or simply to perceive it as synonymous to inclusion. Therefore, this article explored the concept of disability, models of disability, concept of accessibility and other key concepts related to accessibility for persons with disabilities (PWDs). The article likewise analyzed the international legal framework on accessibility for PWDs as well as accessibility laws at national level in some countries. Equally, the article analyzed accessibility in specific areas such as physical environment accessibility, communication/information accessibility, transportation accessibility, general health services accessibility, as well as accessibility in education and workplaces. The article ended with conclusion and recommendations on how to enhance accessibility for disability inclusion.


KEYWORDS: Accessibility, Disability, Inclusion, Persons with Disabilities (PWDs).


INTRODUCTION

World Health Organisation (WHO) and World Bank (2011), reported that, around one billion people (15% of the world’s population) have some form of disability; and majority of them live in developing countries. People with disabilities (PWDs) are facing a range of exclusion and barriers to education, employment, healthcare services, political participation, transportation facilities, information/communication barriers as well as building barriers in workplaces, schools, and other private and public buildings. All these barriers are implicated by lack of accessibility.


Accessibility is a precondition for the full realization of the rights and inclusion of persons with disabilities in society. For the purposes of this article, accessibility can be described and understood as the provision of flexible facilities and environments, either virtual or physical, to accommodate each user’s needs and preferences. For persons with disabilities this may be any place, space, item or service that is easily approached, reached, entered, exited from, interacted with, understood or otherwise used (UNDESA, 2015).


Accessibility is at the heart of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which enshrines the rights of persons with disabilities to have full access and fully enjoy and participate in social, economic, cultural, civil and political life, on an equal basis with others. The UNCRPD does not define disability. The range of disabilities is very broad and difficult to categorize. Persons with disabilities include individuals with hearing, visual, cognitive, psycho-social and motor impairments. Indeed, each of these categories includes a much broader range of conditions. Visual impairments, for example, include those with low vision, and blindness. Furthermore, as people get older, many face a disability of some kind. As the population ages, the proportion of people with disabilities grow. Many people over eighty years of age have a disability. Thus, accessibility is related to the type of disability faced by each individual person. Accessibility is not just about opening doors, figuratively speaking, it is about keeping them wide open. Accessibility allows people to do things they would not otherwise be able to do (UNDESA, 2015).


No one can enjoy a human right that they cannot access, and persons with disabilities face many barriers that hinder full and equal access to their enjoyment of human rights and full social inclusion. The categories of barriers that persons with disabilities encounter, which are often exacerbated for those living in rural areas or poor urban settings, include the following:

  1. Institutional barriers, which include legislation, practices, or processes that actively prohibit or fail to facilitate access for persons with disabilities.

  2. Physical barriers, which prevent access for persons with disabilities to physical environments such as buildings, roads,transportation, and various indoor and outdoor facilities such as schools, housing, medical facilities, sporting venues and workplaces.

  3. Informational barriers, which prevent access for persons with disabilities, particularly for those with visual or intellectual impairments, to both the form and content of information that may be provided on websites, brochures, books, television, among many other ways that information is presented in society.

  4. Communication barriers, which make it difficult to participate fully in society. Communication barriers for persons with disabilities can include the failure to provide sign language interpretation for deaf persons, inaccessible technology such as television without captioning, or websites that are inaccessible to screen readers used by blind persons.

  5. Attitudinal barriers, including negative attitudes and lack of understanding about disability issues of people in society, which present some of the most pervasive barriers to equal access for persons with disabilities.

  6. Cultural barriers, which may prevent persons with disabilities from participating fully and having access to community life. Cultural barriers may include myths and stereotypes about disability that are rooted in culture and that generate fear and misunderstanding. In some cases negative beliefs and practices focus particularly on certain types of disability, such as psycho-social disabilities.

In many cases persons with disabilities face a multitude of barriers, which compound challenges to the achievement of rights and inclusion in society. For example, in this holistic view of accessibility, challenges a person may face in relation to employment may include challenges in accessing employment, inaccessible transportation, inaccessible buildings, inaccessible workspace, inaccessible healthcare services, and inaccessible human resource policies, among others (UNDESA, 2015).


THE CONCEPT OF DISABILITY

Defining disability is conceptually complicated as it is ‘complex, dynamic, multi-dimensional and globally perceived differently (WHO & World Bank, 2011). The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006), defines disability as: “… an evolving concept that results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”.


Simply, disability can be defined as the relationship between a person’s impairment and their environment, or in terms of an equation:

Impairment + barrier = Lack of participation (disability)

or better: 

Impairment + accessible environment (barrier removed) = inclusion

According to UN Convention 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”.  By recognizing disability as a result of the interaction between an inaccessible environment and a person, the UNCRPD marks a major shift away from a charity and medical models to social and human right models whereby persons with disabilities are rights-holders and decision makers with largely untapped potential to contribute to society. The UNCRPD moves beyond the question of access to the physical environment to broader issues of equality and the elimination of physical and social barriers to accessibility in health, education, workplace, transportation and communication.


MODELS OF DISABILITY

Just as there are many different definitions of disability, also there are different models of disability. The four main models of disability can be listed as: the charity model; the medical model; the social model and the human rights model.


1- Charity Model

The charity model of disability focuses on the individual, and tends to view people with disabilities as passive victims or objects of pity who need care, and whose impairment is their main identifier. They are seen as recipients and beneficiaries of services. This approach sees people with disabilities as passive, tragic or suffering and requiring care. It assumes that it is the community and society’s responsibility to arrange all services for these vulnerable people (Al Ju’beh, 2015).


2- Medical Model 

The medical model also focuses on the individual and sees disability as a health condition, an impairment located in the individual. It assumes that by addressing the medical ailment this will resolve the problem. In this approach a person with disability is primarily defined as a patient, in terms of their diagnosis requiring medical intervention. Disability is seen as a disease or defect that is at odds with the norm and that needs to be fixed or cured (Rimmerman, 2013). Mitra (2006) opines that medical (or biomedical) model of disability considers “disability a problem of the individual that is directly caused by a disease, an injury, or some other health condition and requires medical care in the form of treatment and rehabilitation”.


3- Social Model 

The social model of disability developed as a reaction to the individualistic approaches of the charitable and medical models (Woodburn, 2013). It sees disability as created by the social environment, which excludes people with impairments from full participation in society as a result of attitudinal, environmental and institutional barriers (Mitra, 2006). 

 

The social model places emphasis on adapting the society to include people with disabilities by changing attitudes, practice and policies to remove barriers to participation, but also acknowledges the role of social and medical professionals (DFID, 2014). Likewise, the model focuses on reforming society, removing barriers to participation, raising awareness and changing attitudes, practice and policies for disability inclusion.


4- Human Rights Model 

The rights based model is based on the social model and shares the same premise that it is society that needs to change. This approach focuses on equity and rights and looks to include all people equally within society: women and men, girls and boys regardless of background or any type of characteristic. It is founded on the principle that human rights for all human beings is an inalienable right and that all rights are applicable and indivisible. It takes the UNCRPD as its main reference point and prioritises ensuring that duty bearers at all levels meet their responsibilities. This approach sees people with disabilities as the central actors in their own lives as decision makers, citizens and rights holders. As with the social model, it seeks to transform unjust systems and practice (Kett & Twigg, 2007).


DISABILITY INCLUSION

A Disability Inclusion mean: (i) being accepted and recognised as an individual beyond the disability; (ii) having positive personal relationships with family, friends and acquaintances; (iii) being involved in the development process of a society; (iv) having appropriate reasonable accommodations for all persons with different abilities (Rimmerman, 2013). A Disability Inclusion seeks to include people with disabilities in all spheres of life for societal development by  recognising their ability, potential, valuing and respecting their contributions and perspectives, honoring their dignity, and effectively responding to their needs for functional contributions. Unlike, 'Disability Segregation', 'Disability Inclusion' promotes an integrated, mainstreaming and inclusive society for the benefit of persons with disabilities and society as a whole (Berman-Bieler, 2008).


THE CONCEPT OF ACCESSIBILITY

According to the Americans Disability Act (ADA) (1990) as amended (2008), Accessibility is when the needs of persons with disabilities are specifically considered, and products, services, system, facilities are built or modified so that they can be used by people of all abilities. Accessibility is the degree to which a product, device, service, environment, or facility is usable by as many people as possible, including by persons with disabilities. Achieving accessibility requires knowledge of accessibility standards, being aware of the needs of people with disabilities, and addressing barriers to access for individuals with disabilities.


In the context of disability, accessibility can be regarded as one of the principles of full inclusion or simply to perceive it as synonymous to inclusion and participation in society. The correlation between lack of access and exclusion is obvious. For example the right to education or accessing employment opportunities becomes null and void in the absence of public transport that is accessible to people with disabilities e.g. retractable ramps and wide doors in buses for wheelchair users. The use of sign language interpreters for television news broadcasts; makes the daily news accessible to people who are deaf or have hearing impairments (United Nations, 2013).


KEY CONCEPTS RELATED TO ACCESSIBILITY FOR PERSONS WITH DISABILITIES

Accessibility is a broad concept which is related to the following concepts:

1- Universal Design: Universal design is defined by the UNCRPD in Article 2, 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”. The goal of universal design is for all things to be accessible to everyone including, but not limited to, persons with diverse disabilities. Universal design is based on the premise that design processes must be inclusive, produce equitable benefits and be appropriate for human functioning, gender, demographic groups and social, economic and cultural settings. 


2- Reasonable Accommodation: Reasonable accommodation which is defined in the UNCRPD as “necessary and appropriate modifications or adjustments, not imposing a disproportionate or undue burden, where needed in a particular case, to ensure persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. The UNCRPD expressly provides for reasonable accommodation in relation to liberty and security of the person (Article 14), education (Article 24) and work and employment (Article 27). While accessibility relates to groups, reasonable accommodation relates to individuals. The term “accommodation” refers to the legal responsibility for providing accessibility to persons with disabilities, for example through the provision of a personal assistant or modifications to a physical work environment. The term “reasonable” means that those responsible for providing such accommodation are not subjected to “disproportionate or undue burden”. For example, in the context of employment it may be considered reasonable for a large corporation to make modifications to its building to ensure accessibility. However, the same changes could, in some cases, be deemed “an undue burden” in the case of a 

small business (although if it is determined that one form of reasonable accommodation poses an undue burden, other forms should still be considered). Provision of reasonable accommodation is a critical component of non-discrimination under the UNCRPD. 


3- Usability: Usability is defined as the ease of use of human-made objects. It is the extent to which a product can be used by specified users to achieve specific goals with effectiveness, efficiency and satisfaction in a specified context. Usability attempts to address limitations or variations in human performance resulting from disability. Examples include being operable without vision for people who are blind; operable with low vision for persons with visual impairment; operable with no hearing for persons who are deaf; operable with limited hearing for persons who are hard of hearing; operable with limited manual dexterity for persons with some physical disabilities; and operable with limited cognition for persons with cognitive disability. 


4- Availability: Availability refers to whether the products, equipment, facilities or services that are meant to be accessible are actually available. This distinction between, on the one hand, accessibility in a more technical design sense, and on the other hand availability as more a question of the distribution of economic and other resources, is made in several places in the Convention. Such issues may arise, for example, in relation to the availability of assistive technology or in relation to universally designed and usable products that are mainstream and commonly used by large sections of the population, such as personal computers and mobile phones. The availability of assistive technology will depend on factors such as whether people with disabilities can afford them, whether a responsive market exists and whether an efficient distribution system exists. 


5- Assistive Technology: Assistive technology can be defined as a product – either high or low tech - that helps people engage in activities or tasks that would otherwise not be possible. In the context of disability, some examples include hearing and listening devices, reading glasses, wheelchair or other mobility devices; and traffic lights accompanied by sound.


INTERNATIONAL LEGAL FRAMEWORK ON ACCESSIBILITY FOR PERSONS WITH DISABILITIES

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) (2006) is the first international human rights treaty to set out the concept of accessibility in the context of disability. The UNCRPD recognizes accessibility as an inherent right of persons with disabilities and also applies accessibility to the achievement of all rights for persons with disabilities, detailing “the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms”.


Accessibility is therefore a general principle of the UNCRPD (Article 3) and also a standalone article (Article 9). Article 9 addresses the responsibility of State parties to ensure accessibility for persons with disabilities so they can “live independently and participate fully in all aspects of life,” directing State parties to “take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies (ICT) and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas”. It further specifies that such measures are to include the identification and elimination of obstacles and barriers to accessibility, including in relation to:

  1. Buildings, roads, transportation ,

  2. Other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces,

  3. Information and communications,

  4. Emergency services,

  5. Other facilities and services open or provided to the public in both urban and rural areas, ensuring that accessibility is not only addressed in cities but also for persons with disabilities living in rural communities.


Likewise, the UNCRPD recommend that, “countries should 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- Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;


5- 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  disabilities to ensure their access to information;


7- To promote access for persons with disabilities to new information and communications technologies (ICT) and systems, including the Internet/website;


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


Furthermore, the scope of Article 9 is not limited to State actors, such as local and national governments or government agencies. Article 9 also implicates private actors, requiring States 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”.


More importantly, although the UNCRPD is not directly legally binding on private actors, it obliges States to require that private entities that are open to the general public comply with Article 9. Private entities open to the public include, for example, restaurants, shops, banks, supermarkets, private universities, professional associations, sports stadiums and other private entities offering facilities and services to the public (UNCRPD, 2006).


Article 9 is placed in the articles of general application in the UNCRPD and is intended to inform and assist in the interpretation of all the human rights elaborated in the UNCRPD. For example, if someone is seeking to implement Article 24, Education, an important starting place would be Article 9 when considering how to improve the accessibility of, for example, classrooms or educational materials. This approach also explains why accessibility concepts are often not addressed in great detail or sometimes not at all in specific articles of the UNCRPD such as Article 26 regarding habilitation and rehabilitation: the drafters of the UNCRPD intended Article 9 to be the common reference point for all issues of accessibility (United Nations, 2013).


ACCESSIBILITY LAWS FOR PERSONS WITH DISABILITIES AT NATIONAL LEVEL

The general obligations set forth in Article 4 of UNCRPD (2006) make clear need to ground the obligations  of UNCRPD in national law. The elements needed to establish a strong legislative base for accessibility include accessibility duties, accessibility policies, plans, strategies and mechanisms for remedies and accountability, monitoring, indicators and benchmarks to make real accessibility duties. Crucially, the Article 4 of UNCRPD requires State Parties to consult with and involve persons with disabilities in developing and implementing legislation and policies and in decision-making processes, including in formulation of accessibility standards in the context of UNCRPD rights. 


Disability Legislation

In many countries there is a great need for the adoption or amendment of national and sector-specific accessibility standards to give full effect to the requirements of the UNCRPD. State Parties should, as a first step, in close consultation with persons with disabilities and their representative organizations, review the extent to which existing laws and codes are in compliance with the UNCRPD. Accessibility standards should be included in legislation that pertains to all aspects of accessibility including the physical environment (including construction and planning), transportation (including buses, boats, airliners), information and communications (including telecommunications and audio/video), and should take into consideration accessibility of services. Standards should provide for accessibility for all, taking account of the diversity of disability. Application of accessibility standards should be mandatory.


Accessibility standards should also be included in anti-discrimination and equality laws. Such laws should aim at eliminating barriers to access that constitute both direct and indirect discrimination, attribute obligations to public and private actors and introduce a variety of measures to bring about equitable access to all rights (UNDESA, 2015).


National legislation should provide access to remedies for non-compliance with the rights of persons with disabilities to accessibility, including in the context of reasonable accommodation. Institutions addressing allegations of disability discrimination customarily include courts and tribunals, administrative authorities, national human rights institutions and ombudsmen, which should be accessible to all persons with disabilities without discrimination and consistent with principles of accessibility. These institutions should adjudicate or investigate complaints promptly, impartially, and independently and address alleged violations relating to all Articles of UNCRPD and particularly Article 9, including actions or omissions by private actors. These institutions should also be empowered to provide effective remedies such as compensation, reparation, restitution, rehabilitation, guarantees of non-repetition, and public apologies. State Parties should ensure that these measures are effectively implemented (UNDESA, 2015).


Examples of Legislation on Accessibility in Some Countries

1- Malaysia: In 2008 Malaysia enacted a national disability law that provides detailed provisions on accessibility with the following key components on accessibility:

  1. The Preamble to the Act recognizes “the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully and effectively participate in society”,

  2. The Act includes a Chapter on accessibility that provides in Article 26: “Persons with disabilities shall have the right to access to and use of, public facilities, amenities, services and buildings open or provided to the public on equal basis with persons without disabilities, but subject to the existence or emergence of such situations that may endanger the safety of persons with disabilities”.

  3. The Act specifies obligations in relation to access in the following realms:

    1. access to public transport facilities,

    2. access to education,

    3. access to employment,

    4. access to information, communication and technology,

    5. access to cultural life,

    6. access to recreation, leisure and sport.

  4. The Act covers access to health for persons with disabilities,

  5. The Act covers access to assistance in situations of risk and humanitarian emergencies.


2- Nigeria: In 2018 Nigeria passed Disability Bill into law and titles ‘Disacrimination Against Persons with Disabilities (Prohibition) Act 2018. It contains the following components on accessibility:


PART II: Accessibility of Physical Structure

1. Right of access to public premises: A person with disability has the right to access the physical environment and building on an equal basis with others.


2. Accessibility aids in public building: A public building shall be constructed with the necessary accessibility aids such as lifts (where necessary), ramps and any other facility that shall make them accessible to and usable by persons with disabilities.


3. Building Plan:

(i) Before erecting any public structure, its plan shall be scrutinized by the relevant authority to ensure that plan confirms with the building code.

(ii) A government or government agency, body or individual responsible for the approval of building plans shall not approve the plan of a public building if the plan does not make provision for accessibility facilities in line with the building code.


PART III: Road Transportation

1. Accessibility of Vehicles: 

(i) Government transport services providers shall make provisions for lifts, ramps and other accessibility aids to enhance the accessibility of their vehicles, parks and bus stops to persons with disabilities including those on wheelchairs.

(ii) Every public vehicle shall have functional audible and visual display of their destination within five years from the commencement of the Act. 


PART IV: Seaports, Railways and Airports Facilities

1. Seaports and Railways:

(i) Seaports facilities and vehicles shall be made accessible to persons with disabilities.

(ii) Railway stations, trains and facilities in the trains shall be made accessible to persons with disabilities.

2. Assistive Service and Airlines: All airlines operating in Nigeria shall ensure the accessibility of their aircraft to persons with disabilities.

3. Any general information shall be translated into the accessible format appropriate to the persons with disabilities.


3- United States of America: USA adopted Americans with Disabilities Act (ADA) (1990) as amended in 2008. The Act contains the following:


Title 1 of the ADA defines “reasonable accommodation” as follows in relation to employment:

(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and 

(b) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. 


Title 3 of the ADA defines “reasonable modification” as follows in relation to the obligation to ensure that persons are not discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodation of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation:

… a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations.


ACCESSIBILITY IN SPECIFIC AREAS

Identifying barriers and generating practical approaches to dismantling them is the core requirement of accessibility and is fundamental to each and every aspect of the rights and inclusion of persons with disabilities. To “promote equal provision of services especially in the areas of health, education, employment, information/communication facilities, transportation system and access to justice for all persons with disabilities”, physical environment planning should be inclusive.


1- Physical Environment: Numerous barriers limit accessibility for persons with disabilities to services in urban areas, including accessibility to roads, buildings and public parks. Disabled People Organisations (DPOs) in some countries are engaging pro-actively in urban planning efforts to ensure that such efforts are inclusive of persons with disabilities and fully reflect their needs. Efforts include addressing physical access barriers in road construction (addressing curb cuts, for example); signage to indicate access; providing sign language interpretation in urban planning meetings to allow for the participation of deaf persons; and engaging with organizations representing blind persons to address safety concerns related to urban planning (UNDESA, 2015).


2- Communication: Article 9 of the UNCRPD provides for equal access to information and communication technologies and the obligation to identify and eliminate barriers. As online communities have become an important means of social interaction and community participation, ensuring their universal accessibility is essential for social inclusion. Although accessibility standards have been developed to make information-oriented websites more inclusive for users with disabilities and similar efforts have not been devoted to accessibility standards tailored specifically for online communities that are primarily communications-oriented, such as social media. Accessible communications require that persons with disabilities be asked about their preferred communication methods (UNCRPD, 2006).


3- Information: Access to information creates opportunities for everyone in society. Access to information refers all information. In all societies, people use information in many forms to make decisions about their daily lives. Depending on the society, this can range from actions such as being able to read price tags, to physically enter a hall to participate in a gathering, to read a pamphlet with healthcare information, to understand a bus schedule or a note from a schoolteacher, or to view webpages. No longer should societal barriers of prejudice, infrastructure, and inaccessible formats stand in the way of obtaining and utilizing information in daily life. In most countries, there are no laws on providing information in accessible formats (e.g. Braille, audio formats, sign language), or to make websites accessible. Even where there is legislation, the actual provision of such services is lacking. Governments are asked by the Convention to introduce adequate legislation and means to ensure that persons with disabilities are able to access information that impinge on their daily lives. This includes providing information on emergency services (UNDESA, 2015).


4- Transportation: Transportation is a vital component for independent living, and like others in society persons with disabilities rely on transportation facilities to move from point A to point B. The term transportation covers a number of areas including air travel, buses, taxis, and trains. In many instances, these are inaccessible to persons with disabilities because either they cannot use them in the first instance (e.g. inaccessible buses, train stations), be more clear, use an actual example; relate to other rights: access to transportation provides access to other rights and vise versa (UNDESA, 2015).


There is a need to review best practice in land, sea, and air traveling. There has been significant progress in many of these areas in  decades. This progress includes improved accessibility to some buses operating local services in major towns and cities, specific accessibility improvements in other modes of transport, disability training within the transport sector, improved consultation with people with disabilities, improvements to certain bus and rail stations, parking regulations, and assistance on school buses for children with disabilities. However, there is still scope for significant improvements in land, sea, and air travel. Some countries have proposed that all new and upgraded rail and bus stations, all light rail vehicles and suburban railcars and all new buses should be accessible to people with mobility and sensory impairments (UNDESA, 2015).


5- General Health Services: Understanding the needs of persons with disabilities goes a long way towards improving access to services. Access to health services is wide-ranging and relates to access to buildings, communication with healthcare staff, how consent is obtained, how medication is explained and how appointments are managed for all persons with disabilities. All health service staff and care workers have a role in ensuring that health services are as accessible as possible for anyone with a disability. Very often prejudice and lack of knowledge of the causes of disability can create serious barriers to health care for persons with disabilities, particularly in rural or remote areas. Accessibility thus often requires, as a precondition of access, awareness-raising at community level among families, health care providers and persons with disabilities themselves. Examples of good practice include the following:

  1. DPOs in Sierra Leone are working to break down the prejudice associated with epilepsy through education and awareness-raising campaigns as well as by ensuring access to inexpensive and often highly-effective anti-seizure medications that are inaccessible to many persons living in poverty.

  2. National disability and HIV organizations in Tanzania and Mozambique worked in collaboration with Rehabilitation International to develop accessible educational materials as a component of HIV/AIDS education and outreach (UNDESA, 2015).


6- Education: Accessibility to education for persons with disabilities is necessary. Thus, persons with disabilities can access an inclusive, quality and free education on an equal basis with others in the communities in which they live. To achieve equal access to education, reasonable accommodation of the individual's requirements is provided through the provisions of learning materials and facilities, physical learning environment modifications, and use of differenciated teaching strategies by well trained and qualified teachers. Article 24 of the UNCRPD explains that countries should recognize the right of persons with disabilities to access education without discrimination and on the basis of equal opportunity (UNDESA, 2015).


7- Workplaces: Ensuring that reasonable accommodation is provided to persons with disabilities in the workplace. Accessibility in workplaces promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment. Also, accessibility ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others (UNDESA, 2015).


8- Court and Judicial Services and Other Public Offices: Accessibility to court and judicial services and other public offices is essential to ensure that persons with disabilities enjoy equal access to justice and public services. This dimension of accessibility raises multi-dimensional barriers, from physical access to courthouses to ensuring that people with various disabilities are accommodated through the availability of materials in alternative formats, making court websites accessible for persons who use assistive technology, and installing listening systems in courtrooms. Equal access must include all roles in the judicial process, from parties and witnesses to judges, jurors, prosecutors and attorneys. Courthouses structures in some countries present numerous barriers to persons with mobility impairments such as stairs, narrow doorways, and inaccessible restrooms. Equally, problematic are new structures financed by international development aid that take no account of accessibility at the design phase and thus introduce barriers and create future redevelopment costs for beneficiary countries. Good practices include the following:

  1. A case before the South African Equality Court was brought by a wheelchair-using trial lawyer because she could not access courthouse buildings. In a ruling in favour of the lawyer, the Court found that the failure to provide proper access was a form of unfair discrimination and committed itself to rendering court buildings accessible.

  2. The Zambian Federation of Disabled Persons designed and implemented an access-to-justice project funded by Irish Aid to address systemic barriers that persons with disabilities faced in seeking justice in the Zambian court system (UNDESA, 2015).


9- Public facilities and services: The UNCRPD asks States to develop guidelines to make public facilities and services accessible. Government should set example on ensuring the full participation in society. Governments need to think, for example, if a person with disability goes to a public health clinic, what services need to be provided in order to ensure that they receive the same level of treatment as others? This same accessibility analysis or audit needs to be considered for all public services. This may include the provision of ramps into buildings, signage in Braille, and sign language interpreters or closed captioning on public television. This should be conducted with involvement of persons with disabilities throughout the entire process (UNDESA, 2015).


CONCLUSION

Building accessibility and the principle of universal design (the concept of designing all products and the constructed environment in such a way as to be aesthetic and usable to the greatest extent possible by everyone, regardless of their age, ability, or status in life) into the development agenda at all levels, international, national and local, would ensure that every environment, space, product or service, whether physical or virtual, could be easily approached, entered into, exited from, interacted with, understood or otherwise used by persons of varying capabilities. At the same time it would ensure that persons with disabilities were fully integrated into all aspects of social, economic, political and cultural life on the same terms as other citizens through the provision of flexibility in the way people are able to interact with their physical and virtual environments.


RECOMMENDATIONS

(1) State Parties should ensure that strategies, policies, and plans of action to address barriers to accessibility are in place and implemented. These should address all groups of persons with disabilities and should include not only reasonable accommodation but also positive measures, including those in Article 9 of the UNCRPD, to accelerate the achievement of equality. Public and private institutions should develop plans of action to address accessibility. Teaching on the principles of accessibility, along with other Article 3 principles of UNCRPD, should be integrated in formal and non-formal inclusive and multicultural education.


(2) State Parties must adopt an active approach to achieving full accessibility to physical environments, transportation and information and communications, among other things, the absence of which inhibits the rights and inclusion of persons with disabilities in society. Facilitating accessibility for persons with disabilities requires a comprehensive approach with a range of laws, policies and programmes, including positive measures enumerated in Article 9 of the UNCRPD. The achievement of an accessible society will in some cases require devoting greater resources to some access issues. Particular attention will need to be given to ensuring that laws and policies are implemented and enforced by officials and others in practice.


(3) State Parties are obliged to monitor effectively the implementation of measures to comply with Article 9 of the UNCRPD. Monitoring should assess both the steps taken and the results achieved in the elimination of barriers to effective access. To enable monitoring and evaluation, national strategies, policies and plans should use appropriate indicators and benchmarks in operationalising the accessibility obligations in the UNCRPD. State parties should also ensure that persons with disabilities are involved and participate fully in monitoring and evaluation of accessibility measures.


REFERENCES

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