Application of Accessibility Indicators to the Selected Arab Countries

ACCESSIBILITY INDICATOR 1:

The legal framework states that accessibility is a right for persons with disabilities 

Lebanon

Relevant legal clauses: The Disability Law recognizes the right of persons with disabilities to an accessible environment, which is defined as the possibility for every person with disabilities to access a space than can be accessed by a person without disability (Article 33).

Conformity with the CRPD: According to Accessibility Indicator 1, the legal framework of Lebanon is in partial conformity with the CRPD as it recognizes the right of persons with disabilities to an accessible physical environment; however, it does not explicitly recognize barriers to the access to information and communications.

Conformity value: 1

The Sudan

Relevant legal clauses: The Disability Law requires the State to take appropriate measures to facilitate the access of persons with disabilities to buildings, roads, means of transportation and other facilities (Article 4-2-p). 

Conformity with the CRPD: According to Accessibility Indicator 1, the legal framework of the Sudan is in partial conformity with the CRPD as it establishes an obligation on the State to ensure accessibility for persons with disabilities to the physical environment without explicitly recognizing barriers to the access to information and communications. 

Conformity value: 1

Tunisia

Relevant legal clauses: The Disability Law requires the State, local authorities, public and private facilities and institutions to endeavour to make accessible the environment, means of communication and information, and to facilitate the movement of persons with disabilities and their access to services (Article 10). It is also worth noting that Tunisia also adopted in 2007 a national strategy on access for persons with disabilities, which covers private buildings, public premises and facilities, public transport, information and communications technology.[1]

Conformity with the CRPD: According to Accessibility Indicator 1, the legal framework of Tunisia is in conformity with the CRPD as it establishes an obligation on the State to ensure accessibility for persons with disabilities; this obligation extends to the physical environment, transportation, information and communications and services. 

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law recognizes the right of persons with disabilities to an accessible environment, which is defined as the possibility for every person with disabilities to access spaces than can be accessed by a person without disability (Article 22).

Conformity with the CRPD: According to Accessibility Indicator 1, the legal framework of the United Arab Emirates is in partial conformity with the CRPD as it recognizes the right of persons with disabilities to an accessible physical environment without explicitly recognizing barriers to the access to information and communications.

Conformity value: 1

ACCESSIBILITY INDICATOR 2:

The legal framework establishes minimum standards and guidelines for accessibility

Lebanon

Relevant legal clauses: the Disability Law states that the authorities should develop external and internal architectural and technical standards referred to as the “minimum standards for buildings and facilities”; these standards are applicable to buildings, facilities and services, whether public or private, and whether they are marked for public or private use; they should be integrated into construction laws and be required in construction, rehabilitation and renovation works (Article 34-a).  The Disability Law also states that additional standards should also be developed to cover the special needs of some persons with disabilities, which are not required to be included in the “minimum standards” (Article 34-b). The minimum standards were adopted by Decree 7194/2011.  These standards are limited to the physical environment. 

Conformity with the CRPD: According to Accessibility Indicator 2, the legal framework of Lebanon is in partial conformity with the CRPD as it established minimum standards and guidelines for accessibility that are limited to the physical environment without taking into consideration barriers to transportation, services or information and communications.

Conformity value: 1

The Sudan

Relevant legal clauses: There appears to be no relevant legal clauses in the readily available laws. It is however worth noting that the 2013 national action plan on disability includes the adoption of regulations for accessibility (Objective 61).

Conformity with the CRPD: According to Accessibility Indicator 2, the legal framework of the Sudan does not establish minimum standards and guidelines for accessibility.

Conformity value: 0

Tunisia

Relevant legal clauses: the Disability Law provides that technical standards for accessibility that facilitate the movement of persons with disabilities should be taken into consideration in the construction and rehabilitation of public buildings, spaces and collective equipment of residential complexes and private buildings open to the public (Article 12). Decree 1467/2006 sets the standards which apply to public roads, institutions and spaces that are open to the public and collective residential complexes; they also apply to public facilities and private facilities and services that are open to the public (Article 26). Decree 1477/2006 establishes standards for the adjustment and adaptation of means of communication and information and the facilitation of the movement of persons with disabilities, which also covers accessibility in transportation.

Conformity with the CRPD: According to Accessibility Indicator 2, the legal framework of Tunisia is in conformity with the CRPD as it established minimum standards and guidelines for accessibility that cover the physical environment, transportation, facilities open to the public and information and communications.

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law states that a Decree should set the architectural standards for public buildings and facilities in order to make them accessible for the use and safety of persons with disabilities; these standards should apply to the public and private sector unless otherwise specified (Article 23). However, no such decree was found to be readily available during the data collection process. According to the government’s initial report to the UN Committee on the Rights of Persons with Disabilities, the Ministry of Public Works developed standards and criteria for public buildings to ensure their accessibility for persons with disabilities in 2011. In addition, the Emirate of Dubai issued a guide for architects in 2008 setting the construction criteria to accommodate the needs of persons with disabilities, as well as another guide for the design of buildings, facilities and infra-structure for persons with disabilities in 2011.[2]

Conformity with the CRPD: According to Accessibility Indicator 2, the legal framework of the United Arab Emirates does not appear to have established minimum standards and guidelines for accessibility, although it appears to be committed to doing so. As Accessibility Indicator 2 is measuring the presence or absence of these standards and guidelines, it will be assigned a conformity value of 0.

Conformity value: 0

ACCESSIBILITY INDICATOR 3:

The legal framework states that barriers to accessibility in buildings should be eliminated

Lebanon

Relevant legal clauses: the Disability Law provides for the elimination of barriers in the physical environment according to the established minimum standards (Article 33). The Disability Law imposes an obligation to prevent the creation of barriers in newly constructed buildings and facilities and to remove barriers in existing building and facilities. Decree 7194/2011 establishing the minimum standards specifies that it applies to buildings and facilities, whether public or private, that are marked for public use and to private buildings that are marked for residential use. This includes, inter alia, public administration buildings, facilities and services, offices, places of worship, health, educational, leisure, touristic and sports establishments, certain commercial establishments, banks, ports, airports, and residential buildings (Article 4). In addition, the 2004 Constructions Law imposes the conformity of all building constructions with the Disability Law and its implementing decrees (Article 13). 

Conformity with the CRPD: According to Accessibility Indicator 3, the legal framework of Lebanon is in conformity with the CRPD as it states that barriers to accessibility in buildings should be eliminated, whether in the public or private sector.

Conformity value: 2

The Sudan

Relevant legal clauses: the Disability Law requires the State to take appropriate measures to facilitate the access of persons with disabilities to buildings, roads and other facilities (Article 4-2-p), to provide accommodation to the architectural design of buildings that ensure the easy access and mobility of persons with disabilities (Article 4-2-q). It is worth noting that the 2013 national action plan on disability includes among its objectives to identify public buildings and buildings open to the public that are not accessible, assess the costs required to make them accessible and implement these modifications (Objective 62). 

Conformity with the CRPD: According to Accessibility Indicator 3, the legal framework of the Sudan is in conformity with the CRPD as it states that barriers to accessibility in buildings should be eliminated. As the law does not distinguish between the public and private sector, it is reasonable to assume that the obligation applies on both sectors.

Conformity value: 2

Tunisia

Relevant legal clauses: Decree 511/1991 regulating the construction of public buildings states that any proposal for a public building must take into account technical specifications to facilitate the access of persons with disabilities (Article 7 bis). Decree 1467/2006 ensures that the movement of persons with disabilities is facilitated in public roads, institutions and spaces open to the public and collective residential complexes (Article 1). Any building, institution or establishment where it is possible for persons with disabilities or limited mobility to enter under regular conditions, move around in and make use of all the facilities therein is considered accessible (Article 3). Building and facilities open to the public include those that provide services for the public or that are marked to receive the public (Article 26), workplaces (Article 33), touristic institutions (Article 34), and sports, cultural and educational institutions (Article 35). Decree 1467/2006 also imposes an obligation to prevent the creation of barriers in newly constructed buildings and facilities and to remove barriers from existing building and facilities, and states that the accessibility standards apply to new construction works and to renovation works (Article 8, 13, 22 and 27). 

Conformity with the CRPD: According to Accessibility Indicator 3, the legal framework of Tunisia is in conformity with the CRPD as it states that barriers to accessibility in buildings should be eliminated whether in the public or private sector.

Conformity value: 2

United Arab Emirates

Relevant legal clauses: The Disability Law specifies that public buildings and facilities, whether in the public or private sector, should comply with the architectural standards established by a decree (Article 23). According to the government’s report to the UN Committee on the Rights of Persons with Disabilities, a Decision by the Ministry of Social Affairs puts private non-governmental centers for the care and rehabilitation of persons with disabilities under the obligation to comply with architectural standards to ensure an accessible environment.[3] The Ministry of Social Affairs and the Tourism Authority of the Emirate of Abu Dhabi also places a similar obligation on hotels, touristic places and public parks.[4]

Conformity with the CRPD: According to Accessibility Indicator 3, the legal framework of the United Arab Emirates is in conformity with the CRPD as it states that barriers to accessibility in buildings should be eliminated whether in the public or private sector.

Conformity value: 2

ACCESSIBILITY INDICATOR 4:

The legal framework states that barriers to accessibility in roads should be eliminated

Lebanon

Relevant legal clauses: The Disability Law states that roads, sidewalks, public parks and traffic signals should be in conformity with the minimum standards (Article 36-a), but Decree 7194/2011 setting the minimum standards did not provide specific criteria to ensure their accessibility.

Conformity with the CRPD: According to Accessibility Indicator 4, the legal framework of Lebanon is in conformity with the CRPD as it states that barriers to accessibility in roads should be eliminated.

Conformity value: 2

The Sudan

Relevant legal clauses: the Disability Law requires the State to take appropriate measures to facilitate the access of persons with disabilities to buildings, roads and other facilities (Article 4-2-p). 

Conformity with the CRPD: According to Accessibility Indicator 4, the legal framework of the Sudan is in conformity with the CRPD as it states that barriers to accessibility in roads should be eliminated. 

Conformity value: 2

Tunisia

Relevant legal clauses: Decree 1467/2006 ensures that the movement of persons with disabilities is facilitated in public roads, institutions and spaces open to the public and collective residential complexes (Article 1). The Decree covers the accessibility of signs, roads, passages, lifts, stairs, newly created residential building complexes, and institutions and facilities open to the public. The standards related to public roads cover pathways, sidewalks, passages, parking spaces, traffic signals, etc. (Article 9). 

Conformity with the CRPD: According to Accessibility Indicator 4, the legal framework of Tunisia is in conformity with the CRPD as it states that barriers to accessibility in roads should be eliminated.

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law states that roads should incorporate the necessary technical standards for the use and needs of persons with disabilities (Article 25). 

Conformity with the CRPD: According to Accessibility Indicator 4, the legal framework of the United Arab Emirates is in conformity with the CRPD as it states that barriers to accessibility in roads should be eliminated.

Conformity value: 2

ACCESSIBILITY INDICATOR 5:

The legal framework states that barriers to accessibility in means of transportation should be eliminated

Lebanon

Relevant legal clauses: the Disability Law provides for the elimination of barriers to accessibility in public means of transportation, including buses, boats and airplanes. It requires the provision of accessible buses and other means of transportation that are equipped for the use of persons with disabilities to a minimum of 15 per cent of the total number of available means of transportation provided by the Ministry of Transport (Article 44). It also requires the accommodation of means of transportation that are not equipped for the use of persons with disabilities by reserving priority seats for persons with disabilities and their companions (Article 45-a). 

Conformity with the CRPD: According to Accessibility Indicator 5, the legal framework of Lebanon is in partial conformity with the CRPD as it states that barriers to accessibility in public means of transportation should be eliminated without extending the obligation to the private sector.

Conformity value: 1

The Sudan

Relevant legal clauses: the Disability Law requires the State to take appropriate measures to facilitate the access of persons with disabilities to means of transportation (Article 4-2-p). It is worth noting that the 2013 national action plan aims to making part of public transport accessible for persons with disabilities (Objective 63). 

Conformity with the CRPD: According to Accessibility Indicator 5, the legal framework of Sudan is in conformity with the CRPD as it states that barriers to accessibility in means of transportation should be eliminated. As the law does not distinguish between the public and private sector, it is reasonable to assume that the obligation applies on both sectors.

Conformity value: 2

Tunisia

Relevant legal clauses: The Disability Law requires the State, local authorities, public and private institutions to endeavour to make collective means of transportation accessible and adapted for the use of persons with disabilities to facilitate their movement (Article 10). Decree 1477/2006 which regulates the facilitation of the movement of persons with disabilities, requires the provision of collective means of transportation that may be used by persons with disabilities (Article 1). Collective means of transportation, whether private or public, with more than 22 seats, should be accommodated to allow their use by persons with reduced mobility within a period of seven years (Article 4 and 7). Trains should include at least one wagon with toilets adapted to the needs of persons with disabilities (Article 4). Priority access and seats should be provided to persons with disabilities on public and private collective means of transportation (Article 6). 

Conformity with the CRPD: According to Accessibility Indicator 5, the legal framework of Tunisia is in conformity with the CRPD as it states that barriers to accessibility in means of transportation should be eliminated, whether in the public or private sector.

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law states that public vehicles and means of transportation by land, air and water should incorporate the necessary technical standards for the use and needs of persons with disabilities (Article 25). According to the government’s initial report to the UN Committee on the Rights of Persons with Disabilities, the Transport Authority in the Emirate of Abu Dhabi developed specific accessibility standards for public transportation including buses and parking spaces.[5]

Conformity with the CRPD: According to Accessibility Indicator 5, the legal framework of the United Arab Emirates is in partial conformity with the CRPD as it states that barriers to accessibility in public means of transportation should be eliminated, without extending the obligation to the private sector.

Conformity value: 1

ACCESSIBILITY INDICATOR 6:

The legal framework states that facilities and services open to the public should provide forms of live assistance to persons with disabilities

Lebanon

Relevant legal clauses: there appears to be no relevant legal clauses in the readily available laws.

Conformity with the CRPD: According to Accessibility Indicator 6, the legal framework of Lebanon does not state that facilities and services open to the public should provide forms of live assistance to persons with disabilities.

Conformity value: 0

The Sudan

Relevant legal clauses: there appears to be no relevant legal clauses in the readily available laws.

Conformity with the CRPD: According to Accessibility Indicator 6, the legal framework of the Sudan does not state that that facilities and services open to the public should provide forms of live assistance to persons with disabilities.

Conformity value: 0

Tunisia

Relevant legal clauses: the Disability Law states that persons with disabilities may be granted priority reception in administration, facilities and private or public institutions depending on the nature and the degree of the disability in order to facilitate their movement and daily affairs (Article 11). 

Conformity with the CRPD: According to Accessibility Indicator 6, the legal framework of Tunisia does not state that facilities and services open to the public should provide forms of live assistance to persons with disabilities. It is noted nonetheless that guaranteeing priority reception to persons with disabilities in facilities in administration and facilities will effectively facilitate their use by persons with disabilities but it does not strictly comply with the obligation to provide forms of live assistance, such as guides, readers and professional sign language interpreters.

Conformity value: 0

United Arab Emirates

Relevant legal clauses: there appears to be no relevant legal clauses in the readily available laws.

Conformity with the CRPD: According to Accessibility Indicator 6, the legal framework of the United Arab Emirates does not state that facilities and services open to the public should provide forms of live assistance to persons with disabilities.

Conformity value: 0

ACCESSIBILITY INDICATOR 7:

The legal framework states that barriers to accessibility to information and communications should be eliminated

Lebanon

Relevant legal clauses: there appears to be no relevant legal clauses in the readily available laws.

Conformity with the CRPD: According to Accessibility Indicator 7, the legal framework of Lebanon does not state that barriers to accessibility to information and communications should be eliminated.

Conformity value: 0

The Sudan

Relevant legal clauses: the Disability Law states that sign language should be used in all programs and activities specialized for persons with disabilities (Article 4-2-m).

Conformity with the CRPD: According to Accessibility Indicator 7, the legal framework of the Sudan does not state that barriers to accessibility to information and communications should be eliminated. The above-mentioned legal clauses are not sufficient to meet the CRPD requirements.

Conformity value: 0

Tunisia

Relevant legal clauses: Decree 1477/2006 regulates the adjustment and adaptation of means of communication and information. It provides for making audio, visual and written means of information and communication accessible to persons with disabilities in order to enable them to receive and access information (Article 1). Public and private media institutions are required to accommodate the special needs of persons with disabilities through the use of sign language and closed captioning to ensure their access to their audio-visual programs, and in particular news bulletins (Article 2). 

Conformity with the CRPD: According to Accessibility Indicator 7, the legal framework of Tunisia is in conformity with the CRPD as it requires the removal of barriers to accessibility to information and communications, both in the private and public sector. 

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law states that the State guarantees the freedom of opinion and expression of persons with disabilities through the use of Braille, sign language and other means of communications and recognizes the right of persons with disabilities to request, receive and transmit information on equal basis with others (Article 7). The Disability Law also provides for the provision of literary and cultural material in all accessible format, including electronic texts, sign language and Braille and in all auditory and complex formats and other means (Article 20). 

Conformity with the CRPD: According to Accessibility Indicator 7, the legal framework of the United Arab Emirates is in conformity with the CRPD as it recognizes the right of persons with disabilities to access information and communications without barriers, without distinguishing between the public and private sector.

Conformity value: 2

ACCESSIBILITY INDICATOR 8:

The legal framework states that sign language has legal status equivalent to national language

Lebanon

Relevant legal clauses: the Disability Law states that a specialized committee for the education of persons with disabilities is tasked with the unification of the sign language (Article 64-b-4).

Conformity with the CRPD: According to Accessibility Indicator 8, the legal framework of Lebanon does not recognize sign language as having the status of a national language.

Conformity value: 0

The Sudan

Relevant legal clauses: there appears to be no relevant legal clauses in the readily available laws.

Conformity with the CRPD: According to Accessibility Indicator 8, the legal framework of the Sudan does not state that sign language has a legal status equivalent to national language.

Conformity value: 0

Tunisia

Relevant legal clauses: there appears to be no relevant legal clauses in the readily available laws. It is worth noting however that, according to the government report to the UN Committee on the Rights of Persons with Disabilities, the Centre for the Advancement of Persons with Disabilities published a standardized dictionary of Tunisian sign language, which was registered with the Tunisian Institute for Authors’ Rights as No. 09-13-15-03-2010.[6]

Conformity with the CRPD: According to Accessibility Indicator 8, the legal framework of Tunisia does not state that sign language has a legal status equivalent to national language. The publication of a standard dictionary of Tunisian sign language does not amount to its official recognition as a national language.

Conformity value: 0

United Arab Emirates

Relevant legal clauses: the Disability Law recognizes the right to receive and transmit information through the use of sign language (Article 7) and provides for the provision of literary and cultural material in sign language (Article 20).

Conformity with the CRPD: According to Accessibility Indicator 8, the legal framework of the United Arab Emirates is in partial conformity with the CRPD given that recognizing the right to use sign language in the receipt and transmission of information does not constitute an effective recognition of sign language as a national language.

Conformity value: 1