Table of contents:
Suggested Indicators for the Sector of Accessibility
Accessibility is framed in Article 9 of the CRPD:
Article 9 - Accessibility
- To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall 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 and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
- Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
- Information, communications and other services, including electronic services and emergency services.
- States Parties shall also take appropriate measures:
- 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;
- 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;
- To provide training for stakeholders on accessibility issues facing persons with disabilities;
- To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;
- To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;
- To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;
- To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;
- To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.
Accessibility is recognized as both a fundamental principle in the Convention and a right for persons with disabilities. Accessibility is not only concerned with removing barriers in the physical environment but also in the access to information, technologies, communication and economic and social life. It is viewed as a fundamental right for the enjoyment of all other rights guaranteed in the Convention, including the right to education and the right to employment.[1]
1. Identification of the attributes of the right to an accessible environment
Even if the CRPD identifies four aspects of accessibility, the CmRPD stated that “when defining accessibility standards, States parties have to take into account the diversity of persons with disabilities and ensure that accessibility is provided to persons of any gender and of all ages and types of disability”.[2]
The four aspects of accessibility areas in which States are required to remove barriers to the access of persons with disabilities are:
- the physical environment;
- transportation;
- information and communications; and
- other facilities and services open or provided to the public.
These four aspects will be the basis for the elaboration of the Accessibility Indicators.
2. Identification of selected Accessibility Indicators
A limited number of Accessibility Indicators are developed below to measure legal conformity with the CRPD based on the different aspects of the right to an accessible environment, which focus on ensuring the access of persons with disabilities to the physical environment (Accessibility Component 2), to transport (Accessibility Component 3), to other facilities and services open or provided to the public (Accessibility Component 4) and to information and communications (Accessibility Component 5). In addition, indicators will be developed to measure the recognition of the right to access for persons with disabilities in general (Accessibility Component 1).
(a) Accessibility Component 1: Accessibility as a Right
Accessibility as a right will be addressed through one indicator capturing the recognition of this right for persons with disabilities (Accessibility Indicator 1) and one indicator measuring conformity with the CRPD obligation to establish minimum standards and guidelines for the accessibility (Accessibility Indicator 2).
ACCESSIBILITY INDICATOR 1:
The legal framework states that accessibility is a right for persons with disabilities
| Source | This indicator derives directly from Article 9 of the CRPD. |
|---|---|
| Definition | This indicator reflects whether accessibility is recognized as a right in the national legal framework. It aims to capture whether the legal framework includes an obligation to eliminate the obstacles and barriers to accessibility in all physical environments, transport, information and communications technologies and systems and other facilities and services open to the public, in order to enable persons with disabilities to live independently and participate in all areas of society. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability. |
ACCESSIBILITY INDICATOR 2:
The legal framework establishes minimum standards and guidelines for accessibility
| Source | This indicator is derived from Article 9 (2) (a) of the CRPD which requires States to take appropriate measures 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.” |
|---|---|
| Definition |
It reflects the State’s commitment to respect the right to an accessible environment by developing standards and guidelines that duty bearers are required to respect in order to enable persons with disabilities to access all places and services equally with others. Their implementation is an important measure to ensure their independence and full inclusion and participation in all aspects of society. The standards and guidelines should rely on the concept of universal design and provide guidance on the means to eliminate barriers and obstacles in the physical environment, transport, facilities and services open to the public and in information and communications technologies and systems. These guidelines and standards should act as a reference for all sectors of political, social and economic life, particularly for actors involved in constructions, public works, transport, media and other public services, whether in an urban or rural context. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability. |
(b) Accessibility Component 2: Accessibility of the Physical Environment
The physical environment refers to indoor and outdoor facilities including buildings, roads, footpaths, schools, housing, medical facilities and workplaces. Conformity with the CRPD obligation to ensure accessibility in the physical environment will be measured by indicators focusing on the accessibility of buildings (Accessibility Indicator 3) and roads (Accessibility Indicator 4). Roads and buildings have been selected as they are the most important aspects of the physical environment.
ACCESSIBILITY INDICATOR 3:
The legal framework states that barriers to accessibility in buildings should be eliminated
| Source | This indicator derives from Article 9 (1) (a) which requires that States take measures to identify and eliminate barriers to accessibility in the physical environment as a means to facilitate the movement of persons with disabilities and enable them to live independently and participate fully in society. |
|---|---|
| Definition |
This indicator measures the national legal framework’s conformity with the CRPD obligation to eliminate barriers to accessibility in buildings. Buildings constitute a major part of the physical environment and are the physical container of homes, schools, medical facilities, and other facilities providing public services, etc. The accessibility of buildings therefore directly affects the enjoyment of other rights by persons with disabilities, such as the right to adequate shelter, the right to education, the right to work or the right to health. In order to be in conformity with the CRPD, national legal frameworks should therefore require that all buildings, whether private or public, are accessible for everyone, including persons with disabilities. It is necessary for the national legal framework to prohibit the creation of new barriers to accessibility in buildings as well as to require the removal of existing ones. This can be done by ensuring accessibility in all construction and renovation works conducted on buildings, and could be included as a requirement for the issuing of construction related permits by the relevant authorities. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability; laws related to construction |
ACCESSIBILITY INDICATOR 4:
The legal framework states that barriers to accessibility in roads should be eliminated
| Source | This indicator derives from Article 9 (1) (a) which requires that States take measures to identify and eliminate barriers to accessibility in the physical environment as a means to facilitate the movement of persons with disabilities and enable them to live independently and participate fully in society. |
|---|---|
| Definition |
This indicator measures the national legal framework’s conformity with the CRPD obligation to eliminate barriers to accessibility in roads. In addition to buildings, roads constitute a major part of the physical environment and are the means to connect one location to another. The accessibility of roads is therefore significant to ensure the mobility of all persons, including persons with disabilities to enable them to live independently. In order to be in conformity with the CRPD, national legal framework should therefore guarantee that all roads are accessible for everyone, including persons with disabilities. It is necessary for the national legal framework to prohibit the creation of new barriers to accessibility in roads as well as to require the removal of existing ones. This can be done by ensuring accessibility in all public constructions works conducted on roads. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability; laws related to construction |
(c) Accessibility Component 3: Accessibility of Transportation
Conformity with the CRPD obligation to ensure accessibility in transport will be measured by one indicator focusing on the accessibility of means of transportation (Accessibility Indicator 5).
ACCESSIBILITY INDICATOR 5:
The legal framework states that barriers to accessibility in means of transportation should be eliminated
| Source | This indicator derives from Article 9 (1) (a) which requires that States take measures to identify and eliminate barriers to accessibility in transportation as a means to enable persons with disability to live independently and participate fully in society. |
|---|---|
| Definition |
This indicator measures the national legal framework’s conformity with the CRPD obligation to eliminate barriers to accessibility in transportation, and specifically in means of transportation. Transport covers all transportation areas such as air travel, sea travel, and land travel including buses, cars, and trains. In order to be in conformity with the CRPD, national legal frameworks should include an obligation to eliminate barriers to accessibility in means of transportation. The obligation should be imposed on both the public and private sectors and should cover different types of disabilities, including reduced mobility and hearing and visual impairments. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability; laws related to transportation |
(d) Accessibility Component 4: Accessibility of Facilities and Services Open or Provided to the Public
As some aspects of the accessibility of facilities and services open or provided to the public are covered under the obligation to remove barriers to the physical environment and to information and communications, one indicator will be selected to measure conformity with the CRPD requirement to provide forms of live assistance to facilitate accessibility to facilities open to the public (Accessibility Indicator 6).
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
| Source | This indicator derives from Articles 9 (1) and 9 (2) (e) which requires States Parties to take measures to identify and eliminate barriers to accessibility in “facilities and services open or provided to the public” and “[t]o 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” |
|---|---|
| Definition |
This indicator measures the conformity of the national legal framework with the CRPD requirement to eliminate barriers to accessibility in facilities and services open or provided to the public, specifically through the provision of forms of live assistance. The accessibility of facilities and services open or provided to the public aims to ensure that they are used by persons with disabilities on an equal basis with others. This is not limited to making facilities physically accessible for persons with disabilities, which should be covered under the obligation to remove barriers to the physical environment, but also extends to facilitating the use of facilities and services for instance through the provision of forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, or the provision of signage in Braille, sign language interpreters or closed captioning on public television.[3] The provision of forms of live assistance in facilities and services open to the public will facilitate their use by persons with disabilities and improve their access to services that are necessary for their daily lives on an equal basis with others. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability |
(e) Accessibility Component 5: Accessibility of Information and Communications
Conformity with the CRPD obligation to ensure accessibility in information and communications will be measured by one general indicator capturing whether such a general obligation is included in the national legal framework (Accessibility Indicator 7) and one specific indicator looking at the recognition of the national sign language (Accessibility Indicator 8).
ACCESSIBILITY INDICATOR 7:
The legal framework states that barriers to accessibility in information and communications should be eliminated
| Source | This indicator derives from Article 9 (1) (b) of the Convention which requires that States take measures to identify and eliminate barriers to accessibility in “information, communications and other services, including electronic services and emergency services” as a means to enable persons with disability to live independently and participate fully in society. It also derives from Article 21 of the Convention that guarantees freedom of expression and opinion and access to information to persons with disabilities. |
|---|---|
| Definition | This indicator measures the conformity of the national legal framework with the CRPD requirement to remove barriers to accessibility in information and communications. Information should be provided in accessible format through the use of sign language, Braille and appropriate augmentative and alternative forms of communication. The indicator therefore aims to capture whether the legal framework ensures equal access to information for all, including for persons with disabilities. Particular importance could be given to information that is necessary for an individual’s daily life, including information related to emergency services[4]. The obligation should in principle apply to information disseminated offline and online, including through government websites and media institutions which can include sign language interpretation and closed captioning on television and news bulletins, and the publication of newspapers in Braille. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability; laws related to communications; laws related to media |
ACCESSIBILITY INDICATOR 8:
The legal framework states that sign language has legal status equivalent to national language
| Source | This indicator derives specifically from Articles 21 and 30 (4) of the CRPD, which require that States take appropriate measures to recognize and promote national sign languages. |
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| Definition |
This indicator measures the conformity of national legal framework with the CRPD obligation to recognize national sign language. The recognition and promotion of national sign languages is considered an important means to ensure that persons with disabilities can exercise the right to freedom of expression and opinion and can participate in cultural, recreation, leisure and sport activities. It also constitutes the recognition of their specific cultural and linguistic identity. Particularly, sign language facilitates the full participation to society of persons with hearing impairments on an equal basis with others. Some countries have recognized national sign languages in their constitutional instrument; others have enacted legislative and administrative texts for that purpose.[5] |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
|
| Data collection | Laws related to disability; laws related to communications; laws related to languages; laws related to education |
[1] United Nations Office of the High Commissioner for Human Rights & Inter-Parliamentary Union, 2007, p. 17
[2] Ibid, para.29.
[3] Ibid., p. 80; Secretariat for the Convention on the Rights of Persons with Disabilities, undated.
[4] United Nations Office of the High Commissioner for Human Rights & Inter-Parliamentary Union, 2007, p. 80; Secretariat for the Convention on the Rights of Persons with Disabilities, undated.
[5] United Nations Office of the High Commissioner for Human Rights & Inter-Parliamentary Union, 2007, p. 69