The UN Convention and its Effects on The UN Convention and its Effects on Implementing ICTs and New Technologies for Implementing ICTs and New Technologies for Persons with Disabilities Persons with Disabilities By Axel Leblois By Axel Leblois Executive Director, G3ict Executive Director, G3ict ITU Workshop on Accessibility October 13-14-15, Bamako, Mali
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The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU.
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The UN Convention and its Effects on The UN Convention and its Effects on Implementing ICTs and New Technologies for Implementing ICTs and New Technologies for
Persons with DisabilitiesPersons with Disabilities
By Axel LebloisBy Axel LebloisExecutive Director, G3ictExecutive Director, G3ict
The UN Convention and its Effects on The UN Convention and its Effects on Implementing ICTs and New Technologies for Implementing ICTs and New Technologies for
Persons with DisabilitiesPersons with Disabilities
By Axel LebloisBy Axel LebloisExecutive Director, G3ictExecutive Director, G3ict
ITU Workshop on Accessibility
October 13-14-15, Bamako, Mali
Slide 2
Convention on the Rights of Persons with Disabilities
Purpose of the Convention on the Purpose of the Convention on the Rights of Persons with DisabilitiesRights of Persons with DisabilitiesPurpose of the Convention on the Purpose of the Convention on the Rights of Persons with DisabilitiesRights of Persons with Disabilities
To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity
(Article 1)
Slide 3
Convention on the Rights of Persons with Disabilities
What is unique about the What is unique about the Convention?Convention?What is unique about the What is unique about the Convention?Convention?
Both a development and a Human Rights instrument
A policy instrument which is cross-disability and cross-sectoral
Legally binding
Slide 44
Adopted by the United Nations General Assembly on December 13, 2006
Universal framework for the protection of the rights of persons with disabilities
8th Universal Convention on Human Rights and 1st of this millennium
143 countries have signed it as of September 2009 – 87 with the Optional Protocol
71 have ratified it, representing over 70% of the World Population
The Convention on the Rights of The Convention on the Rights of Persons with Disabilities Persons with Disabilities The Convention on the Rights of The Convention on the Rights of Persons with Disabilities Persons with Disabilities
Slide 5
Georgia: A Hub for Digital Accessibility InnovationAtlanta, Georgia, USA, 1 October 2008
Slide 6
Signatures and Ratifications Signatures and Ratifications Sub-Saharan Africa as of October 2009Sub-Saharan Africa as of October 2009Signatures and Ratifications Signatures and Ratifications Sub-Saharan Africa as of October 2009Sub-Saharan Africa as of October 2009
United Republic of TanzaniaSigned: 30-3-2007Signed Protocol: 29-9-2008
ZambiaSigned: 9-5-2008Signed Protocol: 29-9-2008
Slide 7
AgendaAgendaAgendaAgenda
ICT accessibility in the Convention: new rights for a new era
Application covered by the Convention
Special dispositions promoting accessible & assistive technologies
Implementation
Slide 8
Accessibility in the Convention on Accessibility in the Convention on the Rights of Persons with the Rights of Persons with DisabilitiesDisabilities
Accessibility in the Convention on Accessibility in the Convention on the Rights of Persons with the Rights of Persons with DisabilitiesDisabilities
Preamble (v):
“Recognizing 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”.
Slide 9
The Pervasive Impact of ICTs on All The Pervasive Impact of ICTs on All Aspects of LifeAspects of LifeThe Pervasive Impact of ICTs on All The Pervasive Impact of ICTs on All Aspects of LifeAspects of Life
A Massive Increase in ICT usage: 900 million personal computers 1.6 + billion Internet users (incl. shared /
mobile access) 1.4 billion telephone land lines 1.5 billion TV sets and 2.4 billion radios 4 billion cell phones, over 2 billion text
messaging users
Major impact of ICT accessibility on education, employment and cultural opportunities
China’s leadership in ICT usage opens large opportunities for ICT Accesibility programs
Slide 10
Accessibility Rights: ICTs On Par with Accessibility Rights: ICTs On Par with Physical Environment & TransportationPhysical Environment & TransportationAccessibility Rights: ICTs On Par with Accessibility Rights: ICTs On Par with Physical Environment & TransportationPhysical Environment & Transportation
« 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... » (Article 9)
Slide 11
Implications of Article 9Implications of Article 9Implications of Article 9Implications of Article 9
Based on the definition of Article 9, all sector specific accessibility dispositions cover ICT accessibility
The terms “Accessibility” and “Accessible” appear respectively 9 and 17 times in the text of the Convention
The term “Reasonable Accommodation” is included 7 times with equal impact on ICT applications
Slide 12
Application Areas CRPD Article
Accessibility Mandates
Reasonable Accommodation
Promoting Assistive
Technologies
E-Government 9.2.a
Media and Internet 9.2.b
Education 24
Employment 27
Political Rights 21
Emergency services 9.1.b
Culture & Leisure 30.5.c
Private sector services 9.2.b
Personal Mobility 20
Rehabilitation 26
Main Dispositions with Implications for ICT Main Dispositions with Implications for ICT Accessibility and Assistive Technologies Accessibility and Assistive Technologies Main Dispositions with Implications for ICT Main Dispositions with Implications for ICT Accessibility and Assistive Technologies Accessibility and Assistive Technologies
“The state must insure that private entities that offer facilities and services to the public take into account the accessibility of those services” (Art. 9)
(Also mentioned in Art. 21)
Slide 14
Special Dispositions Promoting Special Dispositions Promoting Accessible & Assistive TechnologiesAccessible & Assistive Technologies Special Dispositions Promoting Special Dispositions Promoting Accessible & Assistive TechnologiesAccessible & Assistive Technologies
1. Mandate to promote R&D
2. ICT Products Development and Universal Design
3. Reasonable accommodation defined and mandated
4. Obligation for States to set accessibility standards
5. Intellectual property rights
6. Promoting New Media and the Internet for Persons with Disabilities
Slide 15
1 - Promoting R&D for Assistive 1 - Promoting R&D for Assistive TechnologiesTechnologies1 - Promoting R&D for Assistive 1 - Promoting R&D for Assistive TechnologiesTechnologies
State Parties...undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost (Article 4 – g)
Early Stage Accessibility Definitions: “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” (Art. 9)
Universal Design: “To undertake or promote research and development
of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines” (Art. 4)
Slide 17
3 - Reasonable Accommodation 3 - Reasonable Accommodation Defined and MandatedDefined and Mandated3 - Reasonable Accommodation 3 - Reasonable Accommodation Defined and MandatedDefined and Mandated
“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms (article 2)
General obligation in article 3, referenced in articles on education and employment
« States Parties shall 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 »
“States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.”
(Article 30 on Cultural life)
Slide 20
6 - New Media and the Internet6 - New Media and the Internet6 - New Media and the Internet6 - New Media and the Internet
« States Parties shall also take appropriate measures to…promote access for persons with disabilities to new information and communications technologies and systems, including the Internet »
Article 9 (g)
Slide 21
Next Steps Towards ImplementationNext Steps Towards ImplementationNext Steps Towards ImplementationNext Steps Towards Implementation
Legislative process Challenges to implement ICT
accessibility policies and programs
G3ict mission and activities
Slide 22
Legislative and Regulatory ProcessLegislative and Regulatory ProcessLegislative and Regulatory ProcessLegislative and Regulatory Process
Signing of the Convention Ratification Parties States must then align their
legislation and regulations with the dispositions of the Convention unless already more favorable
Optional Protocol and Committee on Disability A long but irreversible process with
worldwide pressure from NGOs representing persons with disabilities
Slide 23
Challenges for State Parties to the Challenges for State Parties to the Convention Convention Challenges for State Parties to the Challenges for State Parties to the Convention Convention
1. Limited references available to implement the dispositions of the Convention covering ICT Accessibility
2. Speed of change due to technological developments
3. Requirement to make accessible and assistive ICT products affordable :
Need to create favorable conditions for industry Supporting standards for mass production,
economies of scale, competition, interoperability and lower prices
Risk of fragmentation without global harmonization