Summary
States are obliged to ensure that all new infrastructure, materials, communication and services intended for public use are accessible for all and comply with universal design requirements.
Obligations
Election Parts
Criteria
Quotes
- State Parties shall take reasonable and progressive step measures to facilitate full enjoyment by persons with disabilities of this right, and such measures shall, among others, apply to: (…) c) Information, communications, sign languages and tactile interpretation services, braille, audio and other services, including electronic services and emergency services; (...) e) The modification of all inaccessible infrastructure and the universal design of new infrastructure.
- State Parties shall take reasonable and progressive step measures to facilitate full enjoyment by persons with disabilities of this right, and such measures shall, among others, apply to: (…) c) Information, communications, sign languages and tactile interpretation services, braille, audio and other services, including electronic services and emergency services; (...) e) The modification of all inaccessible infrastructure and the universal design of new infrastructure.
- As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty.
- As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty.
- The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.
- Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. (...) The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities.
- Universal design principles should be used to design, develop, implement and promote new technologies, including assistive technologies and equipment, which could facilitate the participation of persons with disabilities in political and public life. These technologies and equipment should be accessible and affordable to all those who need them.
- Legislative and other appropriate measures should be adopted in order to guarantee the removal, within a reasonable time, of existing physical obstacles hampering access to places where public affairs such as central and local administrative activities and judicial proceedings are conducted. The same recommendation applies to political activities such as campaigns and elections; it is recommended to organise all public meetings and events in accessible premises.
- To enable persons with disabilities to participate fully in political and public life, member states should take appropriate measures to guarantee them effective non-discriminatory access to and supply of relevant goods and services, including transportation and other indoor and outdoor facilities, which are open or provided to the general public, both in urban and rural areas. Measures to be taken by member states or providers of goods and services should not impose a disproportionate burden, or require fundamental alteration of goods and services in question or require the provision of alternatives thereto.
- Participatory democracy for persons with disabilities involves accessibility of premises, services and goods, procedures, rules, information and communications. Failure to guarantee accessibility by means of universal design and reasonable accommodations would infringe the rights and the dignity of persons with disabilities and the principles of non-discrimination and equal opportunities.
- The built environment is a challenge to persons with disabilities when they wish to participate in public affairs and when they defend their rights, for example in the judicial sphere (see Article 13 of the UNCRPD). Member states should avoid and prevent the creation of barriers in access to the built environment.
- The application of universal design principles and direct and/or indirect participation of the user in all design stages are effective means for improving the accessibility of polling stations and election procedures to cast one’s vote and for getting access to information on elections.
- States should ensure accessibility and provision of reasonable accommodation.