Summary
Reasonable accommodations should be made to all existing infrastructure, materials, communication and services to enable the participation of persons with disabilities on an equal basis with others.
Obligations
Election Parts
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 all appropriate policy, legislative and other measures to ensure this right (to participate in political and public life), on the basis of equality, including through: (…) c) Putting in place reasonable accommodations and other support measures consistent with the secrecy of the ballot, including as appropriate, accessibility of polling stations and facilitating assisted voting, for persons with disabilities to enable their effective participation in political and public life in accordance with national laws.
- State Parties shall take all appropriate policy, legislative and other measures to ensure this right (to participate in political and public life), on the basis of equality, including through: (…) c) Putting in place reasonable accommodations and other support measures consistent with the secrecy of the ballot, including as appropriate, accessibility of polling stations and facilitating assisted voting, for persons with disabilities to enable their effective participation in political and public life in accordance with national laws.
- 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.
- Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty.
- States parties should aim to: (…) (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life.
- Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty.
- As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. (…) It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights.
- Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty.
- States parties should aim to: (…) (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life.
- The duty to provide reasonable accommodation is an ex nunc duty, which means that it is enforceable from the moment an individual with an impairment needs it in a given situation, for example, workplace or school, in order to enjoy her or his rights on an equal basis in a particular context. Here, accessibility standards can be an indicator, but may not be taken as prescriptive. Reasonable accommodation can be used as a means of ensuring accessibility for an individual with a disability in a particular situation. Reasonable accommodation seeks to achieve individual justice in the sense that non-discrimination or equality is assured, taking the dignity, autonomy and choices of the individual into account.
- The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer.
- Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty.
- As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. (…) It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights.
- The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer.
- The Committee recalls that, under article 29 of the Convention, the State party is required to adapt its voting procedures, by ensuring that they are “appropriate, accessible and easy to understand and use”, and, where necessary, allowing persons with disabilities, upon their request, assistance in voting. It is by so doing that the State party will ensure that persons with intellectual disabilities cast a competent vote, on an equal basis with others, while guaranteeing voting secrecy.
- In general: the State party is under an obligation to take measures to prevent similar violations in the future, including by: (…) (ii) Enacting laws that recognize, without any “capacity assessment”, the right to vote for all persons with disabilities, including those with more need of support, and that provide for adequate assistance and reasonable accommodation in order for persons with disabilities to be able to exercise their political rights.
- 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.
- 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.
- Alternative ways of voting should only be used in cases where it is not possible, or it is extremely difficult, for persons with disabilities to vote in polling stations, like everyone else. General reliance on voting assistance and alternative voting as a way to ensure the political participation of persons with disabilities would not be consistent with the general obligations undertaken by States parties under articles 4 and 29 of the Convention.
- 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.