Diapositiva 1

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ROUND TABLE 1 Accesibility and Reasonable
Accommodation Ana Peláez Narváez UN Committee
on the Rights of Persons with Disabilities
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• States Parties obligations are based on a new
  concept of disability based on a social model.
• This new pespective implies
• Respect for diversity equality and
  non-discrimination
• The unfavorable effects of disability may be
  compensated respecting or re-establishing the
  access and full use of rights

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• The Convention establishes general guiding
  principles such as ACCESSIBILITY
• Article 9. Accessibility
• 1. 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.
• When these appropiate measures are denied,
  discrimination takes place

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RECOMMENDATIONS TO STATES PARTIES FOR THE
IMPLEMENTATION OF THE ACCESSIBILITY PRINCIPLE
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Having into account that States Parties
should take appropriate measures to enable
persons with disabilities to live independently
and participate fully in all aspects of life. We
recommend To take legislative and other
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 according to paragraphs b) to h)
of the Convention To audit the identification
and elimination of obstacles and barriers to
accessibility To develop national accessibility
plans established with concrete targets and
deadlines To establish standards and guidelines
for accessibility
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To develop auditing on level of compliance and
sanctions for noncompliance To apply resources
obtained by means of money sanctions to encourage
accessibility actions To develop the use of
public procurement and provision and other
measures that establish compulsory accessibility
requirements
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ACCESSIBILITY AS A CROSSCUTTING ISSUE IN THE
CRPD
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Article 19 Living independently and being
included in the community To make community
services and facilities for the general
population accessible.
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Article 20 - Personal mobility Measures to
facilitate the personal mobility of persons with
disabilities, in the manner and the time of their
choice, as well as their access to forms of
assistance (human or animal), assistive
technologies, aids and devices at an affordable
cost Measures to ensure that the technologies
are high quality Measures to encourage entities
that produce mobility aids, devices and assistive
technologies to take into account all aspects of
mobility for persons with disabilities.
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Article 21 Freedom of expression and opinion, and
access to information Legislative and other
measures to ensure that information provided to
the general public is accessible to persons with
disabilities in a timely manner an without
additional cost Legislative and other measures
to ensure that persons with disabilities can use
their preferred means of communication and access
to information such as sign languages, Braille,
augmentative and alternative communication, and
all other accessible means, in all forms of
official interaction Measures to urge private
entities and mass media to provide their
information and services in an accessible form
for persons with disabilities To audit the
degree of accessibility of mass media and
percentage of accessibility standard
incorporated To develop legislative and other
measures linked to the official recognition of
sign language(s).
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Article 24 Education Legislative and other
measures that ensure that schools and materials
are accessible and that individualized reasonable
accommodation and support required by persons
with disabilities is provided to ensure effective
education and full inclusion Availability of
specific skills training services for children,
adults or teachers who so require in Braille,
sign languages, augmentative and alternative
communication, mobility and other areas measures
taken for the promotion of the linguistic
identity of deaf persons Measures taken to
ensure education is delivered in the most
appropriate languages, modes, means of
communication, and environments for the
individual Reasonable accommodation provision
and other measures to ensure access to lifelong
learning education.
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Article 25 Health Legislative and other measures
to ensure that health services and technology are
accessible for persons with disabilities
(hospitals, technical means, communication,
comprehensible messages)
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Article 26 Habilitation and Rehabilitation Measur
es for the promotion of the availability,
knowledge and use of assistive devices and
technologies, designed for persons with
disabilities, as they relate to habilitation and
rehabilitation.
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Article 27 Work and employment Availability of
technical and financial assistance for the
provision of reasonable accommodations
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Article 28 - Adequate standard of living and
social protection The availability of
programmes that cover disability related extra
financial costs.
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Article 29 - Participation in political and
public life Measures to ensure the right to vote
of persons with disabilities on their own or to
be accompanied by a person of their
choice Measures to ensure the full
accessibility of the voting procedures,
facilities and materials
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Article 30 - Participation in cultural life,
recreation, leisure and sport Measures to ensure
that cultural, leisure, tourism and sporting
facilities are accessible to persons with
disabilities, having into account children with
disabilities Measures to ensure that
intellectual property laws do not become a
barrier for persons with disabilities in the
access to cultural materials Measures to ensure
that children with disabilities have equal access
with other children to participation in play,
recreation, leisure and sporting facilities,
including those made within the school system.
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Reasonable accommodation should be implemented
without reducing the level of commitment the
Convention sets up for States Parties regarding
the Accesibility principle. All these measures
should be taken with the constructive
participation of persons with disabilities and
their representative organisations during all the
implementation processs. International
Co-operation could be a fundamental tool to
enhance the implementation of the accessibility
principle in countries where there is a lack of
resources.