accessibility and reasonable accommodation: fulfilling the intent of the crpd presentation by anne...

Accessibility and Reasonable

Accommodation: Fulfilling the Intent of

the CRPD

Presentation by Anne Hawker, RI President

2nd Conference of States Parties United Nations, New York

September 2-4, 2009

Relationship between accessibility and reasonable accommodation Both are core to the successful inclusion of people

with disabilities in society Denial of reasonable accommodation as a form of

discrimination

Accessibility – principle and article –impact broader

Unlike accessibility, the right to benefit from reasonable accommodation is immediately applicable

Definition of “reasonable accommodation”CRPD, article 2:

“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. . .”

Often referred to as• Reasonable adjustment• Reasonable modification

Features of “reasonable accommodation” Under the CRPD: not limited to employment, but

covers education, accessibility, health, access to justice, legal capacity and others

A focus on an individual case and what needs to be done to ensure that the particular person can participate fully (though the adjustment may be of benefit to others)

It is reasonable accommodation or adjustment that is required – if an undue burden/hardship or disproportionate burden is involved, then not reasonable.

Myths regarding costs

Implementation strategies Changes to national laws to ensure that

reasonable accommodation reflects the breadth of application as envisaged under the CRPD

Development of guidelines to demonstrate the intent contained in CRPD

Provision of accessible information on the right of people with disabilities to accessible accommodation

Setting clear accountabilities on State agencies Training and attitude change

Conclusion Crucial to the effective implementation of

the UNCRPD, is area of accessibility. Social model and inclusive development Much can already be done as it is

discriminatory not provide “reasonable accommodations” and is immediately applicable

An important area for international and regional co-operation to learn from each other

“Nothing about us, without us.”