Universal design – improving accessibility as a human right

The Council of Europe National Human Structures UniteThe Peer–to–peer project.

Kyiv, 24. May 2011

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Convention on the Rights of Persons with Disabilities

Article 9 - Accessibility1. 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.

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Convention on the Rights of Persons with Disabilities

• Article 2 - DefinitionsFor the purposes of the present Convention:• "Universal design" means the design of products,

environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

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Products

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Buildings

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Public transport

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Public space

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Universal design – improving accessibility as a human right

Universal design• Requires a high degree of equality • Reduces stigmatizing solutions• Includes all persons with disabilities and all other

citizens• Is normative and require continuous innovative

thinking. and• Is more cost effective over time• Is socioeconomically beneficial• Supports social and economical sustainability and

human rights for coming generations.

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Sustainable development

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The relationship between people age 20-64 og 80+

0

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40

60

80

100

120

140

160

1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040

India

China

Nordic Coutries

Europe

Japan

Source: Mats Thorslund, Carolinska Institutet/ESA

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CoE a Pan European think tank on universal design and human rights

• Recommendation CM/Rec(2009)8 achieving full participation through Universal Design – The report Achieving full participation through

Universal Design

• Recommendation CM/Rec 2006 (5) on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006 - 2015

• Resolution ResAP(2001)1on the introduction of the principles of universal design into the curricula of all occupations working on the built

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Universal design – clarification

• Limiting the scope– The use in laws– The use in regulations– Standardization

• Expanding the scope– Innovation– Interdisciplinary developement

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Laws and regulations supporting the implementation of universal design

Anti-Discrimination and Accessibility Act

Building and planning (buildings, outdoor areas etc.)

ICT (web, ticket machines, cash dispensers etc)

Transportation (trains, busses, ships, infrastructure etc)

Education (buildings, learning environment)

Public procurement All goods purchased by the public sector

Act relating to councils for people withdisabilities in local authorities and county councilsActivities and policies in municipalities and counties

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Vision: Norway universally designed by 2025• Prioritised areas:

– Outdoor areas/planning, buildings, transport and ICT.– Sector-overarching measures: activities in municipalities, national indicators and

standards, communication policy, children and young people• Number of measures:

– 2010: ca 200 • Total budget, all ministries:

– Unknown (exceeds NOK 200 mill./€ 22,7 mill in 2010)• Participating ministries:

– 16• Period: 5 years (2009-2013)

– Will be reviewed each year.• Political anchoring:

– The Government– Follow-up: Parliamentary Secretary Committee on the overall policy for people with

disabilities. • Participation

– Reference group (NGOs, research institutes etc.)• Coordination responsibility – The Ministry of Children and Equality

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Measures: Planning and outdoor areas

• National development project in county councils and local authorities.

• (Urban and regional planning)(Ministry of the Environment)

http://www.universell-utforming.miljo.no/

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Act June 20 2008 No 42 relating to a prohibition against discrimination on the basis of disability (the Anti-Discrimination and Accessibility Act)

Section 1 Legislative purposeThe purpose of the Act is to promote equality and ensure equal opportunities for and rights to social participation for all persons regardless of disabilities and to prevent discrimination on the basis of disability. The Act shall help to dismantle disabling barriers created by society and to prevent new ones from being created.

In section 4-8: Protection against direct and indirect discrimination, harassment, instructions and reprisal

http://www.regjeringen.no/en/dep/bld/

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Section 9 Obligation to ensure general accommodation (universal design)

• By universal design is meant designing or accommodating the main solution as regards to physical conditions so that it can be used by as many people as possible.

• Public and private undertakings that offer goods or services to the general public are obliged to ensure the universal design of the undertaking’s normal function provided this does not entail an undue burden for the undertaking.

• When assessing whether the design or accommodation entails an undue burden, particular importance shall be attached to the effect of the accommodation on the dismantling of disabling barriers, the necessary costs associated with the accommodation, the undertaking’s resources, whether the normal function of the undertaking is of a public nature, safety considerations and cultural heritage considerations.

• Any breach of the obligation to ensure universal design pursuant to subsection three is to be regarded as discrimination.

http://www.universell-utforming.miljo.no/

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Section 11 Requirement of universal design of information and communication technology (ICT)

Section 12 Requirement of individual accommodation

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