Comments, proposals and amendments submitted electronically

Governments

COSTA RICA

Draft Article 13

FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATION

States Parties undertake to ensure the enjoyment of the right to information and communication to persons with dissabilitites. In this regard, States parties shall take appropriate measures to ensure that persons with disabilities can exercise their right to freedom of expression and opinion through alternative modes of communication of their choice, where appropriate, including Braille and sign language, and to seek, receive and impart information, on conditions of equality, including by:

(a) providing public information to persons with disabilities, on request, in a timely manner and without additional cost, in accessible formats and technologies of their choice, taking into account different kinds of disability;

(b) accepting the use of alternative modes of communication by persons with disabilities in official interactions;

(c) providing education programs aimed to teaching persons with disabilities and their families to use alternative and augmentative communication modes;

(d) undertaking and promoting the research, development and production of new technologies, including information and communication technologies, and assistive technologies, suitable for persons with disabilities;

(e) promoting other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; including training of interpreters, and access to new information and communication technologies

(f) encouraging private entities that provide services to the general public to provide information and services in accessible and usable formats for persons with disabilities;

(g) encouraging the mass media to make their services accessible to persons with disabilities.
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EUROPEAN UNION

Draft Article 13
FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATION

States Parties shall take appropriate measures to ensure that persons with disabilities can exercise their right to freedom of expression and

opinion through Braille, sign language, and other modes of communication of their choice, and to seek, receive and impart information, on an equal footing with others, including by:

(a) providing public information to persons with disabilities, on request, in a timely manner and without additional cost, in accessible formats and technologies of their choice, taking into account different kinds of disability;

EU Proposal: The EU suggests replacing "public" with "official" and deleting the words “of their choice”.

(b) accepting the use of alternative modes of communication by persons with disabilities in official interactions;
(c) educating persons with disabilities to use alternative and augmentative communication modes;
(d) undertaking and promoting the research, development and production of new technologies, including information and communication technologies, and assistive technologies, suitable for persons with disabilities;

EU Proposal: The EU suggests the following rewording; “promoting and where appropriate undertaking the research, development and production of new technologies, including information and communication technologies, and assistive technologies, suitable for persons with disabilities;”

(e) promoting other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;
(f) encouraging private entities that provide services to the general public to provide information and services in accessible and usable formats for persons with disabilities;
(g) encouraging the mass media to make their services accessible to persons with disabilities.
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INDIA

Article-13
Suggested change in the Title – Right of access to information “and to promote facility of expression”.
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UN System organizations

ILO

Draft Article 13

Freedom of expression and opinion, and access to information

The ILO welcomes emphasis in the draft text on the importance of accessible information, since rights can only be properly exercised and protected if people are aware of their existence.

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OHCHR

See references to international human rights conventions and jurisprudence

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National Human Rights Institutions

NATIONAL HUMAN RIGHTS INSTITUTIONS

Interventions made at the Third Session:

Article 13

Thank you, Chair; I speak on behalf of the Asia-Pacific Forum of National Human Rights Institutions and on behalf of National Human Rights Institutions generally.

We suggest separating freedom of expression and opinion from freedom of access to information. This is because the enjoyment of each of these freedoms may have different implications and require different means, both with regard to obligations of the State and the elements of the programmes by which persons with disabilities could be guaranteed effective enjoyment of these freedoms. Furthermore, for persons with disabilities, access to information has serious implications for the enjoyment of all of other rights and therefore needs to be tailored to reflect the diversity of persons with disabilities and their circumstances.

We appreciate concerns expressed by several delegations regarding the application and monitoring of various provisions of draft article 13 as regards private entities and the financial obligations the provisions may entail. With a view to overcoming such apprehensions, we propose additional text for inclusion in Article 13, which takes into account the government’s regulatory role. The proposal reads as follows:

“To guarantee equal access to information by persons with disabilities, States Parties shall undertake review, amendment and modification of regulations and by-laws established to regulate production and distribution of information, telecommunications, media and broadcast services”.

We also encourage States to take advantage of the accessibility standards established by the World-Wide Web Consortium, the International Telecommunications Union, I.S.O. and similar standard-setting bodies. This would not only reduce the financial burden of creating accessible information products and services but would also efficiently address the systemic inadequacies that handicap persons with disabilities in the equal enjoyment of their freedom of access to information. Above all, such a provision would ensure equal participation of private entities in fulfilling their obligations towards persons with disabilities.

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ONTARIO HUMAN RIGHTS COMMISSION

Article 13 – Freedom of expression and opinion, and access to information

… that persons with disabilities can exercise their right to freedom of expression and opinion through Braille, sign language and other modes of communication of their choice, and to seek, receive and impart information, on an equal footing with others…

The Commission is supportive of this draft Article and its subparagraphs.

The Commission’s report, The Opportunity to Succeed: Achieving Barrier-free Education for Students with Disabilities, recommends that government only purchase from or give subsidies to publishers which agree to provide publications in alternative accessible formats simultaneous with print (also see the Commission’s comment under draft Article 19 below with respect to the “power of procurement”).
The National Library of Canada has established the Council on Access to Information for Print-Disabled Canadians with a mandate to provide advice, identify funding requirements, monitor progress and make recommendations regarding accessible information. 13

Footnote 40: Some members of the Working Group considered that this draft article should include a reference to sign language as the natural language of deaf people in their access to information, communication, services, participation and education.

As paragraph (g) of the Preamble to the draft Convention recognizes the “diversity of persons with disabilities”, the Commission would suggest modification of any such reference as it implies that sign language is the natural language of all deaf people. This would be an over generalization and would not recognize the diversity that exists among deaf individuals. There are many deaf individuals, for example, who primarily use oral-aural communication methods and augmentative devices and do not necessarily know sign language or identify with Deaf culture.

The Commission is of the view that the draft Article as written is appropriate as it acknowledges that deaf individuals would have a right to “choice” of their preferred mode of communication.

(e) Promoting other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;

Footnote 43: The Ad Hoc Committee may wish to consider expanding this subparagraph to cover the provision and training of live assistance and intermediaries, such as Braille and caption transcribers, note-takers, sign language and tactile communication interpreters, and readers.
The Commission’s report, The Opportunity to Succeed: Achieving Barrier-free Education for Students with Disabilities, identifies that there is a shortage of specialized professionals for students with disabilities, particularly in rural and remote areas, and recommends that government take action to encourage training and recruitment.

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Non-governmental organizations

AUSTRALIAN NGOs

Draft article 13

Mr Chairman:

Thank you for the opportunity to address the Ad Hoc Committee.

The ability to communicate and receive information in Braille, sign language, plain-language, and by other alternative or augmentative means is an instrumental pre-condition to the exercise of the civil and political right of Freedom of Expression. It is therefore appropriate that accessible means of communication are given detailed attention in this Convention.

Nevertheless, accessible means of communication are only one dimension of the human right of Freedom of Expression. The current drafting of this article creates the risk that accessible means of communication will be taken to be the only dimension of the right of Freedom of Expression applicable to people with disability. We therefore suggest either that:

(a) accessible means of communication are dealt with instead in either draft article 18 Participation in Political and Public Life, or draft article 19 Accessibility; or

(b) the text of the article commences with the phase “Freedom of Expression and Opinion includes the right to communicate by accessible means.”

This will avoid any potential for the particularity of this draft article to derogate from the overarching and multidimensional right of Freedom of Expression, which is applicable in all respects to people with disability.

Sub-paragraph (b) requires States parties to ‘accept’ the use of alternative modes of communication. While this is welcome, we believe the article needs to be significantly strengthened to require official recognition of sign language. In most States of the world, including Australia, sign language is not officially recognized. This results in inequality before the law, and an inability to enjoy other rights and duties of citizenship for people who are deaf. A number of States, including most recently New Zealand, have recognized sign language as an official language, and we believe it is critical that this emerging human rights norm is mandated in this convention.
The Bangkok draft equivalent of this article also requires that accessible means of communication are provided in a timely manner, and without additional cost. We believe it is important that the article is amended to incorporate these imperatives.
It is important that recognition of accessible means of communication includes the obligation to provide information in easy-language formats that will facilitate comprehension of information by people with cognitive disability or people who have limited literacy.
Additionally, the terms of the article also require some refinement – “equal footing” in the opening paragraph should be amended to read “on equal terms” and the term “encouraging” in sub-paragraph (f) should be significantly strengthened to read “requiring.” This would more properly address the fundamental importance of non-State actors also being bound by the terms of this convention, given the impact of their activities on the lives of people with disability.

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BIZCHUT

Draft Article 13 – Freedom of Expression and Opinion, and Access to Information

(a) Making information accessible to people with developmental disability

Because of the tendency to associate making information accessible only with formats appropriate to persons with sensory disabilities (e.g. Braille, sign language), we suggest adding to clause (a) that accessibility will be carried out to people with all kinds of disabilities, including formats of simplified language for people with cognitive disabilities.

(b) The obligation is to enable people with all disabilities effective communication; choice between the different modes should be determined on an individual basis

The right to freedom of expression and access to information brings with it the obligation to provide persons who have communication difficulties with the ability to communicate through language. The decision upon the mode of communication – whether regular, alternative or assisted - should be decided according to each individual situation. We suggest shifting the focus of clause (c), from one that singles out teaching to persons with disabilities the use of alternative or assisted modes of communication (to the exclusion of regular modes of communication), to one that focuses on providing them with the ability to communicate through language and speech, including regular, alternative and assisted modes of communication.

(c) The obligation of the State to supply tools enabling communication and access to information at affordable cost
It should be established here that the State will ensure that assistive technologies and tools necessary for communication and making information accessible, are made available at affordable cost. Such an obligation appears in Article 20(a) of the Convention with regard to equipment enabling mobility for persons with physical disabilities.

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EUROPEAN DISABILITY FORUM

Draft Article 13 Freedom of expression and opinion, and access to information

If a definition of the modes of communication is given in article 3 (Definitions), there would be no need to restate the different modes of communication in the initial paragraph of this article.

The recognition of sign language as the natural language of many deaf persons would require a specific paragraph, as there are many reported situations in which deaf adults and children have been prevented from using sign language.

Paragraph a) should require that public authorities make their websites accessible to disabled people. This will not be upon request, but from the outset.

Paragraph e) of this article should include the examples given in footnote 43.

Paragraph f). When these private entities obtain public contracts or public funding, the provision of information in an accessible way has to be a compulsory condition.
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INTERNATIONAL SAVE THE CHILDREN ALLIANCE

Draft Article 13 – freedom of expression and access to information

Children with disabilities are often denied access to information and therefore the right to express themselves. Bullying and neglect is a problem expressed by many disabled young people. It is important that governments provide information for children and adults with disabilities.
Suggested changes
States Parties shall take appropriate measures to ensure that persons with disabilities can exercise their right to freedom of expression and opinion through Braille, sign language, and other modes of communication of their choice, and to seek, receive and impart information, on an equal footing with others, including by:
13.a providing public information to persons with disabilities, including providing age- appropriate information for children with disabilities, on request, in a timely manner and without additional cost, in accessible formats and technologies of their choice, taking into account different kinds of disability
Suggested additional paragraph
13.b enabling children and adults to communicate on an equal footing with others by providing extra time to access, reflect and act upon information, by providing plain information and facilitating augmentative and alternative modes of communication
13.c enabling children and adults to appoint a representative if alternative modes of communications don’t suffice to express and participate on an equal footing

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JAPAN DISABILITY FORUM

<Article 13> Freedom of expression and opinion, and access to Information

Original Text of the Draft
(b) Accepting the use of alternative modes of communication by persons with disabilities in official interactions.
(c) Educating persons with disabilities to use alternative and augmentative communication modes;
(e) Promoting other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;

JDF supports the WFD’s proposals:
b) accepting the use of alternative modes of communication by persons with disabilities in official interactions, and of sign language by Deaf people;
c) educating persons with disabilities to use alternative and augmentative communication modes; for Deaf people, education in their national sign language(s) should be available;
e) promoting other appropriate forms of assistance and support to persons with disabilities to ensure their access to information, including provision of appropriate training to live assistance workers, intermediaries and sign language interpreters;

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LANDMINE SURVIVORS NETWORK

DRAFT ARTICLE 13 COMMENTS

Draft Article 13 seems to draw in part, if not completely, upon the articulation of these concepts in treaties such as the International Covenant on Civil and Political Rights (Article 19) and the Convention on the Rights of the Child (Articles 13 and 17). Although Draft Article 13 addresses many of the issues relevant to enjoyment of these rights by people with disabilities, the structure of the article is such that issues of expression of, and access to, information are sometimes mixed, making the article somewhat confusing.

The emphasis on accessibility in this article is particularly important, given the difficulties faced by many people with disabilities in obtaining information. However, it is unclear how provisions such as Draft Article 13(a) fit with principles of reasonable accommodation and universal design. The Ad Hoc Committee may also wish to consider how best to balance the need for specificity in examples of forms of assistance, with the need to ensure that references are relevant across cultures and remain relevant over time in light of changing technologies.

The concepts elaborated in Draft Article 13 draw heavily from the UN Standard Rules on the Equalization of Opportunities for Disabled Persons, in particular Rule 5 (b). As noted in Footnote 44, the Ad Hoc Committee may also wish to consider whether it is sufficient for States to “encourage” private entities and the mass media in paragraphs (f) and (g). Given the influential role of the media, and the pervasiveness of private entities that provide goods and services to the general public, it may be necessary to adopt stronger language to ensure that States adopt measures with regard to these entities.

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PHYSICAL DISABILITY COUNCIL OF AUSTRALIA

Freedom of Expression & Opinion, and Access to Information: Draft Article 13

Unfortunately, as above, there is nothing in this section about the need for information to be provided in community languages.
For migrant and refugee people with disability it is essential that information be provided in a format that is accessible.
When the Committee considers mentioning specific formats under a) that community languages be listed together with plain language etc.

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WORLD BLIND UNION

FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATION
Article 13:

Access to information should form its own Article.

PWD:s must make choices of their own. The right to self-determination for PWD:s is one of the most crucial rights.

Mode of communication has been used, “format”, is the correct term for blind and deafblind people.

Additional explanations should not be used here, (footnote 42), on specific formats in this paragraph, such as plain language or easy-to-read formats, but could be referred to as a subject under Article 3, Definitions

(… augmentative communication modes) is not adequate, rather large print and magnifying systems.

Comments under footnote 43 are very relevant. (…provision and training of live assistance and intermediaries, such as Braille and caption transcribes, note takers, sign language and tactile communication interpreters, and readers).

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WORLD FEDERATION OF THE DEAF

Draft Article 13, Freedom of Expression and Opinion, and Access to information

From the point of view of Deaf people this is a very important article, which has an effect on the texts of other articles. Official recognition of sign language should be clearly stated within the article itself.

WFD proposes that Article 13 read as follows:

States parties shall take appropriate measures to ensure that persons with disabilities can exercise their right to freedom of expression and opinion, and to seek, receive and impart information on an equal footing with others, through Braille and other modes of communication of their choice. For Deaf people, a linguistic minority, freedom of expression and opinion, and equal access to information presupposes recognition of national sign language(s) as their first language; and securing the natural language development of Deaf children in sign language. For all persons with disabilities, the measures include:

a) (as is)

b) accepting the use of alternative modes of communication by persons with disabilities in official interactions, and of sign language by Deaf people;

c) educating persons with disabilities to use alternative and augmentative communication modes; for Deaf people, education in their national sign language(s) should be available;

d) (as is)

e) promoting other appropriate forms of assistance and support to persons with disabilities to ensure their access to information, including provision of appropriate training to live assistance workers, intermediaries and sign language interpreters;

f) (as is)

g) (as is)

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WORLD FEDERATION OF THE DEAF/BLIND

Draft article 13

Add:

h) promoting the training and legalization of guides, interpreters and guides-interpreters to ensure the access to information and communication to persons with disabilities according to their necessities.

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