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Background Documents | Article 9 Background
Seventh Session | Sixth
Session | Fourth Session | Third
Session
Working Group | References
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Article 19
Accessibility
1. [[States Parties to this Convention shall [take [appropriate Japan, African
Group] (progressive Japan, Australia, India, African Group) measures (gradually
Mexico) (to the maximum extent of their available resources China) [to identify
and eliminate obstacles Mexico (and barriers African Group), and (in accordance
with available resources Viet Nam) to ensure (the best Viet Nam) accessibility
[for persons with (all kinds of Israel, Lebanon) disabilities to Mexico]
(in Mexico) the [built Costa Rica (physical Costa Rica, Japan, India,
Serbia and Montenegro) environment, (furniture and equipment Mexico) (to amenities
inside buildings and the communications environment New Zealand) to transportation,
[to information Mexico] and communications, [including information and communications
technologies [and to other services African Group] Mexico] Chile], (so
that any persons with disabilities can access, move around, exit, be oriented,
to be evacuated in emergency conditions and communicate in a safe and autonomous
way, adopting the necessary measures Mexico) (remove barriers in all areas
including the built environment, goods, services including transportation,
information and communications facilities, information technology, electronic
commerce including banking equipment, aids and appliances Australia) (adopt
the appropriate measures to identify and eliminate obstacles and to ensure that
persons with disabilities have access to built spaces, to transport in its diverse
forms (land, air and maritime), to the culture, to information and communication,
taking into account the right of persons with disabilities to accessible information
and communication technologies and other services Chile) in order to ensure
the (enjoyment of the rights and fundamental freedoms of persons with disabilities,
their Costa Rica) capacity [of persons with disabilities Costa Rica] to
live independently and to participate fully in all aspects of life. [The focus
of these measures shall include, inter alia EU, Australia] Canada] (States
Parties to this Convention shall take appropriate measures to identify and eliminate
obstacles to accessibility, including inter alia architectural, sensorial and
cultural barriers, and promote equal access to information and means of communication
EU) (States Parties to this Convention shall take all appropriate measures
to identify and eliminate existing barriers, to prevent the creation of new
barriers, and to ensure accessibility for persons with disabilities in order
to enhance their capacity to live independently and to participate fully in
all aspects of life Canada):
[[(a) (Promotion of Japan) The construction and renovation of [public buildings
Japan, African Group] (buildings for public use Japan, African Group) (and
private buildings for public use Guatemala), roads (infrastructure New Zealand)
and other (private or public Costa Rica) facilities for public use, including
(but not limited to Philippines) schools, housing, medical facilities, indoor
and outdoor facilities and [publicly (and privately Chile) owned African
Group] workplaces (and private entities that provide public facilities or services
addressed to public Lebanon); (all buildings that house key services for persons
with disabilities must be made fully accessible Kuwait) (including privately
owned or developed buildings, facilities and services for public use Argentina)
Mexico; India, EU]
(the inclusion of principles of universal design in the construction and renovation
of all indoor and outdoor physical environment India)
(identify and eliminate, systematically, existing architectural obstacles, to
transportation and communications, with the aim to facilitate their access and
use by persons with disabilities;
the construction and renewal of public buildings, roads and other indoor and
outdoor public facilities, such as schools, housing, medical establishments
and public property work spaces; Mexico)
(b) [The development [and remodelling Viet Nam] of public transportation facilities,
communications and other services, including electronic services. EU] Israel
Australia] African Group] (Promoting universal design for mobility aids,
devices and assistive technologies and encouraging private entities which produce
these to take into account all aspects of mobility for persons with disabilities
African Group)
((c) Formulate and implement plans to progressively reduce and eliminate barriers
to accessibility for persons with disabilities with respect to existing public
buildings Kuwait, Lebanon) (and private entities that provide public facilities
or services addressed to public Lebanon)
((c) The developing and remodelling of public transportation facilities, communications
and services, including electronic services. African Group)
2. [States Parties shall also take [appropriate Israel, Japan] (all possible
Israel) (progressive Japan, Australia) measures to EU] (inter alia Australia)
(These measures shall include EU):
[(a) [Provide African Group] (Ensure African Group) [[in Mexico] public
[buildings and facilities African Group] (for public use, audio, African
Group) signage in Braille and easy-to-read-and-understand forms Mexico, Costa
Rica] (in easy-to read and understand forms, including Braille Costa Rica)
(service spaces with visual and tactile signalling, as well as the use of international
accessibility symbols, to orient persons with disabilities; EU, Israel]
(ensure, including by way of legislation and state-funded financial incentives,
that places, buildings, facilities and services open to, and used by the public
are accessible to people with all kinds of disabilities, including by way of
provision of auxiliary aids and services Israel)
(devise policies and necessary technologies in order to make public transportation
accessible to persons with disabilities, and develop special transportation
services for persons with disabilities as a complementary measure to public
transportation Republic of Korea)
[(b) [[Provide African Group] (Ensure the provision of African Group) [other
forms of [[live Chile, African Group] (personal Chile, African Group) [assistance
African Group] (and assistive services African Group) (, facilitators
Chile) and intermediaries Japan], (assistance Japan) (support services and
technical and technological aids Costa Rica) including guides, readers and
sign language interpreters, to facilitate accessibility to [public African
Group] buildings and facilities Mexico] (for public use African Group) (qualified
personnel to assist and guide persons with disabilities in public service spaces
Mexico); Kuwait, Israel] EU]
(provide [other forms of Lebanon] live assistance including guides, readers
(and sign language interpreters Lebanon) and captioning to facilitate accessibility
to public buildings, facilities and information;
provide sign language interpreters as intermediaries to interpret information
from spoken language into sign language and from sign language into spoken language
for access to public services, education and to facilitate participation Kuwait)
(promote and encourage, including by way of state-funded financial incentives,
the accessibility to people with all kinds of disabilities of residential places
and buildings Israel)
(assist persons with disabilities, if required, with interpreters of sign language
and/or guides or companions; Mexico)
(c) [Develop, promulgate and monitor implementation of minimum national standards
and guidelines for the accessibility of [public Israel, African Group] (places,
buildings Israel) facilities and services (intended for use by the public
African Group) EU] (open to, or used by the public Israel) (as also for
private facilities intended for full or partial public usage India) (This
decree includes buildings and private installations which render public services
or which cater to the public Chile); (developing, promulgating and monitoring
implementation of minimum national standards and guidelines for the accessibility
of public facilities and services in consultation with organizations of persons
with disabilities EU)
((c bis) Facilitating access by persons with disabilities to mobility aids,
devices, assistive technologies and forms of live assistance and intermediaries
including by making them available at affordable cost; African Group)
(d) [[Encourage Kuwait, African Group] (Require Kuwait, Thailand) (Ensure
African Group) (all Lebanon) private entities [that provide public facilities
and services Lebanon, Chile] (in general, which do not render public services
or cater to the public, Chile) to take into account all aspects of accessibility
for persons with disabilities; (undertaking and promoting research, development
and production of new mobility aids, devices and assistive technologies; African
Group India]
[(e) [Undertake and promote Japan] (Promote, and where appropriate, undertake
Japan) (and disseminate Mexico) research, development and production (,
including localization Thailand) of new assistive technologies (and universal
design EU) (where appropriate Costa Rica), giving priority to [affordably
priced Mexico] (low cost Mexico) technologies; New Zealand]
((e bis) promoting the development, availability and use of universally designed
goods, services, equipment and facilities, which are accessible and understandable
to, as well as usable by, everyone, to the greatest extent in the most independent
and natural manner possible, without the need for adaptation or specialized
design solutions EU)
[(f) Promote (the conception, principles and implementation of Chile) [universal
design Kuwait] (personal accessibility to all persons with disabilities) and
international cooperation in the development of standards, guidelines and assistive
technologies; (following, if appropriate with internationally recognized accessibility
standards and guidelines Thailand)
[(g) [Ensure African Group] (Ensure African Group) that organizations of
persons with disabilities (and families of disabled children Jordan) are consulted
(and fully involved from the conception African Group) (at all stages in the
process of formulating legislation, regulations, standards and guidelines in
relation to accessibility Israel) [when Israel] (at all stages in the process
of formulating legislation, regulations, Israel) standards and guidelines
[for Israel] (in relation to Israel) accessibility [are being developed
Israel]; New Zealand]
(h) Provide training for all stakeholders (including professionals involved
in designing structures African Group) on accessibility issues [facing African
Group] (for African Group) persons with disabilities. EU]
(promote among persons with disabilities the benefits they can obtain from the
use of new information technologies and telecommunications Mexico)
((i) Incorporate the theme of accessibility in the study programmes of those
being educated at all levels Chile)
(3. (a) States Parties shall introduce legislation requiring that:
(i) All places, buildings, facilities and services open to and used by the public
shall be made accessible, subject to no disproportionate burden being imposed
and subject also to the possibility of providing for progressive realization
of accessibility in accordance with this subparagraph;
(ii) Such accommodations are made in residential places and buildings as are
reasonable in the circumstances
(b) Legislation introduced under this paragraph shall include appropriate and
effective remedies and penalties as well as efficient enforcement and implementation
mechanisms
4. States Parties shall, in the implementation of this article, place special
emphasis on taking all possible steps to ensure the accessibility of the legal
system, including civil and criminal proceedings, the courts of law, tribunals,
interrogation and testification procedures
5. The term auxiliary aids and services shall include:
(a) Interpreters or other methods of making orally delivered materials available
to individuals with hearing impairments;
(b) Readers, taped texts or other methods of making visually delivered materials
available to individuals with visual impairments;
(c) Guidance, advice and information in a manner intelligible to persons with
mental, psychiatric and cognitive disabilities Israel)