CRPD/C/GC/2
36.
Ensuring full access to the physical environment, transportation, information and
communication, and services open to the public is indeed a vital precondition for the
effective enjoyment of many rights covered by the Convention. In situations of risk, natural
disasters and armed conflict, the emergency services must be accessible to persons with
disabilities, or their lives cannot be saved or their well-being protected (art. 11).
Accessibility must be incorporated as a priority in post-disaster reconstruction efforts.
Therefore, disaster risk reduction must be accessible and disability-inclusive.
37.
There can be no effective access to justice if the buildings in which law-enforcement
agencies and the judiciary are located are not physically accessible, or if the services,
information and communication they provide are not accessible to persons with disabilities
(art. 13). Safe houses, support services and procedures must all be accessible in order to
provide effective and meaningful protection from violence, abuse and exploitation to
persons with disabilities, especially women and children (art. 16). Accessible environment,
transportation, information and communication, and services are a precondition for the
inclusion of persons with disabilities in their respective local communities and for them to
have an independent life (art. 19).
38.
Articles 9 and 21 intersect on the issue of information and communication. Article
21 provides that States parties “shall take all appropriate measures to ensure that persons
with disabilities can exercise the right to freedom of expression and opinion, including the
freedom to seek, receive and impart information and ideas on an equal basis with others and
through all forms of communication of their choice”. It goes on to describe in detail how
the accessibility of information and communication can be ensured in practice. It requires
that States parties “provide information intended for the general public to persons with
disabilities in accessible formats and technologies appropriate to different kinds of
disabilities” (art. 21 (a)). Furthermore, it provides for “facilitating the use of sign languages,
Braille, augmentative and alternative communication, and all other accessible means,
modes and formats of communication of their choice by persons with disabilities in official
interactions” (art. 21 (b)). Private entities that provide services to the general public,
including through the Internet, are urged to provide information and services in accessible
and usable formats for persons with disabilities (art. 21 (c)) and the mass media, including
providers of information through the Internet, are encouraged to make their services
accessible to persons with disabilities (art. 21 (d)). Article 21 also requires States parties to
recognize and promote the use of sign languages, in accordance with articles 24, 27, 29 and
30 of the Convention.
39.
Without accessible transport to schools, accessible school buildings, and accessible
information and communication, persons with disabilities would not have the opportunity
to exercise their right to education (art. 24 of the Convention). Thus schools have to be
accessible, as is explicitly indicated in article 9, paragraph 1 (a), of the Convention.
However, it is the entire process of inclusive education that must be accessible, not just
buildings, but all information and communication, including ambient or FM assistive
systems, support services and reasonable accommodation in schools. In order to foster
accessibility, education as well as the content of school curricula should promote and be
conducted in sign language, Braille, alternative script, and augmentative and alternative
modes, means and formats of communication and orientation (art. 24, para. 3 (a)), with
special attention to the appropriate languages and modes and means of communication used
by blind, deaf and deaf-blind students. Modes and means of teaching should be accessible
and should be conducted in accessible environments. The whole environment of students
with disabilities must be designed in a way that fosters inclusion and guarantees their
equality in the entire process of their education. Full implementation of article 24 of the
Convention should be considered in conjunction with the other core human rights
instruments as well as the provisions of the Convention against Discrimination in Education
of the United Nations Educational, Scientific and Cultural Organization.
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