CRPD/C/GC/2
available in easy-to-read formats and augmentative and alternative modes and methods to
persons with disabilities who use such formats, modes and methods.
22.
New technologies can be used to promote the full and equal participation of persons
with disabilities in society, but only if they are designed and produced in a way that ensures
their accessibility. New investments, research and production should contribute to
eliminating inequality, not creating new barriers. Article 9, paragraph 2 (h), therefore calls
on States parties to promote the design, development, production and distribution of
accessible information and communications technologies and systems at an early stage, so
that these technologies and systems become accessible at minimum cost. The use of hearing
enhancement systems, including ambient assistive systems to assist hearing aid and
induction loop users, and passenger lifts pre-equipped to allow use by persons with
disabilities during emergency building evacuations constitute just some of the examples of
technological advancements in the service of accessibility.
23.
Since accessibility is a precondition for persons with disabilities to live
independently, as provided for in article 19 of the Convention, and to participate fully and
equally in society, denial of access to the physical environment, transportation, information
and communication technologies, and facilities and services open to the public should be
viewed in the context of discrimination. Taking “all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs and practices that
constitute discrimination against persons with disabilities” (art. 4, para. 1 (b)) constitutes
the main general obligation for all States parties. “States parties shall prohibit all
discrimination on the basis of disability and guarantee to persons with disabilities equal and
effective legal protection against discrimination on all grounds” (art. 5, para. 2). “In order
to promote equality and eliminate discrimination, States parties shall take all appropriate
steps to ensure that reasonable accommodation is provided” (art. 5, para. 3).
24.
A clear distinction should be drawn between the obligation to ensure access to all
newly designed, built or produced objects, infrastructure, goods, products and services and
the obligation to remove barriers and ensure access to the existing physical environment
and existing transportation, information and communication, and services open to the
general public. Another of the States parties’ general obligations is to “undertake or
promote research and development of universally designed goods, services, equipment and
facilities, as defined in article 2 of the Convention, which should require the minimum
possible adaptation and the least cost to meet the specific needs of a person with
disabilities, to promote their availability and use, and to promote universal design in the
development of standards and guidelines” (art. 4, para. 1 (f)). All new objects,
infrastructure, facilities, goods, products and services have to be designed in a way that
makes them fully accessible for persons with disabilities, in accordance with the principles
of universal design. States parties are obliged to ensure that persons with disabilities have
access to the existing physical environment, transportation, information and communication
and services open to the general public. However, as this obligation is to be implemented
gradually, States parties should establish definite time frames and allocate adequate
resources for the removal of existing barriers. Furthermore, States parties should clearly
prescribe the duties of the different authorities (including regional and local authorities) and
entities (including private entities) that should be carried out in order to ensure
accessibility. States parties should also prescribe effective monitoring mechanisms to
ensure accessibility and monitor sanctions against anyone who fails to implement
accessibility standards.
25.
Accessibility is related to groups, whereas reasonable accommodation is related to
individuals. This means that the duty to provide accessibility is an ex ante duty. States
parties therefore have the duty to provide accessibility before receiving an individual
request to enter or use a place or service. States parties need to set accessibility standards,
7