CRPD/C/GC/2
(b)
Where access could have been granted to the facility or service (when it came
into existence) through reasonable accommodation.
32.
As part of their review of accessibility legislation, States parties must also consider
their laws on public procurement to ensure that their public procurement procedures
incorporate accessibility requirements. It is unacceptable to use public funds to create or
perpetuate the inequality that inevitably results from inaccessible services and facilities.
Public procurements should be used to implement affirmative action in line with the
provisions of article 5, paragraph 4, of the Convention in order to ensure accessibility and
de facto equality for persons with disabilities.
33.
States parties should adopt action plans and strategies to identify existing barriers to
accessibility, set time frames with specific deadlines and provide both the human and
material resources necessary to remove the barriers. Once adopted, such action plans and
strategies should be strictly implemented. States parties should also strengthen their
monitoring mechanisms in order to ensure accessibility and they should continue providing
sufficient funds to remove barriers to accessibility and train monitoring staff. As
accessibility standards are often implemented locally, continuous capacity-building of the
local authorities responsible for monitoring implementation of the standards is of
paramount importance. States parties are under an obligation to develop an effective
monitoring framework and set up efficient monitoring bodies with adequate capacity and
appropriate mandates to make sure that plans, strategies and standardization are
implemented and enforced.
IV. Relationship with other articles of the Convention
34.
The duty of States parties to ensure access to the physical environment,
transportation, information and communication, and services open to the public for persons
with disabilities should be seen from the perspective of equality and non-discrimination.
Denial of access to the physical environment, transportation, information and
communication, and services open to the public constitutes an act of disability-based
discrimination that is prohibited by article 5 of the Convention. Ensuring accessibility pro
futuro should be viewed in the context of implementing the general obligation to develop
universally designed goods, services, equipment and facilities (art. 4, para. 1 (f)).
35.
Awareness-raising is one of the preconditions for the effective implementation of the
Convention on the Rights of Persons with Disabilities. Since accessibility is often viewed
narrowly, as accessibility to the built environment (which is significant, but only one aspect
of access for persons with disabilities), States parties should strive systematically and
continuously to raise awareness about accessibility among all relevant stakeholders. The
all-encompassing nature of accessibility should be addressed, providing for access to the
physical environment, transportation, information and communication, and services.
Awareness-raising should also stress that the duty to observe accessibility standards applies
equally to the public and to the private sector. It should promote the application of universal
design and the idea that designing and building in an accessible way from the earliest stages
is cost-effective and economical. Awareness-raising should be carried out in cooperation
with persons with disabilities, their representative organizations and technical experts.
Special attention should be paid to capacity-building for the application and monitoring of
the implementation of accessibility standards. The media should not only take into account
the accessibility of their own programmes and services for persons with disabilities, but
should also take an active role in promoting accessibility and contributing to awarenessraising.
10