CRPD/C/GC/2
equal basis with others. Article 9 has roots in existing human rights treaties, such as article
25 (c) of the International Covenant on Civil and Political Rights on the right to equal
access to public service, and article 5 (f) of the International Convention on the Elimination
of All Forms of Racial Discrimination on the right of access to any place or service
intended for public use. When those two core human rights treaties were adopted, the
Internet, which has changed the world dramatically, did not exist. The Convention on the
Rights of Persons with Disabilities is the first human rights treaty of the 21st century to
address access to ICTs; and it does not create new rights in that regard for persons with
disabilities. Furthermore, the notion of equality in international law has also changed over
the past decades, with the conceptual shift from formal equality to substantive equality
having an impact on the duties of States parties. States’ obligation to provide accessibility is
an essential part of the new duty to respect, protect and fulfil equality rights. Accessibility
should therefore be considered in the context of the right to access from the specific
perspective of disability. The right to access for persons with disabilities is ensured through
strict implementation of accessibility standards. Barriers to access to existing objects,
facilities, goods and services aimed at or open to the public shall be removed gradually in a
systematic and, more importantly, continuously monitored manner, with the aim of
achieving full accessibility.
15.
The strict application of universal design to all new goods, products, facilities,
technologies and services should ensure full, equal and unrestricted access for all potential
consumers, including persons with disabilities, in a way that takes full account of their
inherent dignity and diversity. It should contribute to the creation of an unrestricted chain of
movement for an individual from one space to another, including movement inside
particular spaces, with no barriers. Persons with disabilities and other users should be able
to move in barrier-free streets, enter accessible low-floor vehicles, access information and
communication, and enter and move inside universally designed buildings, using technical
aids and live assistance where necessary. The application of universal design does not
automatically eliminate the need for technical aids. Its application to a building from the
initial design stage helps to make construction much less costly: making a building
accessible from the outset might not increase the total cost of construction at all in many
cases, or only minimally in some cases. On the other hand, the cost of subsequent
adaptations in order to make a building accessible may be considerable in some cases,
especially with regard to certain historical buildings. While the initial application of
universal design is more economical, the potential cost of subsequent removal of barriers
may not be used as an excuse to avoid the obligation to remove barriers to accessibility
gradually. Accessibility of information and communication, including ICT, should also be
achieved from the outset because subsequent adaptations to the Internet and ICT may
increase costs. It is therefore more economical to incorporate mandatory ICT accessibility
features from the earliest stages of design and production.
16.
The application of universal design makes society accessible for all human beings,
not only persons with disabilities. It is also significant that article 9 explicitly imposes on
States parties the duty to ensure accessibility in both urban and rural areas. Evidence has
shown that accessibility is usually better in bigger cities than in remote, less developed rural
areas, although extensive urbanization can sometimes also create additional new barriers
that prevent access for persons with disabilities, in particular to the built environment,
transport and services, as well as more sophisticated information and communication
services in heavily populated, bustling urban areas. In both urban and rural areas, access
should be available for persons with disabilities to the natural and heritage parts of the
physical environment that the public can enter and enjoy.
17.
Article 9, paragraph 1, requires States parties to identify and eliminate obstacles and
barriers to accessibility to, inter alia:
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