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Accessibility and Reasonable Accommodation: Fulfilling the Intent of the CRPD. Presentation by Anne Hawker, RI President 2 nd Conference of States Parties United Nations, New York September 2-4, 2009. Relationship between accessibility and reasonable accommodation .

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Accessibility and reasonable accommodation fulfilling the intent of the crpd

Accessibility and Reasonable Accommodation: Fulfilling the Intent of the CRPD

Presentation by Anne Hawker,

RI President

2nd Conference of States Parties United Nations, New YorkSeptember 2-4, 2009


Relationship between accessibility and reasonable accommodation
Relationship between accessibility and reasonable accommodation

  • Both are core to the successful inclusion of people with disabilities in society

  • Denial of reasonable accommodation as a form of discrimination

  • Accessibility – principle and article –impact broader

  • Unlike accessibility, the right to benefit from reasonable accommodation is immediately applicable


Definition of reasonable accommodation
Definition of “reasonable accommodation” accommodation

CRPD, article 2:

“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. . .”

Often referred to as

  • Reasonable adjustment

  • Reasonable modification


Features of reasonable accommodation
Features of “reasonable accommodation” accommodation

  • Under the CRPD: not limited to employment, but covers education, accessibility, health, access to justice, legal capacity and others

  • A focus on an individual case and what needs to be done to ensure that the particular person can participate fully (though the adjustment may be of benefit to others)

  • It is reasonable accommodation or adjustment that is required – if an undue burden/hardship or disproportionate burden is involved, then not reasonable.

  • Myths regarding costs


Implementation strategies
Implementation strategies accommodation

  • Changes to national laws to ensure that reasonable accommodation reflects the breadth of application as envisaged under the CRPD

  • Development of guidelines to demonstrate the intent contained in CRPD

  • Provision of accessible information on the right of people with disabilities to accessible accommodation

  • Setting clear accountabilities on State agencies

  • Training and attitude change


Conclusion
Conclusion accommodation

  • Crucial to the effective implementation of the UNCRPD, is area of accessibility.

  • Social model and inclusive development

  • Much can already be done as it is discriminatory not provide “reasonable accommodations” and is immediately applicable

  • An important area for international and regional co-operation to learn from each other

  • “Nothing about us, without us.”


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