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The United Nations Convention on the Rights of
Persons with Disabilities entered into force in May
2008. Its purpose is to ensure that the estimated
650 million people with disabilities worldwide can
enjoy the same rights and opportunities
as everyone else,
and lead their lives as full citizens
who can make valuable
contributions to society. It is
wide ranging and covers civil,
political, economic, social and
cultural rights.
A regional seminar on the
Convention took place at the
Houses of Parliament in London,
United Kingdom, on 27–28 April
2009 and was organized by the Inter-Parliamentary
Union. The aim was to inform European parliamentarians
about the Convention and how they can encourage
their governments to ratify and implement this important treaty. I was invited to speak as an
ITU consultant on the accessibility provisions of the
Convention and its impact on information and communication
technologies (ICT).
Taking part
As a participant in the
seminar and someone with
significant hearing loss, I was
especially grateful that the organizers
provided captioning
to make it easier to follow my
fellow speakers. I was asked
to share something about my
disability because hearing loss
can often seem invisible. Even
though doctors said I would never learn to speak because
of my hearing loss, I thank my parents, who
encouraged me and never felt sorry for me at a time
when it was common for our neighbours to label me “deaf and dumb” when I was growing up. I was fortunate
to have been born into a family that could
provide me with hearing aids. And, for 15 years,
every day after school I would attend speech and
lip-reading lessons. I think those neighbours would
be surprised today to learn that I went on to earn a
doctorate in law with distinction as a Public Interest
Scholar. My lifetime goal in my work as a disability
rights advocate, has been to understand how best to
bring about systemic change to improve the quality
of life for persons with disabilities. One of the keys to
achieving this is the promotion of accessibility for all.
The purpose of the Convention
is to ensure that the estimated
650 million people with disabilities
worldwide can enjoy the same
rights and opportunities as
everyone else, and lead their lives
as full citizens who can make
valuable contributions to society.
The principle of accessibility
Article 3 of the Convention enshrines “accessibility”
as one of the treaty’s eight general principles. In
the preamble of the Convention, we learn that accessibility
is closely tied to the evolving definition of
disability. This is because accessibility enables us to
address the attitudinal and environmental barriers that hinder full and effective participation in society on an equal basis with others.
Universal design
Accessibility is a means of empowerment and inclusion
for people with disabilities. It is also closely
tied to Article 4 on the general obligation of parties
to the Convention to promote universal design of
goods, services, equipment and facilities. Universal
design is defined as meaning that products, environments,
programmes and services must be usable by
everyone, to the greatest extent possible, without
the need for adaptation or specialization. It does
not exclude the provision of assistive devices where
needed.
The obligation under Article 4 also includes promoting
the availability and use of products and services
that follow the principle of universal design, as
well as the development of standards and guidelines
that promote universal design.
Accessibility and ICT
The Convention also addresses the accessible
design of mainstream ICT. Advances in mainstream
technologies, along with the growing convergence
of audio, text and video functionalities, enables
mainstream ICT to become accessible as never before.
One example of a mainstream product of this
kind is the Kindle 2, an electronic book offered in the
United States and developed by the online retailer,
Amazon.com Inc. Texts are downloaded from the
Amazon website, and it can hold over 1500 titles despite
being no bigger than a typical book and weighing
less than 300 grammes. Unlike its predecessor,
Kindle 1, the device has a text-to-speech feature that
uses a synthetic voice to read a book out loud.
For the first time in the history of mainstream
technology, an electronic book provides easy access
to reading materials for people who cannot read
print because of blindness, dyslexia, illiteracy and
other disabilities. However, a controversy has arisen
in the United States, because the Author’s Guild
has said that electronic books do not include audio
rights. When visiting the Amazon website I found a
Kindle 2 electronic book for sale where the text-to-speech
feature was marked “not enabled.” A pop-up box explained that this was at the request of the book’s publisher. Hopefully, the controversy will be
resolved quickly so that everyone, including people
with disabilities, will be able to benefit from this new
feature.
There are significant provisions throughout the
Convention that will have an impact on national policies
and strategies for ICT and the future of the web.
In fact, 14 out of the first 32 non-procedural articles
explicitly mention countries’ obligations regarding
ICT. We may well see more controversies like the
Kindle 2 in the future since ICT are so important because
of their ability to enable people with disabilities
to fully participate in society.
Meanwhile, an increasing number of countries
have begun to adopt standards on ICT accessibility
and to incorporate them into their procurement
structures. In this way, businesses and industry are
rewarded in the marketplace for their investment in
the accessibility effort — and at the same time, consumers
with disabilities can enjoy equal access to ICT.
Accessible Internet
Since the invention of the World Wide Web, access
to information via the Internet has increased the
independence of people with disabilities and has removed
barriers that previously could not be readily overcome. At a time when over-the-counter government
services are being replaced by interactive websites,
it is crucial that websites should be designed
so that everyone, including people with disabilities,
can use them and navigate through the online world.
The international industry standards for web accessibility
are the World Wide Web Consortium’s
Web Content Accessibility Guidelines 1.0 and the
recent 2.0 version. Accessibility for websites means
that where there is video and audio content, real-time
captioning is provided so that people with hearing
loss can understand what is being said. Designing
for accessibility also means that the content of online
forms, images, graphics, tables, charts or photos
can be accessed by assistive computer technology.
For example, people who are blind can use software
that reads web pages out loud. In addition, people with dexterity problems, who cannot use a mouse,
can use assistive devices to input commands onto a
keyboard. Even people who have difficulty with keyboards
can use speech recognition software to write
correspondence, pay bills, or work online.
Including everyone
Accessibility is integral to many of the rights that
are defined in the Convention, from matters of work
and employment, to participation in political and
cultural activities. It should, therefore, be clearly understood
that the Convention specifically recognizes
the importance of accessibility to the physical, social,
economic and cultural environments, including
health, education and ICT. This is essential so that
our community can fully enjoy all human rights and
fundamental freedoms.
About the author
Cynthia Waddell is a senior accessibility consultant with ITU and an internationally recognized expert on
the issue. She served as the built environment and accessible technology expert for the United Nations Ad
Hoc Committee during the drafting of the Convention on Rights of Persons with Disabilities. She is Co-Editor
and Co-Author of the ITU/G3ict “Toolkit for Policy- Makers on e-Accessibility and Service Needs for Persons
with Disabilities.” She wrote the ITU–T action plan for the implementation of Resolution 70 of the World
Telecommunication Standardization Assembly held in October 2008 in Johannesburg.
Ms Waddell has served as a US Department of Justice mediator for complaints under the Americans with
Disabilities Act. A frequent writer and speaker, her books and papers have been translated and cited by
organizations including the National Council on Disability, an independent advisor to the President of the
United States, in their report “The Accessible Future”, published in 2001. Most notably, she wrote the first
accessible web design standard in the United States that led to recognition as a best practice in 1995 by the
federal government and contributed to the eventual passage of legislation for Electronic and Information
Technology Accessibility Standards (Section 508).
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