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The UN Convention and its Effects on The UN Convention and its Effects on Implementing ICTs and New Technologies for Implementing ICTs and New Technologies for Persons with Disabilities Persons with Disabilities By Axel Leblois By Axel Leblois Executive Director, G3ict Executive Director, G3ict ITU Workshop on Accessibility October 13-14-15, Bamako, Mali

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Page 1: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

The UN Convention and its Effects on The UN Convention and its Effects on Implementing ICTs and New Technologies for Implementing ICTs and New Technologies for

Persons with DisabilitiesPersons with Disabilities

By Axel LebloisBy Axel LebloisExecutive Director, G3ictExecutive Director, G3ict

The UN Convention and its Effects on The UN Convention and its Effects on Implementing ICTs and New Technologies for Implementing ICTs and New Technologies for

Persons with DisabilitiesPersons with Disabilities

By Axel LebloisBy Axel LebloisExecutive Director, G3ictExecutive Director, G3ict

ITU Workshop on Accessibility

October 13-14-15, Bamako, Mali

Page 2: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 2

Convention on the Rights of Persons with Disabilities

Purpose of the Convention on the Purpose of the Convention on the Rights of Persons with DisabilitiesRights of Persons with DisabilitiesPurpose of the Convention on the Purpose of the Convention on the Rights of Persons with DisabilitiesRights of Persons with Disabilities

To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity

(Article 1)

Page 3: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 3

Convention on the Rights of Persons with Disabilities

What is unique about the What is unique about the Convention?Convention?What is unique about the What is unique about the Convention?Convention?

Both a development and a Human Rights instrument

A policy instrument which is cross-disability and cross-sectoral

Legally binding

Page 4: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 44

Adopted by the United Nations General Assembly on December 13, 2006

Universal framework for the protection of the rights of persons with disabilities

8th Universal Convention on Human Rights and 1st of this millennium

143 countries have signed it as of September 2009 – 87 with the Optional Protocol

71 have ratified it, representing over 70% of the World Population

The Convention on the Rights of The Convention on the Rights of Persons with Disabilities Persons with Disabilities The Convention on the Rights of The Convention on the Rights of Persons with Disabilities Persons with Disabilities

Page 5: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 5

Georgia: A Hub for Digital Accessibility InnovationAtlanta, Georgia, USA, 1 October 2008

Page 6: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 6

Signatures and Ratifications Signatures and Ratifications Sub-Saharan Africa as of October 2009Sub-Saharan Africa as of October 2009Signatures and Ratifications Signatures and Ratifications Sub-Saharan Africa as of October 2009Sub-Saharan Africa as of October 2009

Benin

Signed: 8-2-2008

Signed Protocol: 8-2-2008

Burkina Faso

Signed: 23-5-2007

Signed Protocol: 23-5-2007

Ratified: 23-7-2009

Ratified Protocol: 23-7-2009

Burundi

Signed: 26-4-2007

Signed Protocol: 26-4-2007

Cameroon

Signed: 1-10-2008

Signed Protocol: 1-10-2008

Cape Verde

Signed: 30-3-2007

Central African Republic

Signed: 9-5-2007

Signed Protocol: 9-5-2007

Congo (Republic of the)

Signed: 30-3-2007

Signed Protocol: 30-3-2007

Ratified Protocol: 1-10-2008

Cote d'Ivoire

Signed: 7-6-2007

Signed Protocol: 7-6-2007

Ethiopia

Signed: 30-3-2007

Gabon

Signed: 30-3-2007

Signed Protocol: 25-9-2007

Ratified: 1-10-2007

Ghana

Signed: 30-3-2007

Signed Protocol: 30-3-2007

Guinea

Signed: 16-5-2007

Signed Protocol: 31-8-2007

Ratified: 8-2-2008

Ratified Protocol: 8-2-2008

Kenya

Signed: 30-3-2007

Ratified: 19-5-2008

Lesotho

Ratified: 2-12-2008

Liberia

Signed: 30-3-2007

Signed Protocol: 30-3-2007

Madagascar

Signed: 25-9-2007

Signed Protocol: 25-9-2007

Malawi

Signed: 27-9-2007

Ratified: 27-8-2009

Mali

Signed: 15-5-2007

Signed Protocol: 15-5-2007

Ratified: 7-4-2008

Ratified Protocol: 7-4-2008

Mauritius

Signed: 25-9-2007

Signed Protocol: 25-9-2007

Mozambique

Signed: 30-3-2007

NigerSigned: 30-3-2007Signed Protocol: 2-8-2007Ratified: 24-6-2008Ratified Protocol: 24-6-2008

NigeriaSigned: 30-3-2007Signed Protocol: 30-3-2007

RwandaRatified: 15-12-2008Ratified Protocol: 15-12-2008

SenegalSigned: 25-4-2007Signed Protocol: 25-4-2007

Sierra LeoneSigned: 30-3-2007Signed Protocol: 30-3-2007

South AfricaSigned: 30-3-2007Signed Protocol: 30-3-2007Ratified: 30-11-2007Ratified Protocol: 30-11-2007

SudanSigned: 30-3-2007Ratified: 24-4-2009Ratified Protocol: 24-4-2009

SwazilandSigned: 25-9-2007Signed Protocol: 25-9-2007

TogoSigned: 23-9-2008Signed Protocol: 23-9-2008

UgandaSigned: 30-3-2007Signed Protocol: 30-3-2007Ratified: 25-9-2008Ratified Protocol: 25-9-2008

United Republic of TanzaniaSigned: 30-3-2007Signed Protocol: 29-9-2008

ZambiaSigned: 9-5-2008Signed Protocol: 29-9-2008

Page 7: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 7

AgendaAgendaAgendaAgenda

ICT accessibility in the Convention: new rights for a new era

Application covered by the Convention

Special dispositions promoting accessible & assistive technologies

Implementation

Page 8: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 8

Accessibility in the Convention on Accessibility in the Convention on the Rights of Persons with the Rights of Persons with DisabilitiesDisabilities

Accessibility in the Convention on Accessibility in the Convention on the Rights of Persons with the Rights of Persons with DisabilitiesDisabilities

Preamble (v):

“Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms”.

Page 9: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 9

The Pervasive Impact of ICTs on All The Pervasive Impact of ICTs on All Aspects of LifeAspects of LifeThe Pervasive Impact of ICTs on All The Pervasive Impact of ICTs on All Aspects of LifeAspects of Life

A Massive Increase in ICT usage: 900 million personal computers 1.6 + billion Internet users (incl. shared /

mobile access) 1.4 billion telephone land lines 1.5 billion TV sets and 2.4 billion radios 4 billion cell phones, over 2 billion text

messaging users

Major impact of ICT accessibility on education, employment and cultural opportunities

China’s leadership in ICT usage opens large opportunities for ICT Accesibility programs

Page 10: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 10

Accessibility Rights: ICTs On Par with Accessibility Rights: ICTs On Par with Physical Environment & TransportationPhysical Environment & TransportationAccessibility Rights: ICTs On Par with Accessibility Rights: ICTs On Par with Physical Environment & TransportationPhysical Environment & Transportation

« To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems... » (Article 9)

Page 11: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 11

Implications of Article 9Implications of Article 9Implications of Article 9Implications of Article 9

Based on the definition of Article 9, all sector specific accessibility dispositions cover ICT accessibility

The terms “Accessibility” and “Accessible” appear respectively 9 and 17 times in the text of the Convention

The term “Reasonable Accommodation” is included 7 times with equal impact on ICT applications

Page 12: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 12

Application Areas CRPD Article

Accessibility Mandates

Reasonable Accommodation

Promoting Assistive

Technologies

E-Government 9.2.a

Media and Internet 9.2.b

Education 24

Employment 27

Political Rights 21

Emergency services 9.1.b

Culture & Leisure 30.5.c

Private sector services 9.2.b

Personal Mobility 20

Rehabilitation 26

Main Dispositions with Implications for ICT Main Dispositions with Implications for ICT Accessibility and Assistive Technologies Accessibility and Assistive Technologies Main Dispositions with Implications for ICT Main Dispositions with Implications for ICT Accessibility and Assistive Technologies Accessibility and Assistive Technologies

Page 13: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 13

Private Sector Services AccessibilityPrivate Sector Services AccessibilityPrivate Sector Services AccessibilityPrivate Sector Services Accessibility

“The state must insure that private entities that offer facilities and services to the public take into account the accessibility of those services” (Art. 9)

(Also mentioned in Art. 21)

Page 14: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 14

Special Dispositions Promoting Special Dispositions Promoting Accessible & Assistive TechnologiesAccessible & Assistive Technologies Special Dispositions Promoting Special Dispositions Promoting Accessible & Assistive TechnologiesAccessible & Assistive Technologies

1. Mandate to promote R&D

2. ICT Products Development and Universal Design

3. Reasonable accommodation defined and mandated

4. Obligation for States to set accessibility standards

5. Intellectual property rights

6. Promoting New Media and the Internet for Persons with Disabilities

Page 15: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 15

1 - Promoting R&D for Assistive 1 - Promoting R&D for Assistive TechnologiesTechnologies1 - Promoting R&D for Assistive 1 - Promoting R&D for Assistive TechnologiesTechnologies

State Parties...undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost (Article 4 – g)

Page 16: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 16

2 - ICT Products Development2 - ICT Products Development2 - ICT Products Development2 - ICT Products Development

Early Stage Accessibility Definitions: “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” (Art. 9)

Universal Design: “To undertake or promote research and development

of universally designed goods, services, equipment and facilities, as defined in article 2 of the present 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)

Page 17: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 17

3 - Reasonable Accommodation 3 - Reasonable Accommodation Defined and MandatedDefined and Mandated3 - Reasonable Accommodation 3 - Reasonable Accommodation Defined and MandatedDefined and Mandated

“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 (article 2)

General obligation in article 3, referenced in articles on education and employment

Page 18: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 18

4 - Standards4 - Standards4 - Standards4 - Standards

« States Parties shall take…appropriate measures to develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public »

Article 9-2 (a)

Page 19: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 19

5 - Intellectual Property Rights5 - Intellectual Property Rights5 - Intellectual Property Rights5 - Intellectual Property Rights

“States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.”

(Article 30 on Cultural life)

Page 20: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 20

6 - New Media and the Internet6 - New Media and the Internet6 - New Media and the Internet6 - New Media and the Internet

« States Parties shall also take appropriate measures to…promote access for persons with disabilities to new information and communications technologies and systems, including the Internet »

Article 9 (g)

Page 21: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 21

Next Steps Towards ImplementationNext Steps Towards ImplementationNext Steps Towards ImplementationNext Steps Towards Implementation

Legislative process Challenges to implement ICT

accessibility policies and programs

G3ict mission and activities

Page 22: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 22

Legislative and Regulatory ProcessLegislative and Regulatory ProcessLegislative and Regulatory ProcessLegislative and Regulatory Process

Signing of the Convention Ratification Parties States must then align their

legislation and regulations with the dispositions of the Convention unless already more favorable

Optional Protocol and Committee on Disability A long but irreversible process with

worldwide pressure from NGOs representing persons with disabilities

Page 23: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 23

Challenges for State Parties to the Challenges for State Parties to the Convention Convention Challenges for State Parties to the Challenges for State Parties to the Convention Convention

1. Limited references available to implement the dispositions of the Convention covering ICT Accessibility

2. Speed of change due to technological developments

3. Requirement to make accessible and assistive ICT products affordable :

Need to create favorable conditions for industry Supporting standards for mass production,

economies of scale, competition, interoperability and lower prices

Risk of fragmentation without global harmonization

Page 24: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 24

G3ict MissionG3ict MissionG3ict MissionG3ict Mission

“To Facilitate the Implementation of the Digital Accessibility Agenda

Defined by the Convention on the Rights of Persons with Disabilities”

A Flagship Advocacy Initiative of the

Global Alliance for ICT and Development

Page 25: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 25

G3ict ActivitiesG3ict ActivitiesG3ict ActivitiesG3ict Activities

Advocacy, Awareness Raising Knowledge hub for Policy Makers and Civil

Society: Good practices sharing and references National seminars at government’s request Promoting standards

Tools to be released in 2009: Self-assessment Tool Digital Accessibility and Inclusion Index Toolkit for Policy Makers

In cooperation with: The Private Sector, Disabled Persons Organizations,

International Institutions, Academia, Standards Development Organizations and Governments

Page 26: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 26

Georgia: A Hub for Digital Accessibility InnovationAtlanta, Georgia, USA, 1 October 2008

Page 27: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 27

G3ict – ITU ToolkitG3ict – ITU ToolkitG3ict – ITU ToolkitG3ict – ITU Toolkit

Page 28: The UN Convention and its Effects on Implementing ICTs and New Technologies for Persons with Disabilities By Axel Leblois Executive Director, G3ict ITU

Slide 28

 

Thank YouThank YouThank YouThank You

www.g3ict.orgwww.e-accessibilitytoolkit.org

[email protected] +1 (404) 641 5661