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Chapter 26. Changing the Physical and Social Environment >
Section 4. Ensuring Access for People with Disabilities>
Ensuring Access for People with Disabilities |
Tools & Checklists | |
Checklist
Here you will find a checklist summarizing the important points of the section.
What do we mean by ensuring access for people with disabilities?
__ According to the Americans with Disabilities Act (ADA), “the term ‘disability’ means an individual has a physical or mental impairment that substantially limits one or more of his/her major life activities or there is a record of such an impairment or an individual is regarded as having such an impairment.”
Types of disabilities include:
__ Physical
__ Neurological
__ Developmental
__ Psychological
__ Alcoholism
Types of access include:
__ Physical access
__ Access to Communication and information
__ Access to services
__ Access to employment
__ Access to education
Why try to ensure access for people with disabilities?
__ In many countries, it’s the law.
__ It’s a matter of fairness and respect.
__ Failing to do so wastes talent and energy.
__ It makes good business and economic sense.
__ Many people with disabilities already have a difficult life.
__ People with disabilities add to the diversity of the community, and that diversity makes everyone’s life richer.
__ Access for people with disabilities improves access for everyone.
When should you try to ensure access for people with disabilities?
__ When new public facilities are being designed and/or built.
__ When there’s an addition, renovation, or repair made to a public facility.
__ When a historic building is rehabilitated for a public use.
__ When a community group is working on improving or rehabilitating a public facility or space.
__ When an organization, institution, or agency that provides services or education is moving or renovating its facility.
__ When there are complaints about lack of access.
Who should ensure access for people with disabilities?
__ People with disabilities themselves
__ Organizations concerned with disability rights
__ Legislators other public officials
__ Enforcing agencies
__ Employers
__ Educators
__ Organizations that provide services
__ The court system, when necessary
__ Architects and planners
__ Developers
How do you ensure access for people with disabilities?
__ Changing attitudes and educating the public, as well as policymakers, architects and planners, and others about the realities, needs, and rights of people with disabilities may be the most important step.
__ Demand reasonable accommodation for all types of access.
__ Tax credits can help make accommodations affordable.
__ Physical access means access to
- Public facilities.
- Federal, state, and local government facilities.
- Outdoor spaces.
- Public ways.
- Public transportation.
__ Know the design features that constitute physical access.
__ Access to communication and information means making accessible or providing
- Signs, posters, and other similar features.
- Announcements.
- Telephones.
- ASL interpretation.
- Readers.
- Internet.
- Television.
- Concerts and theater performances.
__ In the U.S., people with disabilities cannot be denied access to services for which they’re eligible.
__ Reasonable accommodations must result in a service that’s equivalent to that which is offered to other eligible participants, although it doesn’t have to be exactly the same in all respects.
__ Employers cannot refuse to hire someone because of a disability if that person is the best-qualified for a job, except where the disability would make it impossible for the person to do the job.
__ An employer may fire someone with a disability because of poor job performance if other employees in the same situation would be treated the same way.
__ Section 508 of the Rehabilitation Act guarantees every child ages 6-21 the right to a free public education that meets his needs in the least restrictive environment possible.
__ In both public and private post-secondary institutions, ADA requires non-discrimination in admissions and accommodation for admitted undergraduate and graduate students with disabilities.
Advocate for the rights and needs of people with disabilities:
__ Demand enforcement of existing laws and regulations.
__ Work with legislators, and their aides to pass laws that guarantee equality of access and opportunity to people with disabilities.
__ Work with architects, planners, developers, and interior designers to make them aware of the concerns and needs of people with disabilities.
__ Enlist the media to help change attitudes and expectations.
__ Call attention to lack of access whether you have a disability or not.
__ Keep at it indefinitely.
Tool #1: Worldwide Disability Rights Laws
A list of existing disability rights laws from the website of the Disability Rights Education and Defense Fund. The texts or abstracts of most of these laws can be found at that URL, many with an English translation, or with an English summary. Others may be found on the Internet separately, or may need to be researched in libraries or through the controlling government bodies.
Argentina - Ley 22.431, y decreto reglamentario 498/83
Australia - Disability Discrimination Act 1992
Bolivia - Ley no. 1678 (1995), and English summary
Brazil - Constitution (1988)
Bulgaria - Law for Protection, Rehabilitation and Social Integration of Disabled (including 2002 amendments)
Canada 1 - Constitution - Charter of Rights & Freedoms (1982)
Canada 2 - Canadian Human Rights Act
Canada 3 - Employment Equity Act
Chile - Ley no. 19.284 (1994)
China - Law of the People's Republic of China on the Protection of Disabled Persons
Colombia - Ley no. 361 DE 1997
Costa Rica - Ley no. 7600 (May 29, 1996),
Ecuador - Ley sobre discapacidades no. 180 (1992)
Ethiopia 1 - The Rights of Disabled Persons to Employment Proclamation, no. 101/1994
Ethiopia 2 - Labour Proclamation, no. 42 of 1993
Fiji - Fiji Constitution (1988)
Finland - Constitution (2000)
France 1 - Code Penal - extracts
France 2 - Code de Travail - extracts
France 3 - Loi no. 91-663 (13 July 1991),
France 4 - Decree no. 98-543,
France 5 - Decree no. 99-756,
France 6 - Decree no. 99-757,
Gambia - Constitution (1996 Draft)
Germany 1 - Constitution (1949, amendments to 1998)
Germany 2 - Severely Handicapped Persons Act - extracts (1986)
Ghana1 - Constitution (1992)
Ghana2 - The Disabled Persons Act 1993
Guatemala - Law of Attention to Persons with Disabilities, 135-1996
Hong Kong Ordinance on Disability, c. 478 (1990)
Hungary 1 - Constitution (1949, amendments to 1997)
Hungary 2 - Equalization Opportunity Law (Act no. XXVI of 1998)
India - Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act,1995 (no. 1 of 1996)
Ireland - Employment Equality Act (no. 21 of 1998)
Ireland - Equal Status Act, 2000
Ireland - National Disability Authority Act, 1999
Israel - Equal Rights for People with Disabilities Law, 5758-1998
Japan - Human Resources Development Promotion Law
Jordan - Law for the Welfare of Disabled Persons, no. 12 of 1993
Korea 1 - Welfare law for Persons with Disabilities (no. 4179, Dec. 30, 1989)
Korea 2 - Act Relating to Employment Promotion, etc. of the Handicapped (no. 4129, Jan. 15, 1990)
Korea3 - The Special Education Promotion law (amended on Jan. 7, 1994)
Luxembourg 1 - Loi sur les travailleurs handicapes (Nov. 12 1991)
Luxembourg 2 - Code Penal - extracts (ss. 444 & 453-58) (1997)
Madagascar 1 - Loi no. 97-044 sur les personnes handicapees
Madagascar 2 - Code de Travail - extracts (1994)
Malawi - Constitution (1994)
Malawi - No. 48 of 1971
Malta - Equal Opportunities (Persons with Disability) Act (2000)
Mauritius - Training and Employment of Disabled Persons Act, 1996
Mexico - Lay Para Las Personas Con Discapacidad Del Distrito Federal
Namibia 1 - Labour Act 1992 - extracts
Namibia 2 - National Vocational Training Act, no. 18, 1994
Netherlands - Act on Equal Treatment on the Grounds of Handicap or Chronic Illness (2003)
New Zealand 1 - Human Rights Act, 1993
New Zealand 2 - Human Rights Amendment Act of 2001
New Zealand 3 - Disabled Persons Employment Promotion (Repeal and Related Matters) Bill (18 May 2004, No. 138-1)
Nicaragua - Ley no. 202 (1995)
Nigeria - Nigerians with Disability Decree 1993
Panama - Codigo de la familia, Ley no. 3, may 17, 1994 - extracts
Paraguay - LABOUR CODE OF 1961
Paraguay - POLITICAL CONSITUTION OF 1992
Philippines - Magna Carta for the Disabled
Peru - Ley No. 27050 - Ley General de la Persona con Discapacidad
Scotland 1 - Disability Discrimination Act 1995 (c. 50)
Scotland 2 - Disability Discrimination (Services & Premises) Regulations 1996
Scotland 3 - Disability Rights Commission Act 1999 (c. 17)
South Africa 1 - Constitution - Bill of Rights (1996)
South Africa 2 - Employment Equity Bill (B60-98)
Spain 1 - ACT NO. 8, TO PROMULGATE A WORKER'S CHARTER
Spain 2 - Ley 51/2003 - de igualdad oportunidades, no discriminación y accesibilidad universal de las personas con discapacidad
Sri Lanka - 1996 Protection of Persons with Disabilities Law
Sweden 1 - Act Concerning Support & Service for Persons with Certain Functional Impairments, SFS 1993: 387
Sweden 2 - Law on a Ban Against Discrimination Disabled Persons in Working Life, 1999- 132
Sweden 3 - Act Prohibiting Discrimination, SFS 2003: 307
Switzerland - Constitution (2000)
Thailand - 1991 Rehabilitation of Disabled Persons Act
Uganda - Constitution (1995)
Uruguay - Ley 16.095 - Establécese un sistema para asegurarles una protección integral a discapacitades
UK 1 - Disability Discrimination Act 1995
UK 2 - Disability Rights Act 1999
UK 3 - Northern Ireland, Disability Discrimination Regulations 1996
USA - The Americans with Disabilities Act of 1990 (ADA)
Venezuela - Ley para la integracion de las personas incapacitadas (Aug. 15, 1993)
Zambia - The Persons with Disabilities Act 1996
Zimbabwe - Disabled Persons Act 1992
Tool #2: The United Nations Standard Rules on the Equalization of Opportunity for Persons with Disabilities
The United Nations Standard Rules on the Equalization of Opportunity for Persons with Disabilities is available in several languages at. The Standard Rules are a comprehensive set of standards for countries to institute disability rights and equal opportunity.
Table of contents, showing the titles of the 22 rules:
I. Preconditions for Equal Participation
* Rule 1. Awareness-raising
* Rule 2. Medical care
* Rule 3. Rehabilitation
* Rule 4. Support services
II. Target Areas for Equal Participation
* Rule 5. Accessibility
* Rule 6. Education
* Rule 7. Employment
* Rule 8. Income maintenance and social security
* Rule 9. Family life and personal integrity
* Rule 10. Culture
* Rule 11. Recreation and sports
* Rule 12. Religion
III. Implementation Measures
* Rule 13. Information and research
* Rule 14. Policy-making and planning
* Rule 15. Legislation
* Rule 16. Economic policies
* Rule 17. Coordination of work
* Rule 18. Organizations of persons with disabilities
* Rule 19. Personnel training
* Rule 20. National monitoring and evaluation of disability programmes
* in the implementation of the Rules
* Rule 21. Technical and economic cooperation
* Rule 22. International cooperation
The Standard Rules also includes a section on monitoring. Compliance is voluntary, and the rules are meant as guidelines for countries to improve national conditions for people with disabilities.
From the U.N. website’s introduction to the Standard Rules on the Equalization of Opportunity for Persons with Disabilities:
People with disabilities - as citizens of their societies - should have the same rights and obligations as all other citizens.
There is an increasing awareness by Governments of their obligation to grant equal rights to all of their citizens. It is ultimately the responsibility of all Governments to ensure that disabled people:
- live as dignified and independent a life-style as possible within the community;
- take an active part in the general, social and economic development of society;
- receive education, medical care and social services within the ordinary structures of their societies.
Governments, through their legal system, can protect the rights of persons with disabilities.
Governments can enact laws to guarantee equality and to prevent discrimination. The cost of denying equal opportunities to persons with disabilities is high not only in financial terms, but in the loss of their contribution to society.
A recent trend emphasizes self-care and puts greater emphasis on increased support to the family and community to provide services for persons with disabilities. In many countries, such services continue to be concentrated in the private sector, financed by voluntary contributions. Such programmes are important, but they do not guarantee equal opportunities for disabled people at all levels of society. Governments should provide disabled people with permanent access to basic public services.
The untapped potential of disabled people will be realized only when Governments ensure that equal opportunities are given to all of their citizens.
Equal opportunities enable disabled persons to govern their own lives with self-respect and personal integrity.