Accessibility 2014, para. 25

Paragraph
Paragraph text
Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. States parties need to set accessibility standards, which must be adopted in consultation with organizations of persons with disabilities, and they need to be specified for service-providers, builders and other relevant stakeholders. Accessibility standards must be broad and standardized. In the case of individuals who have rare impairments that were not taken into account when the accessibility standards were developed or who do not use the modes, methods or means offered to achieve accessibility (not reading Braille, for example), even the application of accessibility standards may not be sufficient to ensure them access. In such cases, reasonable accommodation may apply. In accordance with the Convention, States parties are not allowed to use austerity measures as an excuse to avoid ensuring gradual accessibility for persons with disabilities. The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities. The duty of reasonable accommodation, contrarily, exists only if implementation constitutes no undue burden on the entity.
Legal status
Non-negotiated soft law
Body
Committee on the Rights of Persons with Disabilities
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • Persons with disabilities
Year
2014
Paragraph type
Other
Reference
CRPD General Comment No. 2, Accessibility (2014), para. 25.
Paragraph number
25