Disability Law Primer (PDF) - ARCH Disability Law Centre

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The central element of inclusiveness in the community accepts the tenet that
segregation and institutionalization are not normally in the interests of the person
concerned, nor of the community as a whole. Persons with disabilities flourish best
within the community, rather than outside it, and have contributions to make.^33


The CRPD sets out various actions to be taken by States in bringing about a change of
attitudes and elimination of discrimination and stereotyping.^34


Accessibility, a third recurring theme, includes physical accessibility to buildings, as
well as other forms of accessibility. The promotion of the use of universal design, from
which we all benefit, encourages enhanced accessibility through signage in Braille,
providing accessible information and ensuring the use of accessible communication
technologies, among other forms of accessibilty. The Convention also deals with related
issues such as ensuring personal mobility, where that is a problem, and facilitating
independent living.^35


The need to address systemic discrimination has also been recognized at the
international level. The Convention on the Rights of Persons with Disabilities expressly
incorporates universal design, and defines this concept as:


...the design of products, environments, programmes and services to be
usable by all people, to the greatest extent possible, without the need for
adaptation or specialized design. “Universal design” shall not exclude
assistive devices for particular groups of persons with disabilities where
this is needed.^36

Universal design is a proactive approach towards ensuring that services, products and
environments are accessible and usable by the broadest possible community without
the need for specialized adaptations, additional modifications or after-the-fact redesign.


(^33) Supra note 2 at 329.
(^34) See supra note 1, Article 4.
(^35) Ibid, Article 9(1).
(^36) Convention on the Rights of Persons with Disabilities, supra note 1, Article 2.

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