Universal design reflects a focus on ensuring that the environment is equally available,
appealing and useful to a diverse population by providing the same means of use to all
users and avoiding the segregation or stigmatization of any users.^37 Initially developed
in the context of architecture and the built environment, universal design and its
principles have been applied in contexts far removed from architecture.^38 Universal
design can be applied to social planning in order to proactively redress barriers, prevent
future barriers and create more inclusive social environments. Universal design does
not eliminate the need for individual accommodation, although the need for such
accommodation will be reduced if the environment is inclusive.^39
The existing legal framework for adjudicating human rights applications has been
criticized for failing to adequately develop the legal concept and application of universal
design to disability discrimination claims.^40
(^37) Universal design, as conceived by the Centre for Universal Design at North Carolina State University,
espouses seven principles that are aimed at ensuring the most number of users are considered when
designing new spaces. The seven principles are:
- Equitable use: the design is useful and marketable to people with diverse abilities;
- Flexibility in use: the design accommodates a wide range of individual preferences and
abilities; - Simple and intuitive use: use of the design is easy to understand, regardless of the user’s
experience, knowledge, language skills, or current concentration level; - Perceptible information: the design communicates necessary information effectively to the
user, regardless of ambient conditions or the user’s sensory abilities; - Tolerance for error: the design minimizes hazards and the adverse consequences of
accidental or unintended actions; - Low physical effort: the design can be used effectively and comfortably and with a minimum of
fatigue; and - Size and space for approach and use: appropriate size and space is provided for approach,
reach, manipulation, and use regardless of user’s body size, posture, or mobility.
North Carolina State University, “Guidelines for the Use of the Principles of Universal Design” (1997),
online: North Carolina State University, The Centre for Universal Design
http://www.ncsu.edu/ncsu/design/cud/about_ud/docs/use_guidelines.pdf. See also Molly Follette Story,
“Principles of Universal Design” in Wolfgang FE Preiser et al, eds, Universal Design Handbook (New
York: McGraw 38 -Hill, 2001) 4.3 at 10.3.
For examples of a variety of contexts that universal design can be applied to, see online: University of
Washington http://www.washington.edu/doit/Brochures/Programs/ud.html. 39
Wendy Bailey, Disability and Universal Design, online: SNOW: Special Needs Ontario Window
http://snow.utoronto.ca/index.php?option+com_content&task=view&id=409&Itemid=380. 40
See Dianne Pothier, “Tackling Disability Discrimination At Work: Toward A Systemic Approach” (2010)
4:1 McGill JL & Health 17 at 17.