international law

2016 Dublin Code of Ethics – Design, Engineering, Construction & Operation of a Safe, Resilient & Sustainable Built Environment for ALL

2020-09-22:  Adopted at SFE 2016 DUBLIN (www.sfe-fire.eu) …

Many years have passed since the 1972 UN Stockholm Declaration on the Human Environment and the 1992 Rio Declaration on Environment and Development.  In 2016, Sustainable Development remains an intricate, open, dynamic and continually evolving concept.  The guide and driver for frontline practitioners, policy and decision makers must be a personal Code of Ethics … an integrated and inter-related whole which cannot be reduced to fixed rules inviting game playing and ‘trade-offs’.  After working with this Code, it may be necessary to expand on and discuss its principles and/or some of the issues raised … not to narrow its focus, but to broaden interpretation.

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2016 Dublin Code of Ethics – Design, Engineering, Construction & Operation of a Safe, Resilient & Sustainable Built Environment for All   (Download PDF File, 91 Kb)

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CODE APPLICATION & PURPOSE

The realization of a Safe, Inclusive, Resilient & Sustainable Built Environment demands a concerted, collaborative, very creative and widely trans-disciplinary effort at national, local, regional and international levels across the whole planet – Our Common Home.  The informed operation of appropriate legislation, administrative procedures, performance monitoring and targeting, and incentives/disincentives, at all of these levels, will facilitate initial progress towards this objective … but not the quantity, quality or speed of progress necessary.  Our time is running out !

This Code of Ethics applies … for those who subscribe to its values … to policy and decision makers, and the many different individuals and organizations directly and indirectly involved in the design, engineering, construction, and operation (management and maintenance) of a Safe, Resilient & Sustainable Built Environment for ALL.

The Purpose of this Code of Ethics is to guide the work of competent individuals and organizations in a context where incomplete or inadequate legislation, administrative procedures and incentives/disincentives exist … but, more importantly, where they do not exist at all … and, amid much confusion and obfuscation of the terms, to ensure that implementation is authentically ‘sustainable’, and reliably ‘safe’ and ‘resilient’ for every person in the receiving community, society or culture … before it is too late !

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#Twitter … @sfe2016dublin …

#Sustainability #HumanRights #ResponsibleNeeds #Ethics #ValueSystem #SustainableDesign #Creativity #BuiltEnvironment #ClimateDisruption #CascadeEffect #CulturalHeritage #SocialSolidarity #FireEngineering #Construction #CJWalsh #DublinCodeOfEthics #SustainableDevelopment #PersonCentred #LocalContext #BeyondCodes #VulnerablePeople #PwAL #FireSafety4ALL #Accessibility4ALL #SocialWellbeing4ALL

SDI’s 2020 Unified Terminology – Concepts, Terms & Definitions

Update 2020-09-01:  Although the term ‘Vulnerable People’ remains unaltered, I considered it wise, and very necessary bearing in mind the obvious myopia in the mainstream health, safety and design worlds … clearly demonstrated by the 2017 Grenfell Tower Fire in England, and this current CoronaVirus / CoVID-19 Global Pandemic … to include references to specific social groups …

Vulnerable People:  Those people – in a community, society or culture – who are most at risk of being physically, psychologically or sociologically wounded, hurt, damaged, injured, or killed … and include, for example, people with disabilities, young children, people with health conditions, frail older people, women in late pregnancy, refugees, migrants, prisoners, the poor, and homeless.

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2020-07-20:  So many diverse design disciplines and interested groups are involved in the realization, operation and maintenance of a Safe, Inclusive, Resilient and Sustainable Human Environment (built, social, economic, virtual, and institutional) … that the use of simple, easily assimilated language and precise, harmonized technical terminology must be widely exercised.  For the effective application of Building Information Modelling (BIM), this is particularly important.

And concerning Fire Engineering, it is not clear when the practice began, but defining a concept simply in terms of performance in a ‘standard test fire’ is entirely inadequate, and fails to explain the actual meaning of the concept.

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SDI’s 2020 Unified Terminology – Concepts, Terms & Definitions   (Download PDF File, 156 Kb)

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This Terminology … a body of particular terms, each explaining and defining a single concept, covering inter-related building requirements, e.g. human health, accessibility and fire safety for all, firefighting, social rights, design, performance monitoring, and facility management … takes account of:

  1. Sustainability Impact Assessment (SIA)
  2. WHO International Classification of Functioning, Disability and Health (ICF)
  3. Universal Declaration of Human Rights (UDHR)
  4. U.N. Convention on the Rights of Persons with Disabilities (CRPD)
  5. Environmental Impact.

Fire Engineering Terms … take account of the ‘realistic’ end condition, i.e. a real fire in a real building which is occupied or used by real people with varying behaviour and abilities in relation to self-protection, independent evacuation to an external place of safety remote from a fire building, and active participation in a building’s Fire Emergency Management Plan.

General Terms … are also included in order to facilitate a better understanding of:

  • the complexity of human behaviour and perception (visual, auditory, olfactory, gustatory, tactile and proprioceptive) ;
  • the wide range of health conditions ;   and, more specifically
  • mental, cognitive and psychological impairments.

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#Twitter … @walshcj69 …

#Sustainability #Terminology #FireEngineering #FireSafety4ALL #PwAL #PeopleWithActivityLimitations #HumanRights #Concepts #UDHR #unCRPD #Terms #Design #Buildings #Construction #Accessibility4ALL #ParticipationBarrier #Definitions #Firefighters #2017GrenfellTowerFire #Resilience #LifeCycle #whoICF #SIA #2001WTCattacks #HumanPerception #Panic #FireCompartmentation #PlaceOfSafety #Environmental Impact

2015 Dublin Declaration on ‘Fire Safety for All’ in Buildings – A Call to Action and Successful Implementation !

2020-07-15 …

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2015 Dublin Declaration on ‘Fire Safety for All’ in BuildingsA Call to Action and Successful Implementation !   (Download PDF File, 106 Kb)

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Within the professional discipline of Fire Engineering … either a building is Fire Safe, or it is not ;  the design philosophy of the Fire Engineer is irrelevant.  Similarly, building designers must now begin to think and act in the simple terms of a building being either Accessible, or not.  Too many pointless discussions, and too much petty squabbling, about constrained and constraining accessibility philosophies have wasted valuable time, energy and resources.

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Colour photograph showing a typical, everyday scene in countries all over the world … a young person in a manual wheelchair, independently attempting to mount an external flight of steps in front of a building entrance.
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Reality Check: A Universal, Dismally Inaccessible Built Environment !
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Click image to enlarge.

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Building Accessibility encompasses the complete cycle of Independent Use, in a dignified manner and on an equal basis with others … and includes the approach, entry and use of a building, its facilities and information systems … Egress during normal / ambient conditions and removal from the vicinity of the building … and most importantly, safe Evacuation during a fire emergency to a Place of Safety which is remote from the building and reached by way of an accessible route.

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Colour image illustrating the difference between Equality and Equity.  Everybody is equal, and must be treated equally … but the measures necessary to achieve this in real life must, in many cases, be equitable.
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Human Ability and Behaviour is a continuum … a gentle gradient on which every person functions and acts at different levels due to Environmental and Personal Factors.
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Click image to enlarge.

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To be Accessible, a building must meet a long and complex list of inter-related Accessibility & Usability Design Criteria sufficiently well, i.e. the building must work properly for building occupants and users.  The design target is Effective Accessibility … not half-baked accessibility, partial accessibility, the minimal accessibility required by building codes, or token accessibility.

On the other hand, and taking additional account of the current CoronaVirus / CoVID-19 Pandemic … the construction and operation target must be Successful Implementation, i.e. the finished building design, as constructed and operated, must provide a consistently high degree of safety, convenience and comfort for potential occupants and users during the lifetime of the building.

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Colour photograph showing the post-fire scene of a devastated Lift Lobby with an abandoned Manual Wheelchair.  25 people died and 123 were injured in a Jazan Hospital Fire, Saudi Arabia, which occurred on 24 December 2015.  The fire broke out in the hospital’s Intensive Care Unit and Maternity Ward.  Click photograph to enlarge.

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People with Activity Limitations … those people, of all ages, who are unable to perform, independently and without assistance, basic human activities or tasks – because of a health condition or physical / mental / cognitive / psychological impairment of a permanent or temporary nature … are a significant vulnerable group in every community, in every society, and include people with disabilities, children under the age of 5 years, frail older people, women in the later stages of pregnancy, and people with health conditions, etc.

Fire Safety Codes and Standards for healthy, able-bodied, agile adults using buildings exist in almost every country ;  these people can take for granted that buildings are fire safe for them !

However, guidelines concerning Fire Safety for People with Activity Limitations / Fire Safety for ALL (if those guidelines exist at all) are usually technically inadequate, entirely tokenistic and/or blatantly discriminatory ;  these people must assume that there is a serious risk to their safety every time they enter a building.  For them, this is a very significant barrier to their personal development, participation and social inclusion ;  it is a clear and present violation of their human rights !

Forcefully mandated in the United Nations Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006 … the UN CRPD’s Principal Aim is to ensure that the Human Environment (social, built, economic, virtual, and institutional) is sufficiently accessible to facilitate the safe exercise and enjoyment of those rights, protections and freedoms set down in the 1948 Universal Declaration of Human Rights (UDHR), and subsequent International Rights Instruments, by a vulnerable and major section of the population in all of our communities.

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Colour photograph showing the scene of a raging fire in London, on 14 June 2017.  72 people died and many more were injured in this 24 Storey, 120 Apartment Residential Building.  Vulnerable People, including people with activity limitations, refugees, and immigrants with a poor grasp of the English language lived at various heights throughout the Tower.
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A serious design flaw in this building (among many, many others), i.e. a lack of Effective Accessibility … only one narrow, atrociously detailed staircase serving the entire building, lifts/elevators which were useless in a fire emergency, and no areas of rescue assistance adjoining the staircase … had a profoundly negative impact on Firefighter Operations and Safety on the night of 14 June and the following day.
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Click photograph to enlarge.

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It is time to Entirely Eradicate current obsolete, professionally negligent, incompetent and ridiculous approaches to Building Design which result in …

Fire Safety for SOME but not for ALL

Accessibility for SOME but not for ALL

Intricately inter-related … ‘Fire Safety for All’ is a vital component of ‘Accessibility for All’.

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Colour image / Presentation overhead showing how building designers face a critical choice in everyday practice … Legal or Ethical … Beyond Codes ?!?!?
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Legal Compliance is Never Enough.
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Click image to enlarge.

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Fire Safety for All – Nobody Left Behind !

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#Twitter … @firesafety4all …

#Sustainability #SocialInclusion #FireEngineering #FireSafety4ALL #PwAL #PeopleWithActivityLimitations #HumanRights #UN #UDHR #unCRPD #Ethics #Design #Buildings #Construction #Accessibility4ALL #ParticipationBarrier #FireSafety #Firefighters #FFsafety #GrenfellTowerFire #JazanHospitalFire #Resilience #LifeCycle #whoICF #CoronaVirus #CoVID19 #NobodyLeftBehind #2015DublinDeclaration

2004 Rio de Janeiro Declaration on Sustainable Social Development, Disability & Ageing

2020-04-28:  A look back at a Benchmark Document, and an Introduction written nearly 16 years ago.  So many years, so much valuable time has been wasted …

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2004 Rio de Janeiro Declaration on Sustainable Social Development, Disability & Ageing  (Download PDF File, 306 Kb)

The words ‘green’, ‘environmental’, ‘ecological’ and ‘sustainable’ are becoming part of everyday language in the Developed World, but are frequently interchanged without understanding.  To date, however, the concept of Sustainable Development has been hijacked by Environmentalists.  For example, no connection at all may be seen between a ‘sustainable’ building and ensuring that it can be safely and conveniently entered and used by ordinary people.

In other parts of the World, the ambiguous WCED / Brundtland Definition of Sustainable Development is being systematically rejected ;  the concept is viewed as an unaffordable luxury and/or as a means of continued domination and control by the ‘North’.  Yet, sustainability must be a global compact.

In this intolerant and more fundamentalist 21st Century, the United Nations System, International Law, and Social Justice continue to come under sustained attack.  And the Beslan School Tragedy* demonstrates that it is far more hazardous for disadvantaged, vulnerable and indigenous peoples in every society.

[ * The 2004 Beslan School Massacre … https://en.wikipedia.org/wiki/Beslan_school_siege … and its commemoration 10 years later … https://www.rt.com/news/183964-beslan-school-hostage-crisis/ ]

Some specific objectives for the 2004 Rio Declaration were as follows …

  • To present a 2nd Generation Definition of Sustainable Development which is more acceptable to the Developing World ;
  • To restore primacy to the Social Aspects of Sustainable Development … and particularly the ethical values of Social Justice, Solidarity and Inclusion-for-All ;
  • To embed the concept of the ‘Person’ in Sustainable Development … rather than the fleeting reference to ‘People’ which too often results in Disadvantaged, Vulnerable and Indigenous Groups being left behind ;
  • To signal one of the main challenges of Sustainable Development ahead – which will be to establish a framework of horizontal co-ordination at the many institutional levels … and between the many actors and end users … in the human environment.

Adopted in December 2004, at the Brazil Designing for the 21st Century III Conference, the Rio Declaration consists of a Preamble, 10 Principles and 5 Appendices ;  its central concern involves People with Activity Limitations (2001 WHO ICF).

This Declaration extols implementation, and the targeting and monitoring of ‘real’ performance – as opposed to ‘imagined’ or ‘paper’ performance.

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#Sustainability #SocialDevelopment #WCED #Brundtland #UN #SocialInclusion #InternationalLaw #SocialJustice #BeslanSchoolTragedy #VulnerablePeople #Disability #FrailOlderPeople #PwAL #2001whoICF #2004rioDeclaration #Brazil #RioDeJaneiro #SIA #GlobalPartnership #Design #SpatialPlanning #Engineering #IndustrialDesign #Accessibility4ALL

CoronaVirus / CoVID-19 Emergency – Frontline Information

2020-03-29 …

Essential Considerations for National Authorities Having Jurisdiction (AHJ’s):  This Planet is Our Common Home – Be a Good Neighbour to Other Countries (Cuba is a Good Example, USA is a Bad Example) … Global Solidarity & Multilateral Collaboration in Co-Operation with the World Health Organization (WHO) … Act Fast … Perfection is the Enemy of the Good … The Precautionary Principle … Test-Test-Test … Return Test Results within 24 Hours … Trace Contacts within the Next 24 Hours … Collect, Collate and Openly Share Reliable Data & Statistics … Vulnerable People Require Equitable Safety Measures … Uphold and Protect Human & Social Rights.

[ Vulnerable People: Those people – in a community, society or culture – who are most at risk of being physically, psychologically or sociologically wounded, hurt, damaged, injured, or killed … and include, for example, People with Disabilities, Young Children, People with Health Conditions, Frail Older People, Women in Late Pregnancy, Refugees, Migrants, Prisoners, the Poor, and Homeless. ]

Essential Considerations for Each Person in a Community:  Wash Hands Often and Properly (see Video below) … Wear a Mask in Outdoor and Indoor Public Spaces (see WHO Guidance below) … Social Separation / Physical Distancing … Be Careful, Always … Pay Attention to Your Mental Health (see UN Policy Brief below).

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First Affiliated Hospital, Zhejiang University School of Medicine, China

2020 Handbook of CoVID-19 Prevention & Treatment   (Download PDF File, 23.56 MB)

The First Affiliated Hospital has treated 104 patients who tested positive for CoVID-19 in 50 days.  It has achieved zero deaths in patients diagnosed, zero patients misdiagnosed, and zero infections in medical staff.  Its experts documented real treatment experience when combating the virus, 24 hours a day, and quickly published this Handbook.

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CoronaVirus / CoVID-19 World Map – John Hopkins University, USA

A global view of Cases from the Center for Systems Science and Engineering at the University.

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World Health Organization (WHO)

Human Rights – Key to the International CoronaVirus / CoVID-19 Response   (Download PDF File, 271 Kb )

Public Health Emergencies often lead to Stigma, Discrimination and Abuse towards certain communities and social groups, or affected people.  Within the context of CoVID-19, this has already happened … with the disease being recklessly and maliciously associated with a specific population or nationality.

Independent Oversight & Advisory Committee for the WHO Health Emergencies Programme

WHO-IOAC Interim Report on WHO’s Response to CoVID-19 ~ January-April 2020   (Download PDF File, 133 Kb)

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Global MediXchange For Combating CoVID-19 (GMCC)

Established to facilitate on-line communication and collaboration internationally, as well as to provide Frontline Medical Teams around the world with the necessary communication channels to share practical experience about fighting, controlling and overcoming the pandemic.

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European Centre for Disease Prevention & Control (ECDC)

An Agency of the European Union (EU) … ECDC is closely monitoring the CoVID-19 Outbreak, providing Public Health Guidance and advice on Response Activities to EU Member States and the EU Commission.

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European Union (EU) CoVID-19 Data Portal

The European Commission, together with several Partners, launched this Platform on 20 April 2020 … to enable the rapid collection and sharing of available Research Data.  The Platform, part of the ERAvsCorona Action Plan (download PDF File, 153 Kb), is a significant effort to support Researchers in Europe and around the World in the fight against the CoronaVirus pandemic.

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World Health Organization (WHO)

2020 Disability Considerations During The CoVID-19 Outbreak   (Download PDF File, 127 Kb)

Vulnerable People, such as Those with Activity Limitations (#PwAL) or Disabilities (#PwD), are more impacted by #CoronaVirus/#CoVID19.  These impacts can be mitigated if simple Self-Protection Measures are taken.

[ Support Information: a) People with Activity Limitations / Personnes à Performance Réduites ;  b) U.N. 2006 Convention on the Rights of Persons with Disabilities, which has now been ratified by most countries in the world but, generally, implementation still ranges from poor to non-existent. ]

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U.S. International Association of Fire Chiefs (IAFC)

2020 Fire Service/EMS Guide For CoronaVirus/CoVID-19 Planning & Response   (Download PDF File, 324 Kb)

As Fire Departments and local Authorities Having Jurisdiction (AHJ’s) continue planning to respond to CoronaVirus/CoVID-19 occurrences in their communities, the IAFC Coronavirus Task Force has developed a guide to identify best practices … and key recommendations which are based largely on guidance from the U.S. Centers for Disease Control and Prevention (CDChttps://www.cdc.gov/) and the World Health Organization (WHOhttps://www.who.int/emergencies/diseases/novel-coronavirus-2019).  When planning for CoVID-19, Fire Chiefs must also be sure to collaborate with local Stakeholders, both individuals and organizations !

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World Health Organization (WHO) – 5 June 2020

Advice on the Use of Masks in the Context of CoronaVirus / CoVID-19   (Download PDF File, 519 Kb)

Colour image showing the Protection Efficiency of various Mask Types.  FOR A GENERAL INDICATION ONLY.  Click to enlarge.  For more information about N95 Respirators and Surgical Masks (Face Masks), go to the U.S. Food & Drugs Administrationhttps://www.fda.gov/medical-devices/personal-protective-equipment-infection-control/n95-respirators-and-surgical-masks-face-masks

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How To Properly Wash Your Hands !   (Video / MP4 File)

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United Nations Policy Brief – 13 May 2020

CoronaVirus / CoVID-19 and the Need for Action on Mental Health   (Download PDF File, 499 Kb)

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#CoronaVirus #CoVid19 #MedicalTeams #Firefighters #FireChiefs #ChiefFireOfficers #EMS #FFsafety #FFhealth #FFwelfare #WHO #CDC #RealTreatmentExperience #IAFC #GMCC #ZhejiangUniversity #PRC #China #USA #FirstAffiliatedHospital #Pandemic #Stakeholders #GlobalSolidarity #SFE #SIA #SocialResilience #Sustainability #MaskProtection #FDA #JohnHopkinsUniversity #WorldMap #Disability #PrecautionaryPrinciple #unCRPD #HumanRights #VulnerablePeople #NobodyLeftBehind #Stigma #Discrimination #Abuse #HumanDignity #AHJ #MentalHealth

Successful Elaboration of ‘Fire Safety for All’ in China’s Bay Area ~ Hong Kong & Macau !

2019-07-26:  This time last month, in June … I was visiting a hot and humid Hong Kong and Macau, only 1 hour apart on a sea ferry, in China’s Bay Area … to make a Keynote CPD Presentation on Fire Safety for All – Nobody Left Behind ! in the Hong Kong Institute of Architects … and following that up with a full morning Workshop and an afternoon Plenary Presentation at the large 2019 Rehabilitation International Asia-Pacific Region Conference, in Macau, later in the week.

2019 Rehabilitation International Asia-Pacific Conference (Macau) – 26 to 28 June

The Theme of this 3-Day Conference, in #Macau, was Together, Leaving No One Behind, In Disability-Inclusive & Rights-Based Progress.  Attended by 1,500 delegates from 30 different countries, the event also gathered together more than 250 international experts, practitioners, academics and researchers from all over the world.

Two Exhibitions, visited by 6,000 people, were organized alongside the Conference: 1) ‘Facilitation and Mobility Aids + Assistive Technologies’ … and 2) ‘Art’.

It is worthwhile noting  that #China ratified the U.N. Convention on the Rights of Persons with Disabilities (#CRPD) on 1 August 2008 … but has not yet signed, never mind ratified, the Convention’s Optional Protocol … a clear signal of current political intent which, hopefully, will change in the not-too-distant future.  Every year, Hong Kong and Macau submit reports to Beijing regarding CRPD compliance status and implementation.

Colour photograph showing CJ Walsh, as he addresses a Plenary Session on Fire Safety for All – Nobody Left Behind ! at the 2019 Rehabilitation International Asia-Pacific Region Conference, in Macau.  Click to enlarge.

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Colour image showing the Matrix of ‘Fire Safety for All’ … a Priority Theme of Sustainable Fire Engineering … which is particularly concerned with the fire safety of #PwAL’s (People with Activity Limitations), but also with #PwD’s (People with Disabilities).  After the 2017 Grenfell Tower Fire, in London, it is important that these concerns stretch to include the #Poor, #Refugees and #Migrants.  Click to enlarge.

Without being able to use a #Lift/#Elevator for Fire Evacuation in a building … there is No Fire Safety for All !

In a developing fire incident, People with Activity Limitations must be provided with a safe, alternative evacuation route – just like all other building users – which is a Fundamental Principle of all Fire Engineering.  However … just one #User/#Occupant Fire Evacuation Lift/Elevator in a building is an empty, meaningless, Token Gesture !

Colour photograph showing the participants from 30 different countries who attended the 2019 Rehabilitation International Asia-Pacific Region Conference.  The venue was The Venetian Macau Hotel.  Click to enlarge.

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Fire Safety for All must be considered at the start of the Design Process.  Colour image explaining how #Buildings must remain #Serviceable, not merely Structurally Stable, for a minimum Required Period of Time.  Click to enlarge.

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‘Fire Safety for All’ on Macau TV News … Friday night, 28 June 2019 … my friend and colleague, Ar Joseph Kwan (Architect & Accessibility Consultant based in Hong Kong), is the person being interviewed …

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Hong Kong Institute of Architects CPD Seminar – 24 June 2019

Continuing Professional Development (#CPD) is an important aspect of Ethical Architectural Practice.  Arriving drenched in a heavy rain downpour on the Monday evening … I was not surprised, therefore, to find that this Seminar was well attended by local architects.  Representatives of HK Authorities Having Jurisdiction (#AHJ’s), and Local Fire Services, as well as senior personnel involved in the development of the HK Code of Practice for Fire Safety in Buildings and the HK Barrier Free Design Manual were active participants in the panel discussion afterwards.

Colour image showing the Title Page of CJ Walsh’s Keynote CPD Presentation on ‘Fire Safety for All – Nobody Left Behind !’.  This Page also signals how ‘Fire Safety for All’ is integrated into the wider context of Sustainable Design.  Click to enlarge.

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Colour photograph showing CJ Walsh, as he makes a Keynote CPD Presentation on ‘Fire Safety for All – Nobody Left Behind !’ in the offices of the Hong Kong Institute of Architects.  Click to enlarge.

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Every Person Has A Human Right To A Nationality !

2019-04-08:  A much needed ‘quickie’ for these worrisome times … a reminder for spineless politicians and an introduction for mindless citizens !

This is the United Nations

Colour photograph showing the Headquarters Building of the United Nations, in New York City.  Click to enlarge.

And these are Articles 13, 14 and 15 of the Universal Declaration of Human Rights … a fundamental constitutive document of the United Nations … which was adopted by the U.N. General Assembly, on 10 December 1948:

Article 13

  1. Everyone has the right to freedom of movement and residence within the borders of each State.
  2. Everyone has the right to leave any country, including his/her own, and to return to his/her country.

Article 14

  1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
  2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his/her nationality, nor denied the right to change his/her nationality.

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#InternationalLaw #HumanRights #UDHR #UN #SocialSolidarity #Resilience #Sustainability

Rigorous Implementation Of Environmental Law – A Priority !

2019-03-17:  Saint Patrick’s Day …

The United Nations Environment Programme (UNEP – https://www.unenvironment.org/) has recently published the First Global Report on Environmental Rule of Law … which finds weak enforcement to be a global trend that is exacerbating environmental threats, despite the prolific growth in environmental laws and agencies worldwide over the last four decades.

The answer, of course, is rigorous implementation of environmental law … most particularly in those developed countries which have amassed their riches, over past centuries, from the plunder of natural, human and cultural resources in Central & South America, Africa and Asia.

UNEP: ‘Environmental Rule of Law – First Global Report’ (2019)

Download The Full UNEP Report Here … https://www.unenvironment.org/resources/assessment/environmental-rule-law-first-global-report   (PDF File, 30.76 MB)

Executive Summary

If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected, and enforced … and the benefits of environmental protection are enjoyed by people and the planet.  Environmental rule of law offers a framework for addressing the gap between environmental laws on the books and in practice, and is key to achieving the U.N. Sustainable Development Goals.

Environmental laws have grown dramatically over the last three decades, as countries have come to understand the vital linkages between environment, economic growth, public health, social cohesion, and security.  As of 2017, 176 countries have environmental framework laws; 150 countries have enshrined environmental protection or the right to a healthy environment in their constitutions; and 164 countries have created cabinet-level bodies responsible for environmental protection.  These and other environmental laws, rights, and institutions have helped to slow – and in some cases to reverse – environmental degradation and to achieve the public health, economic, social, and human rights benefits which accompany environmental protection.

The 1972 United Nations Conference on the Human Environment brought the global environment into the public consciousness, leading to the establishment of the United Nations Environment Programme.  Following the 1992 United Nations Conference on Environment and Development (known as the Rio Earth Summit), many countries made a concerted effort to enact environmental laws, establish environment ministries and agencies, and enshrine environmental rights and protections in their national constitutions.  By the 2012 United Nations Conference on Sustainable Development, the focus had shifted to implementation of environmental laws, which is where progress has waned.

Too often, implementation and enforcement of environmental laws and regulations falls far short of what is required to address environmental challenges.  Laws sometimes lack clear standards or necessary mandates.  Others are not tailored to national and local contexts and so fail to address the conditions on the ground.  Implementing ministries are often underfunded and politically weak in comparison to ministries responsible for economic or natural resource development.  And while many countries are endeavouring to strengthen implementation of environmental law, a backlash has also occurred as environmental defenders are killed and funding for civil society restricted.  These shortfalls are by no means limited to developing nations: reviews of developed nations have found their performance on environmental issues lacking in certain respects.  In short, environmental rule of law is a challenge for all countries.  This Report discusses the range of measures that countries are adopting to address this implementation gap – and to ensure that rule of law is effective in the environmental sphere.

As the first assessment of the global environmental rule of law, this Report draws on experiences, challenges, viewpoints, and successes of diverse countries around the world, highlighting global trends as well as opportunities for countries and partners to strengthen the environmental rule of law.

The Report highlights the need to undertake a regular global assessment of the state of environmental rule of law.  To track progress nationally and globally, it is necessary to utilize a set of consistent indicators.  The Report proposes an indicator framework for environmental rule of law and highlights existing datasets that may be utilized in support of the global assessment.

The Report also calls for a concerted effort to support countries in pilot testing approaches to strengthen environmental rule of law.  Such an initiative could support testing of approaches in diverse contexts, and then adapting them before scaling them up.  It should also foster exchange of experiences between jurisdictions to foster learning.

In addition to these two cross-cutting recommendations, the Report highlights numerous actionable steps that States can take to support environmental rule of law.  For example, States can evaluate the current mandates and structure of environmental institutions to identify regulatory overlap or underlap.  States and partners can build the capacity of the public to engage thoughtfully and meaningfully with government and project proponents.  They can prioritize protection of environmental defenders and whistle-blowers.  States may consider the creation of specialized environmental courts and tribunals, and use administrative enforcement processes to handle minor offences.  And there is an ongoing need to research which approaches are effective under what circumstances.

The benefits of environmental rule of law extend far beyond the environmental sector.  While the most direct effects are in protection of the environment, it also strengthens rule of law more broadly, supports sustainable economic and social development, protects public health, contributes to peace and security by avoiding and defusing conflict, and protects human and constitutional rights.  As such, it is a growing priority for all countries.

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