Accessible Fire Engineering

10 Years After 9-11 … Are Our Buildings & Firefighters Safer ??

2011-09-11:  From the beginning of the past week, news media (printed and on-line), and the television and radio schedules have all been full of articles, stories, opinions, and interpretative and speculative pieces about the 9-11 World Trade Center (WTC) Incident in New York, and its tragic aftermathToday is the 10th Anniversary … a long ten years since that sunny Tuesday morning in Manhattan !

BUT … is anybody out there asking the questions: “Are Our Buildings Safer ?” … and … “Are Our Firefighters Safer ?”   AND … if you do ask those questions … are you able to distinguish between solid, reliable information and ‘spin’ ?

So many Irish people, and people of Irish descent, were directly involved in this traumatic event … working inside the WTC offices, as stockbrokers … or outside, as maintenance personnel, or firefighters, policemen and women, or as members of the emergency medical services …

Colour photograph showing the thick cloud of toxic dust and debris spreading rapidly throughout lower Manhattan, and beyond, after the Second Tower Collapse (WTC 1/North Tower) just before 10.30 hrs (local time) on the morning of 11 September 2001. Earlier, seismic sensors located 160 Km away had recorded the time and intensity of the First Tower Collapse (WTC 2/South Tower) at 09.59 hrs (local time). Click to enlarge.
Colour photograph showing the thick cloud of toxic dust and debris spreading rapidly throughout lower Manhattan, and beyond, after the Second Tower Collapse (WTC 1/North Tower) just before 10.30 hrs (local time) on the morning of 11 September 2001. Earlier, seismic sensors located 160 Km away had recorded the time and intensity of the First Tower Collapse (WTC 2/South Tower) at 09.59 hrs (local time). Click to enlarge.

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REALPOLITIK

The previous post about the United Nations Gaza Flotilla Report, I hope, created an uncertainty in your mind … a worrying thought regarding political interference and the negative, and very often, destructive influence of vested interests … which is a necessary frame of mind to have, also, for an essential discussion – on the 10th Anniversary of the 9-11 WTC Incident – about the Safety of Our Buildings, particularly High-Rise Buildings, Iconic Buildings, and those Buildings having a Critical Function and/or an Innovative Design … and the Safety of Our Firefighters.

By ‘Our Buildings’ … I don’t just mean buildings in Ireland, or Europe … I mean buildings on every continent of our small planet.  And … such a discussion must be trans-disciplinary, involving the use of simple language only … because it is necessary for each discipline to clearly understand what the others are saying (this rarely happens !) … and the discussion must also be transparent to, and be easily assimilated by, the general population in all of our societies.  And by ‘Our Firefighters’ … I mean firefighters worldwide.

Concerning the Gaza Flotilla Report … we could ask …

  • Would the Findings and Recommendations have been different … if there had been 4 independent and obviously impartial people on the Panel of Inquiry instead ?   The answer is … yes, of course !   And …
  • Why did UN Secretary-General Ban Ki-moon nominate President Álvaro Uribe (Vice-Chair), an ‘ultra’ rightwing politician from Columbia … and Mr. Joseph Ciechanover Itzhar, an Israeli, to serve on the Panel ?   I will leave you to answer that for yourself …

The important point I wish to make is that the community of International Fire Science and Engineering – just like every other ‘human’ community – is not immune from these sorts of malevolent influences !

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Colour photograph showing advanced clean up operations at the World Trade Center Complex after 11 September 2001. Fires continued to smoulder for weeks after the Incident. Click to enlarge.
Colour photograph showing advanced clean up operations at the World Trade Center Complex after 11 September 2001. Fires continued to smoulder for weeks after the Incident. Click to enlarge.

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LONG-TERM ENVIRONMENTAL IMPACTS OF 9-11

Just five weeks after the 9-11 World Trade Center (WTC) Incident in New York … I found myself in Manhattan for the purpose of making an important presentation to a conference which was taking place not far from Madison Square Garden … while staying Down-Town in Battery Park City, at an apartment within the Security Zone.  Yes, I was worried and fearful before going … but …

Environmental Impact:  Any effect caused by a given activity on the environment, including human health, safety and welfare, flora, fauna, soil, air, water, and especially representative samples of natural ecosystems, climate, landscape and historical monuments or other physical structures, or the interactions among these factors; it also includes effects on accessibility, cultural heritage or socio-economic conditions resulting from alterations to those factors.

On first arriving in the city, by taxi from Kennedy Airport … I witnessed, at first hand, the racist hostility of a policeman towards our coloured Asian driver, who had simply asked about the procedure to pass through the Security Zone Boundary.  Later, walking near the WTC Site, I would encounter the ‘macho’ behaviour of many National Guardsmen on security duty.

At the conference, I met a person who was literally unable to speak – could not even bear to talk about – the 9-11 Incident.

Everywhere south of Canal Street was in a terrible, horrific condition.

The weather, fortunately, had remained generally very good … sunny, with a light breeze coming in from the sea.  Then, unexpectedly, one day towards the end of my stay … the sky was overcast and the air stood still … in lower Manhattan, it assaulted my eyes, nose and the back of my throat.  Many times, during that particular day, I retched … but could not vomit !   Yet, a representative of the U.S. EPA (Environmental Protection Agency) announced that there was no problem with air quality !   Meanwhile, in Mid-Town, everything ‘appeared’ normal.

10 Years Afterwards … people, communities and the country (USA) are all still suffering … physically, mentally and psychologically … from the 9-11 WTC Incident … unable to ask for help, or perhaps, too proud or ashamed to speak up.

September 2001 – World Health Organization

WHO: How to Address Psychosocial Reactions to Catastrophe

Click the Link Above to read and/or download PDF File (12.5 kb)

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10 YEARS AFTER 9-11 – ARE OUR BUILDINGS & FIREFIGHTERS SAFER ?

Or to put it in a more technical way … how are the Critical Recommendations contained in the 2005 & 2008 NIST(USA) Reports on the 9-11 WTC Buildings 1, 2 & 7 Collapses being implemented ?   And, what is the quality of that implementation ?

At this time, two years ago … I asked …

  • Why are so many Key Institutions and Organizations in the International Building Sector still desperately trying to ignore and/or deny the Recommendations in those 2 NIST Reports ?
  • Why have National Building and Fire Codes/Regulations and Standards not yet been revised to respond, properly and satisfactorily, to the NIST Recommendations ?
  • Why can we not yet use All Lifts (Elevators) in a Building during a fire incident ?   Why are Lift (Elevator) Manufacturers still actively resisting this necessary change ?

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Colour image showing an Ostrich with its Head in the Sand ... an accurate description of the International 'Technical' Reaction to the 9-11 WTC Incident ... "it never happened" ... or "it was a unique event, and it will never happen again" ... or "this unusual event only has implications for very, very, very tall buildings" ... blah, blah, blah !!
Colour image showing an Ostrich with its Head in the Sand ... an accurate description of the International 'Technical' Reaction to the 9-11 WTC Incident ... "it never happened" ... or "it was a unique event, and it will never happen again" ... or "this unusual event only has implications for very, very, very tall buildings" ... blah, blah, blah !!

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The answers to the questions are NO … and NO … minor revisions (tinkering at the edges) have been made to Codes/Regulations & Standards in some countries … and, generally, progress on implementing the NIST Recommendations is proving to be very slow … too slow !   Most surprisingly, no revisions have been made to Codes/Regulations & Standards in many countries.

To illustrate tinkering at the edges … refer to the USA’s International Building Code (2012 Edition) … which, despite its grandiose title, is really just another of the USA’s National Model Building Codes … and check out this very disappointing Article: ‘Evolution of Building Code Requirements in a Post 9/11 World’, by David Drengenberg and Gene Corley, in the recently published Special Issue III (2011) of the Council on Tall Buildings and Urban Habitat (CTBUH) Journal … which is available at  http://www.ctbuh.org/

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Progress at the National Fire Protection Association (NFPA), in the USA, is a little more apparent … but still, far too little and far too slow.  Check out this recent Special 9-11 Report: ‘A Decade of Difference’, by Fred Durso Jr … on the NFPA WebSite … http://www.nfpa.org/publicJournalDetail.asp?categoryID=2248&itemID=53000&src=NFPAJournal

And … released earlier this year, NFPA’s Third Needs Assessment of the U.S. Fire Service has identified ‘areas of ongoing concern’ !!

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To Be Continued …

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END

Building Design Must Improve Firefighter Safety in Fire Incidents !

2011-07-05 … 
It has been a harsh experience to leave the last post undisturbed for a few weeks !   It was necessary … and I feel better as a result.
 

Back to the present … and in any jurisdiction, news of  Firefighter Fatalities and/or Injuries is very distressing.  It has been remarkable to note, however, how some countries, e.g. Japan, are expending significant time and resources on developing innovative ways to improve firefighter safety in buildings … while most countries are not.  Over many years, I have formed the clear impression that, generally, firefighters are regarded in much the same way as soldiers, i.e. they are a disposable asset … ‘Theirs not to reason why / Theirs but to do and die’ … etc., etc.  This situation is entirely unacceptable, and in need of urgent resolution !

On 6th & 7th July … in Cardiff, Wales … I have been invited by the International President of the Institution of Fire Engineers (IFE), Mr. HG Tay, to make a presentation on ‘Sustainable Fire Engineering’ at the 2011 IFE International Fire Conference and Annual General Meeting.  I am greatly honoured by this invitation.

During the course of that presentation, I will be referring to Firefighter Safety … but much more needs to be said, beforehand, in relation to the untapped contribution of building design to greater levels of firefighter safety …

INTRODUCTION

It may be obvious for some (but, believe me, not for all !) that with regard to fighting fires in buildings … Firefighters have 2 Basic Functions :

  • to rescue people who are trapped in a Fire Building (i.e. a building which is on fire) … or people who, for some reason, cannot independently evacuate the building (e.g. people with activity limitations) ;   and
  • to fight those fires, and ensure that they are properly extinguished.

Note:  Extinction of a fire is confirmed only after a thorough visual inspection by a competent person.

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DESIGN & CONSTRUCTION

In a previous post, dated 13 December 2010 I said that it was no longer ethically acceptable to ignore the issue of Firefighter Safety in the design and construction of buildings … because design can make a major contribution to their safety.

Unfortunately, Firefighter Safety must continue to remain an ethical issue because Building Regulations in most countries rarely, if ever, refer to this important aspect of design and construction.  Safety at Work Legislation has a related, but different, intent.

Regrettably, most of the building design professions either have no Code of Ethics … or there is a Code which is ‘lite-lite-lite’, i.e. very weak on ethics … or, worse still, they have a Code … but it is called a Code of Professional Conduct, the principal intent of which is to preserve and protect the profession and its vested interests.

At European Level …

Essential Requirements 1 & 2 (of 6 … for the time being) … in Annex I of European Union (EU) Council Directive 89/106/EEC, of 21 December 1988, on the approximation of laws, regulations and administrative provisions of the Member States relating to Construction Products … state the following …

1. Mechanical Resistance & Stability

The construction works must be designed and built in such a way that the loadings that are liable to act on it during its construction and use will not lead to any of the following:

(a) collapse of the whole or part of the works ;

(b) major deformations to an inadmissible degree ;

(c) damage to other parts of the works or to fittings or installed equipment as a result of major deformation of the load-bearing construction ;

(d) damage by an event to an extent disproportionate to the original cause.

2. Safety in Case of Fire

The construction works must be designed and built in such a way that in the event of an outbreak of fire:

– the load-bearing capacity of the construction can be assumed for a specific period of time ;

– the generation and spread of fire and smoke within the works are limited ;

– the spread of the fire to neighbouring construction works is limited ;

– occupants can leave the works or be rescued by other means ;

– the safety of rescue teams is taken into consideration.

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Sweden … has incorporated all 6 Essential Requirements of EU Construction Products Directive 89/106/EEC into its National Building Regulations … but has omitted the reference to the ‘safety of rescue teams’, i.e. Firefighter Safety.  Why is that ?

Ireland, along with England & Wales, has not incorporated the EU CPD Essential Requirements into its National Building Regulations.  There is no requirement, in Part B of the Building Regulations of either of these two separate jurisdictions, to consider Firefighter Safety in the design and construction of buildings.

In these three specific cases, taken as a simple example, this is a serious legal flaw … especially since the European Template, above, has existed since the late 1980’s !

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Let me illustrate how Building Design & Construction can make a major contribution to improved levels of Firefighter Safety …

     A.  Accessible Internal Staircases Having Sufficient Unobstructed Width

From a building user’s point of view … the success of a building depends, to a large extent, on the ‘quality’ of its circulation spaces.  During the design process, however, an architect is typically concerned with the relationship between different functions and spaces … while, at the same time, he/she is shaping and moulding the internal and external forms of the building.

The full range of tasks and activities in these circulation spaces is rarely, if ever, considered by the building designer.  The subject is not covered in Architectural Schools … and in later professional life, a reluctance to carry out Building Post-Occupation Evaluations (POE’s) reinforces this low level of awareness.

Some Tasks & Activities in Building Circulation Spaces …

  • Access to the building’s spaces and use of its services and facilities ;
  • Egress from the building during normal, everyday circumstances ;
  • Independent Evacuation, in the event of an emergency ;
  • Assisted Evacuation by others, or Rescue by Firefighters, for those building users who cannot independently evacuate the building, e.g. people with activity limitations ;
  • Firefighter Access & Reconnaissance, in the event of an emergency ;
  • Firefighter Attack, as they approach the proximity of the fire scene ;
  • Firefighter Removal from the building, by colleagues, in the event of injury, impairment, or a fire event induced health condition ;
  • Firefighter Withdrawal at the successful conclusion of firefighting operations.

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Colour photograph showing an injured, or impaired, firefighter being assisted by two colleagues in an upward staircase removal exercise. For reasons outlined in a previous post (2010-12-13) ... all three firefighters must continue to wear full Personal Protection Equipment (PPE) ... and use Self-Contained Breathing Apparatus (SCBA). Click to enlarge.
Colour photograph showing an injured, or impaired, firefighter being assisted by two colleagues in an upward staircase removal exercise. For reasons outlined in a previous post (2010-12-13) ... all three firefighters must continue to wear full Personal Protection Equipment (PPE) ... and use Self-Contained Breathing Apparatus (SCBA). Click to enlarge.

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The photograph above was extracted from this  2010 Poster Presentation

Daniel DiRenzo, Cherry Hill Fire Department, New Jersey, USA

Building Fires – Personal Harness Use – Firefighter Removals

Click the Link Above to read and/or download PDF File (1.73 Mb)

No matter what the jurisdiction … no matter what Building Regulations do or do not require … it is clear that, during a ‘real’ fire emergency, patterns of circulation are not simple … and they cannot easily be segregated into categories with simple titles.  They are complex … and, quite often, they overlap.

In the case of the firefighter removal on a staircase (shown above) … there is a necessity to consider another type of ‘Contraflow’ … where the injured, or impaired, firefighter with two of his/her colleagues rendering assistance are together moving away from the scene of the fire … while other firefighters are moving in the opposite direction, towards the fire.

In all but the most simple and smallest building types, this is what a Fire Evacuation Staircase should look like below … having a clear unobstructed staircase width, between handrails, of 1500 mm … with a stair going/tread of 300 mm, and a stair riser of 150 mm.  Proper attention by the designer to Accessibility Design Criteria will also make the staircase far, far easier … and safer … for Firefighter Movement …

Colour drawing taken from International Standard ISO FDIS 21542, and associated inset photographs ... showing a Fire Evacuation Staircase suitable for All Building Types, which is designed for Firefighter Safety. The staircase is also designed to accommodate Building User Evacuation/Firefighter Contraflow, illustrated with an inset colour photograph ... the Rescue/Assisted Evacuation of People with Activity Limitations, also illustrated with an inset colour photograph ... and the Use of a Stretcher. The staircase design is based on the work of CJ Walsh. Click to enlarge.
Colour drawing taken from International Standard ISO FDIS 21542, and associated inset photographs ... showing a Fire Evacuation Staircase suitable for All Building Types, which is designed for Firefighter Safety. The staircase is also designed to accommodate Building User Evacuation/Firefighter Contraflow, illustrated with an inset colour photograph ... the Rescue/Assisted Evacuation of People with Activity Limitations, also illustrated with an inset colour photograph ... and the Use of a Stretcher. The staircase design is based on the work of CJ Walsh. Click to enlarge.

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     B.  Accessible Façade Walkways in High-Rise Buildings

With today’s powerful drivers of greater energy conservation and efficiency in buildings, adaptation to climate change, and a paradigm shift in thinking on the reduction of adverse environmental impact by buildings … External Façade Design is rapidly evolving … becoming far more complex and, in many cases, comprising multiple ‘skins’.

Just check out this architectural feature, below, in an Osaka (Japan) High-Rise Hotel … which not only serves as an accessible route for evacuation and/or rescue in the event of a fire incident … but also permits much easier access for maintenance and window cleaning.

This architectural feature should be mandatory in the case of high-rise buildings with a single, central core …

Colour photograph showing the High-Rise Swissôtel Nankai in Osaka, Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
Colour photograph showing the High-Rise Swissôtel Nankai in Osaka, Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.

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Colour photograph showing the External Walkway on the Building Façade of the High-Rise Swissôtel Nankai in Osaka, Japan. Photograph by CJ Walsh. 2010-04-19. Click to enlarge.
Colour photograph showing the External Walkway on the Building Façade of the High-Rise Swissôtel Nankai in Osaka, Japan. Photograph by CJ Walsh. 2010-04-19. Click to enlarge.

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Colour photograph showing the Hotel Room Evacuation Panel to the External Façade Walkway, which can also facilitate rescue by firefighters during a fire incident. Photograph by CJ Walsh. 2010-04-19. Click to enlarge.
Colour photograph showing the Hotel Room Evacuation Panel to the External Façade Walkway, which can also facilitate rescue by firefighters during a fire incident. Photograph by CJ Walsh. 2010-04-19. Click to enlarge.

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Building Design can make a substantial contribution to greater Firefighter Safety !!

BUT … who is raising the awareness of building designers about this issue ???

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END

Personal Ethics – The Heart of Sustainability Implementation !

2011-02-15 …

Regular visitors, here, will have very little doubt about my understanding of Sustainable Human & Social Development … which is an intricate, open, dynamic and continuously evolving concept.  And about my firm conviction that Sustainable Design involves far more than merely substituting the word ‘sustainable’ … for ‘green’, ‘ecological’ or ‘environment-friendly’ … or any number of insipid alternatives which still regularly appear in the popular and/or academic media !   Who, in their right minds, wouldn’t be confused ?!?

‘Sustainability’ is Not … and Cannot … be just another graft onto Conventional Design Practice … whether that be Spatial Planning, Architectural / Engineering / Industrial Design or e-Design !

Sustainable Design & Construction … is the creative and ethical response, in resilient built or wrought (worked) form, to the concept of ‘Sustainable Human & Social Development’.

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SUSTAINABILITY IMPLEMENTATION

Opinion:  At the Heart of Implementation which is Authentically ‘Sustainable’ … (a colleague of mine is very fond of using that word ‘authentic’) … must lie a Personal Code of Ethics.  By that, I do Not mean … and I am Not referring to … a Professional Code of Conduct … which is mainly about the self-protection and self-preservation of a professional class !

Everyday Reality:  If we examine, for a moment, two interesting examples … Climate Change Mitigation & Adaptation or the 9-11(2001) Collapses of World Trade Center Buildings 1, 2 & 7 in New York … such is the great time-lag between general societal recognition of a critical design challenge … and then, the passing of relevant national legislation which can really only demarcate a minimal threshold of performance … and next, the associated production of standardized design guidelines … and finally, the imposition of effective monitoring and verification procedures … that the only practical approach is to base Sustainability Implementation on a robust Personal Code of Ethics … with an overt emphasis on Continuing Professional Development (CPD).

I hasten to add that this is not how we (society) are currently educating the design disciplines … and this is not how the professional institutes are operating.

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PERSONAL CODE OF ETHICS

For many years, in my presentations around Europe, the Arab Gulf Region, India and South America … I have been actively promoting the WFEO/FMOI (UNESCO) Model Code of Ethics as a suitable template for use by all of the design-related disciplines.  Recently, however, our Organization … Sustainable Design International … has undertaken a major review of this 2001 Code, and produced a 2011 Update which tackles the following matters of major concern in our world of shameful waste and social inequality:

  • Sustainable Human & Social Development ;
  • Climate Change Mitigation & Adaptation ;
  • Strengthening the Voice of Vulnerable Social Groups, particularly People with Activity Limitations.

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WFEO/FMOI (UNESCO)

World Federation of Engineering Organizations – Fédération Mondiale des Organisations d’Ingénieurs

MODEL CODE OF ETHICS

Since 1990, WFEO/FMOI has worked to prepare a Code of Ethics under the supervision of Donald Laplante (Canada), David Thom (New Zealand), Bud Carroll (USA), and others.  It is expected that the Model Code, adopted in 2001, will be used to define and support the creation of codes in member and related professional institutions.  This version of the Model Code was updated by C.J. Walsh (Ireland) in 2011.

CONTENTS

                   I.            BROAD PRINCIPLES

II.            PRACTICE PROVISION ETHICS

III.            ETHICS OF SUSTAINABLE ENGINEERING

IV.           CONCLUSION

INTERPRETATION OF THE CODE

  • Sustainable Development & Climate Change
  • Protection of the Public, and the Natural Environment
  • Faithful Agent of Clients and Employers
  • Competence & Knowledge
  • Fairness and Integrity in the Workplace
  • Professional Accountability & Leadership

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WFEO/FMOI MODEL CODE OF ETHICS

I.  BROAD PRINCIPLES

Ethics is generally understood as the discipline or field of study dealing with moral duty or obligation.  This typically gives rise to a set of governing principles or values, which in turn are used to judge the appropriateness of a particular conduct or behaviour.  These principles are usually presented either as broad guiding principles of an idealistic or inspirational nature or, alternatively, as a detailed and specific set of rules couched in legalistic or imperative terms to make them more enforceable.  Professions which have been given the privilege and responsibility of self regulation, including the engineering professions, have tended to opt for the first alternative, espousing sets of underlying principles as codes of professional ethics which form the basis and framework for responsible professional practice.  Arising from this context, professional codes of ethics have sometimes been incorrectly interpreted as a set of ‘rules’ of conduct intended for passive observance.  A more appropriate use by practicing professionals is to interpret the essence of the underlying principles within their daily decision-making situations in a dynamic manner, responsive to the needs of the situation.  As a consequence, a code of professional ethics is more than a minimum standard of conduct ;  rather, it is a set of principles which should guide professionals in their daily work.

In summary, the Model Code presented herein elaborates the expectations of engineers and society in discriminating engineers’ professional responsibilities.  The Code is based on broad principles of truth, honesty and trustworthiness, respect for human life and social wellbeing, fairness, openness, competence and accountability.  Some of these broader ethical principles or issues deemed more universally applicable are not specifically defined in the Code, although they are understood to be applicable as well.  Only those tenets deemed to be particularly applicable to the practice of professional engineering are specified.  Nevertheless, certain ethical principles or issues not commonly considered to be part of professional ethics should be implicitly accepted to judge the engineer’s professional performance.

Issues regarding protection of the natural environment, climate change mitigation and adaptation, and sustainable development know no geographical boundaries.  The engineers and citizens of all nations should know and respect the ethics of sustainability.  It is desirable, therefore, that engineers in each nation continue to observe the philosophy of the Principles of Sustainable Ethics, as delineated in Section III of this code.

II.  PRACTICE PROVISION ETHICS

Professional engineers shall:

  • hold paramount the safety, health and wellbeing of the public, particularly people with activity limitations, indigenous peoples and other vulnerable groups in society … and the protection of both the natural and the built environments in accordance with the Principles of Sustainable Human & Social Development ;
  • promote health and safety within the workplace ;
  • offer services, advise on or undertake engineering assignments only in areas of their competence, and practice in a careful and diligent manner ;
  • act as faithful agents of their clients or employers, maintain confidentially and disclose conflicts of interest ;
  • keep themselves informed in order to maintain their competence, strive to advance the body of knowledge within which they practice and provide opportunities for the professional development of their subordinates and fellow practitioners ;
  • conduct themselves with fairness, and good faith towards clients, colleagues and others, give credit where it is due and accept, as well as give, honest and fair professional criticism ;
  • be aware of and ensure that clients and employers are made aware of the environmental and socio-economic consequences of actions or projects, and endeavour to interpret engineering issues to the public in an objective and truthful manner ;
  • present clearly to employers and clients the possible consequences of overruling or disregarding engineering decisions or judgment ;
  • report to their association and/or appropriate agencies any illegal or unethical engineering decisions or practices of engineers or others.

III.  ETHICS OF SUSTAINABLE ENGINEERING

Engineers, as they develop any professional activity, shall:

  • try with the best of their ability, courage, enthusiasm and dedication, to obtain a superior technical achievement, which will contribute to and promote a healthy and agreeable surrounding for all people, including indigenous peoples and other vulnerable social groups, in open spaces as well as indoors ;
  • strive to accomplish the beneficial objectives of their work with the lowest possible consumption of raw materials and energy and the lowest production of wastes and any kind of pollution ;
  • discuss in particular the consequences of their proposals and actions, direct or indirect, immediate or long term, upon human health, social equity and the local culture and system of values ;
  • study thoroughly the environment that will be affected, assess all the impacts that might arise in the structure, dynamics and aesthetics of the eco-systems involved, urbanized or natural, as well as in the pertinent socio-economic systems … and select the best alternative for development which is environmentally sound, resilient to climate change and sustainable ;
  • promote a clear understanding of the actions required to restore and, if possible, to improve the environment that may be disturbed, and include them in their proposals ;
  • reject any kind of commitment that involves unfair damages for human surroundings and nature, and aim for the best possible technical, socio-economic, and political solution ;
  • be aware that the principles of eco-system interdependence, biodiversity maintenance, resource recovery and inter-relational harmony form the basis of humankind’s continued existence and that each of these bases poses a threshold of sustainability that should not be exceeded.

IV. CONCLUSION

Always remember that war, greed, misery and ignorance, plus natural disasters and human-induced pollution, climate change and destruction of resources, are the main causes for the progressive impairment of the environment and that engineers, as active members of society, deeply involved in the promotion of development, must use our talent, knowledge and imagination to assist society in removing those evils and improving the quality of life for all people, including indigenous peoples and other vulnerable groups.


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INTERPRETATION OF THE WFEO/FMOI MODEL CODE

The interpretive articles which follow expand on and discuss some of the more difficult and inter-related components of the Code, especially with regard to the Practice Provisions.  No attempt is made to expand on all clauses of the Code, nor is the elaboration presented on a clause-by-clause basis.  The objective of this approach is to broaden the interpretation, rather than narrow its focus.  The ethics of professional engineering is an integrated whole and cannot be reduced to fixed ‘rules’.  Therefore, the issues and questions arising from the Code are discussed in a general framework, drawing on any and all portions of the Code to demonstrate their inter-relationship and to expand on the basic intent of the Code.

Sustainable Development & Climate Change

Engineers shall strive to enhance the quality, durability and climate change resilience of the Human Environment (including the built, social, economic and virtual environments), and to promote the Principles of Sustainable Human & Social Development.

Engineers shall seek opportunities to work for the enhancement of safety, health, and the social wellbeing of both their local community and the global community through the practice of sustainable development.

Engineers whose recommendations are overruled or ignored on issues of safety, health, social wellbeing, or sustainable development, shall inform their contractor or employer of the possible consequences.

Protection of the Public, and the Natural Environment

Professional Engineers shall hold paramount the safety, health and wellbeing of the public, including people with activity limitations, indigenous peoples and other vulnerable groups in society … and protection of the natural environment.  This obligation to the safety, health and wellbeing of the general public, which includes his/her own work environment, is often dependent upon engineering judgments, risk assessments, decisions and practices incorporated into structures, machines, products, processes and devices.  Therefore, engineers must control and ensure that what they are involved with is in conformity with accepted engineering practices, standards and applicable codes, and would be considered safe based on peer adjudication.  This responsibility extends to include all and any situations which an engineer encounters, and includes an obligation to advise the appropriate authority if there is reason to believe that any engineering activity, or its products, processes, etc., do not conform with the above stated conditions.

The meaning of paramount in this basic tenet is that all other requirements of the Code are subordinate, if protection of public safety, the natural environment or other substantive public interests are involved.

Faithful Agent of Clients and Employers

Engineers shall act as faithful agents or trustees of their clients and employers with objectivity, fairness and justice to all parties.  With respect to the handling of confidential or proprietary information, the concept of ownership of the information and protecting that party’s rights is appropriate.  Engineers shall not reveal facts, data or information obtained in a professional capacity without the prior consent of its owner.  The only exception to respecting confidentially and maintaining a trustee’s position is in instances where the public interest or the natural environment is at risk, as discussed in the preceding section ;  but even in these circumstances, the engineer should endeavour to have the client and/or employer appropriately redress the situation, or at least, in the absence of a compelling reason to the contrary, should make every reasonable effort to contact them and explain clearly the potential risks, prior to informing the appropriate authority.

Professional Engineers shall avoid conflict of interest situations with employers and clients but, should such conflict arise, it is the engineer’s responsibility to fully disclose, without delay, the nature of the conflict to the party/parties with whom the conflict exists.  In those circumstances where full disclosure is insufficient, or seen to be insufficient, to protect all parties’ interests, as well as the public, the engineer shall withdraw totally from the issue or use extraordinary means, involving independent parties if possible, to monitor the situation.  For example, it is inappropriate to act simultaneously as agent for both the provider and the recipient of professional services.  If a client’s and an employer’s interests are at odds, the engineer shall attempt to deal fairly with both.  If the conflict of interest is between the intent of a corporate employer and a regulatory standard, the engineer must attempt to reconcile the difference, and if that is unsuccessful, it may become necessary to inform his/her association and the appropriate regulatory agency.

Being a faithful agent or trustee includes the obligation of engaging, or advising to engage, experts or specialists when such services are deemed to be in the client’s or employer’s best interests.  It also means being accurate, objective and truthful in making public statements on behalf of the client or employer when required to do so, while respecting the client’s and employer’s rights of confidentiality and proprietary information.

Being a faithful agent includes not using a previous employer’s or client’s specific privileged or proprietary information and trade practices or process information, without the owner’s knowledge and consent.  However, general technical knowledge, experience and expertise gained by the engineer through involvement with the previous work may be freely used without consent or subsequent undertakings.

Competence & Knowledge

Professional Engineers shall offer services, advise on or undertake engineering assignments only in areas of their competence by virtue of their training and experience.  This includes exercising care and communicating clearly in accepting or interpreting assignments, and in setting expected outcomes.  It also includes the responsibility to obtain the services of an expert if required or, if the knowledge is unknown, to proceed only with full disclosure of the circumstances and, if necessary, of the experimental nature of the activity to all parties involved.  Hence, this requirement is more than simply duty to a standard of care, it also involves acting with honesty and integrity with one’s client or employer, and one’s self.  Professional Engineers have the responsibility to remain abreast of developments and knowledge in their area of expertise, that is, to maintain their own competence.  Should there be a technologically driven or individually motivated shift in the area of technical activity, it is the engineer’s duty to attain and maintain competence in all areas of involvement including being knowledgeable with the technical and legal framework and regulations governing their work.  In effect, it requires a personal commitment to ongoing professional development, continuing education and self-testing.

In addition to maintaining their own competence, Professional Engineers have an obligation to strive to contribute to the advancement of the body of knowledge within which they practice, and to the profession in general.  Moreover, within the framework of the practice of their profession, they are expected to participate in providing opportunities to further the professional development of their colleagues.

This competence requirement of the Code extends to include an obligation to the public, the profession and one’s peers, that opinions on engineering issues are expressed honestly and only in areas of one’s competence.  It applies equally to reporting or advising on professional matters and to issuing public statements.  This requires honesty with one’s self to present issues fairly, accurately and with appropriate qualifiers and disclaimers, and to avoid personal, political and other non-technical biases.  The latter is particularly important for public statements or when involved in a technical forum.

Fairness and Integrity in the Workplace

Honesty, integrity, continuously updated competence, devotion to service and dedication to enhancing the life quality of society are cornerstones of professional responsibility.  Within this framework, engineers shall be objective and truthful and include all known and pertinent information in professional reports, statements and testimony.  They shall accurately and objectively represent their clients, employers, associates and themselves, consistent with their academic experience and professional qualifications.  This tenet is more than ‘not misrepresenting’ ;  it also implies disclosure of all relevant information and issues, especially when serving in an advisory capacity or as an expert witness.  Similarly, fairness, honesty and accuracy in advertising are expected.

If called upon to verify another engineer’s work, there is an obligation to inform (or make every effort to inform) the other engineer, whether the other engineer is still actively involved or not.  In this situation, and in any circumstance, engineers shall give proper recognition and credit where credit is due and accept, as well as give, honest and fair criticism on professional matters, all the while maintaining dignity and respect for everyone involved.

Engineers shall not accept, nor offer covert payment or other considerations for the purpose of securing, or as remuneration for, engineering assignments.  Engineers should prevent their personal or political involvement from influencing or compromising their professional role or responsibility.

Consistent with the Code, and having attempted to remedy any situation within their organization, engineers are obligated to report to their association or other appropriate agency any illegal or unethical engineering decisions by engineers or others.  Care must be taken not to enter into legal arrangements which compromise this obligation.

Professional Accountability & Leadership

Engineers have a duty to practice in a careful and diligent manner, and accept responsibility and be accountable for their actions.  This duty is not limited to design, or its supervision and management, but applies to all areas of practice.  For example, it includes construction supervision and management, preparation of drawings, engineering reports, feasibility studies, sustainability impact assessments, engineering developmental work, etc.

The signing and sealing of engineering documents indicates the taking of responsibility for the work.  This practice is required for all types of engineering endeavour, regardless of where or for whom the work is done, including but not limited to, privately and publicly owned firms, large corporations, and government agencies or departments.  There are no exceptions ;  signing and sealing documents is appropriate whenever engineering principles have been used and public wellbeing may be at risk.

Taking responsibility for engineering activity includes being accountable for one’s own work and, in the case of a senior engineer, accepting responsibility for the work of a team.  The latter implies responsible supervision where the engineer is actually in a position to review, modify and direct the entirety of the engineering work.  This concept requires setting reasonable limits on the extent of activities, and the number of engineers and others, whose work can be supervised by the responsible engineer.  The practice of a ‘symbolic’ responsibility or supervision is the situation where an engineer, say with the title of Chief Engineer, takes full responsibility for all engineering on behalf of a large corporation, utility or governmental agency, even though the engineer may not be aware of many of the engineering activities or decisions being made daily throughout the firm or agency.  The essence of this approach is that the firm is taking the responsibility by default, whether engineering supervision or direction is applied or not.

Engineers have a duty to advise their employer and, if necessary, their clients and even their professional association, in that order, in situations when the overturning of an engineering decision may result in breaching their duty to safeguard the public, including people with activity limitations, indigenous peoples and other vulnerable social groups.  The initial action is to discuss the problem with the supervisor/employer.  If the employer does not adequately respond to the engineer’s concern, then the client must be advised in the case of a consultancy situation, or the most senior officer should be informed in the case of a manufacturing process plant or government agency.  Failing this attempt to rectify the situation, the engineer must advise in confidence his/her professional association of his/her concerns.

In the same order as mentioned above, the engineer must report unethical engineering activity undertaken by other engineers, or by non-engineers.  This extends to include, for example, situations in which senior officials of a firm make ‘executive’ decisions which clearly and substantially alter the engineering aspects of the work, or protection of public wellbeing or the natural environment arising from that work.

Because of developments in technology and the increasing ability of engineering activities to impact on the environment, engineers have an obligation to be mindful of the effect that their decisions will have on the environment and the wellbeing of society, and to report any concerns of this nature in the same manner as previously mentioned.  Further to the above, with the rapid advancement of technology in today’s world and the possible social impacts on large populations of people, engineers must endeavour to foster the public’s understanding of technical issues and the role of Engineering more than ever before.

Sustainable development is the challenge of meeting current human needs for natural resources, industrial products, energy, food, transportation, shelter, and effective waste management while conserving and, if possible enhancing, the Earth’s environmental quality, natural resources, ethical, intellectual, working and affectionate capabilities of people and the socio-economic bases essential for the human needs of future generations.  The proper observance of these principles will considerably help to eradicate world poverty.

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WFEO/FMOI Model Code of Ethics, Adopted 2001.

This Version, Updated 2011 & Communicated to UNESCO.

[Footnote to the Code]

Sustainable Human & Social Development:  Development which meets the responsible needs, i.e. the Human & Social Rights*, of this generation – without stealing the life and living resources from future generations, especially our children, their children, and the next five generations of children.

*As defined in the 1948 Universal Declaration of Human Rights

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END

EU Ratification of UN Disability Convention – EFC Legal Study

2011-02-05:  Further to my post, dated 15 January 2011

Many people directly or indirectly involved with Disability-Related Issues in Europe … may not yet know that, a few weeks ago, the European Union ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).  They may not even know that their own country, as a Member State of the European Union, had perhaps already ratified the UN Convention one or two years earlier.

At this time, the majority of Member States have proceeded, voluntarily, to ratify the Convention … with some of those, inexplicably, declining/refusing to ratify the Convention’s Optional Protocol.

Human & Social Rights can be a difficult subject area !

Ireland has not ratified the UN Convention … and, unfortunately, the attitude of many policy-makers and decision-makers within our Irish Institutions of State, large and small, is that it’s business as usual … no need to worry or fuss, or give a damn … until this country does actually sign on the Convention’s bottom line … an attitude which displays a magnificent ignorance of the changed reality, post Lisbon Treaty, which is the European Union’s Current Legal Environment !!

Please examine carefully, for yourselves, the findings of this Legal Study, recently approved for publication by the European Commission …

European Foundation Centre (EFC)

Brussels, October 2010

Study on Challenges and Good Practices in the Implementation of the UN Convention on the Rights of Persons with Disabilities

Click the Link Above to read and/or download PDF File (1.46 Mb)

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EU RATIFICATION OF THE UN CRPD – ASPECTS OF EU LAW

The following are selected extracts from the EFC Study … my selection (!) … to answer specific issues relating to UN CRPD Implementation within the European Union.  Typographical errors in the Study have also been corrected … and, post Lisbon Treaty, references to the EU Treaties have been properly updated …

The legal basis for the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) signals the appropriate legal basis for its implementation within the European Union (EU).  In this respect, and in line with Article 4 of the UN Convention, implementation implies that instruments may be adopted or modified by the Union in order to comply with the Convention and give effect to its provisions and principles.  Although the choice of the legal basis for the decision concluding an international agreement is very important, it is not decisive for implementation.  In European Court of Justice Case C-178/0345, which concerned the implementation of the Rotterdam Convention on International Trade in Hazardous Chemicals, the Court stated that ” the fact that one or more provisions of the Treaty have been chosen as legal bases for the approval of an international agreement is not sufficient to show that those same provisions must also be used as legal bases for the adoption of measures intended to implement that agreement at Community level “.   The latter statement means that EU Treaty provisions other than those mentioned in EU Council Decision 2010/48/EC to conclude the UN CRPD can be used as legal bases to implement UN CRPD obligations in specific fields.

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The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is an international human rights agreement where both the European Union (EU) and its Member States are contracting parties.  The UN Convention is thus a Mixed Agreement.  Mixed Agreements involve a Shared Contractual Relationship between the EU, its Member States and one or more third countries and/or international organisations.  As a Mixed Agreement, the UN CRPD covers fields that fall in part within the competence of the EU, in part within that of the Member States and in part within the shared competence of the EU and its Member States.  It is therefore essential for the EU and the Member States to closely co-operate, in order to implement legislation stemming from the Convention in a coherent manner and ensure unity in the international representation of the Union.

EU Member States, when participating in Mixed Agreements, do not act as entirely autonomous subjects of international law; they are subject to a Duty of Loyal Co-Operation between one another and the EU.  This duty extends to each of the negotiation, conclusion and implementation phases.  In this sense, there is a collective management of the obligations under international law.  The duty of loyal co-operation, deriving from Article 4.3 of the Treaty on European Union (TEU), embraces two sets of obligations: first, Member States shall take appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the EU Institutions;  and second: Member States shall facilitate the achievement of the Union’s tasks and shall abstain from any measure which could jeopardise the attainment of the Union’s objectives … which are set out in Article 3 of the Treaty on European Union (TEU).

Treaty on European Union (TEU) – Consolidated Version, as Amended by the Treaty of Lisbon

Article 4.3

Pursuant to the principle of sincere mutual co-operation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.

The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.

The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.

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In relation to EU Member States Compliance with a Mixed Agreement concluded by the EU … the European Court of Justice has inferred that for matters falling within EU competence … the Member States fulfil, within the EU system, an obligation in relation to the Union which has assumed responsibility for due performance of the agreement.  In other words, if a Member State fails to take all appropriate measures to implement provisions of the Mixed Agreement that fall within the competence of the EU … it not only fails to fulfil its international obligation, but is also acting in breach of EU Law.  The European Commission may thus bring an infringement case against a Member State that has not properly fulfilled its duty.  The principle underpinning such mechanisms is the ‘duty of loyal co-operation’, which provides the foundation for managing shared competence within Mixed Agreements.

The line dividing international responsibility for implementation of the International Mixed Agreement between the EU and its Member States depends on the obligations respectively assumed.  The UN CRPD contains a clause setting out ‘separate’ responsibility.  According to Article 44.1, Regional Integration Organisations acceding to the Convention shall declare, in their instruments of formal confirmation or accession, the extent of their competence.  This division of responsibility for implementation implies that the European Union only bears responsibility for the breach of those obligations it has assumed.

EU Council Decision 2010/48/EC on the conclusion of the UN CRPD refers to EU competence in respect of those matters governed by the UN CRPD, and lists EU Instruments which demonstrate such competence.

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STRUCTURE OF THE EFC REPORT

The main objective of the Study was to analyse the obligations set out in the UN CRPD and, in particular, to gather information about the various practices of the EU Member States and the European Union in implementing the UN CRPD.

The work was carried out by the European Foundation Centre (EFC), representing the European Consortium of Foundations on Human Rights and Disability … under Contract No. VC/2008/1214 … for the European Commissions Directorate-General for Employment, Social Affairs & Inclusion.

Section 1 of this Report sets the appropriate background for the analysis that will follow.

Section 2 of the Report provides an overview and general recommendations on the implementation of the social model of disability, and core obligations deriving from Article 1 and Preamble Paragraph (e) of the UN CRPD.

Section 3 of the Report provides an overview and general recommendations on the implementation of Article 3 (General Principles), Article 4 (General Obligations), Article 5 (Equality and Non-Discrimination), and Article 9 (Accessibility) of the UN CRPD.  The section also reviews UN CRPD articles on Inter-Sectionality, namely Articles 6 (Women with Disabilities) and Article 7 (Children with Disabilities).  It is worth noting that the articles addressed in this section are articles of general and crosscutting application, and therefore their application is relevant for the implementation of all articles of the Convention.

Section 4 of the Report provides an overview and general recommendations on the implementation of selected substantive provisions of the UN CRPD which apply existing civil, political, economic, social and cultural rights within the context of disability.  Specifically, the section considers the implementation of Articles 16 (Freedom from Exploitation, Violence and Abuse) and 17 (Protecting the Integrity of the Person), which are seeking to assert protections that underscore the humanity of all persons with disabilities.  The section also considers the implementation of Articles 12 (Equal Recognition before the Law) and 19 (Living Independently and Being Included in the Community), both of which aim at maintaining and safeguarding the autonomy of the person.  Furthermore, articles on specific accessibility rights, namely Article 13 (Access to Justice) and Article 29 (Participation in Political and Public Life), are likewise addressed.  Finally, the section considers the implementation of Articles 24 (Education) and 27 (Work and Employment).

Section 5 of the Report contains an overview and general recommendations on the implementation of articles which outline steps that are necessary to support reforms.  Specifically, the section considers the implementation of Article 31 (Statistics and Data Collection), Article 32 (International Co-Operation), and Article 33 (National Implementation and Monitoring).

Section 6 of the Report suggests good practices for the EU and national policy-makers for the future and overall implementation of the Convention, and the effective achievement of its objectives.

It is worth noting that, while it is hard to be definitive, given that the UN Committee on the Rights of Persons with Disabilities is still in its infancy and has yet to pronounce on the obligations of the UN CRPD … it is nevertheless possible on the basis of the general principles of the Convention and interpretative tools, such as the Vienna Convention on the Law of Treaties, to identify illustrative challenges to the implementation of the UN CRPD.  For the purposes of this Study, the review of EU and Member States policies and legal instruments is based on the analysis of the UN CRPD and checklists that were produced from this Study to measure progress.

Finally, for the purposes of the Study, a challenge is defined as a ‘difficulty’ posed by existing national or EU practice which may potentially hamper the full and effective implementation of the UN CRPD by the EU Member States and/or the European Union.  In order to meet such challenges, it will be necessary, inter alia, for the EU (as appropriate) and/or its Member States to review legislation and/or policy with a view to full compliance.  On the other hand, a practice is defined as good if it fulfils certain requirements of the Convention or mainstreams the general principles, consistent with Article 3 of the UN CRPD, and has an awareness-raising impact.

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END

EU Accessibility & Ratification of UN Disability Rights Convention

2011-01-15:  Recently, I was waiting … and waiting … for the first mention of this important news to pop up on any of the European Disability Networks … the Formal Ratification by the European Union (EU) of the 2006 United Nations Convention on the Rights of Persons with Disabilities … on 23 December 2010 last.

History in the making !!

This U.N. Convention was adopted on 13 December 2006 (2006-12-13), at the United Nations Headquarters in New York … and was opened for signature on 30 March 2007.  It entered into force, i.e. became an International Legal Instrument, on 3 May 2008 (2008-05-03).  A copy of the Convention can be downloaded, here, on this Site … in my post, dated 31 October 2009.

Finally, on Monday 10 January 2011 … via ICTA-Europe, EDeAN, and the EU Press Release below … it was announced …

EU Press Release IP/11/4 – Brussels, 5 January 2011

EU Ratifies UN Convention on Disability Rights

Click the Link Above to read and/or download PDF File (25kb)

So much for instant communication in our much-vaunted Information / Knowledge / Smart Society !!

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Ordinarily, this news would be nothing to get excited about.

BUT … since the Lisbon Treaty entered into force on 1 January 2009 … the European Union now has a legal personality all of its own, separate from those of the individual EU Member States.  See Article 47 in Title VI – Final Provisions – of the Treaty on European Union (consolidated version).

This is the first time that the EU has become a party to an international treaty.

The 2006 United Nations Convention on the Rights of Persons with Disabilities is now part of the European Union’s Acquis Communautaire, i.e. the extensive body of EU Law.

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The consequential impacts flowing, therefore, from the EU’s Ratification of the U.N. Convention … at both European and Member State (National) levels … will be very, very interesting to observe during the immediate short term.  [A note of caution … be patient, and allow for a short period of ‘bedding-in’ at the start.  See below.]

The European Commission, for example, must now take full account of the Convention in the drafting and implementation of any new legislation, policies and programmes … in fact, all of its activities.

The European Court of Justice must also take full account of the Convention in all of its work.

This will, inevitably, heavily influence what is … or is not … happening with regard to social and other policies at national level in the Member States.  Many Member States (16) have already ratified the Convention … and more power to them !   BUT among these 16 … the Czech Republic and Denmark have not yet ratified the UN Convention’s Optional Protocol … how strange … and unacceptable !!

Some Member States … and I am thinking specifically of Ireland … will have to be dragged, screaming, to the point of ratification.  And even when that position has been reached … proper implementation will always be an issue.  Just consider, for a moment, Ireland’s uncaring and ham-fisted approach to implementation of the 1989 U.N. Convention on the Rights of the Child … which it did actually ratify way back on 28 September 1992 !   See my post, dated 30 November 2009.

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Accessibility of the ‘Human Environment’ – A Harmonized EU Understanding !

As far as the European Union must now be concerned … and all of the EU Member States … Preamble Paragraph (g) and Articles 9, 10 & 11 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – form the basis of a harmonized understanding for Accessibility of the ‘Human Environment’ … which includes the Built Environment, the Social Environment, the Economic Environment, and the Virtual Environment … concepts which I have defined, here, many times before.

Preamble Paragraph (g)

Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,

Article 9 – Accessibility

1.  To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.  These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

     (a)  Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces ;

     (b)  Information, communications and other services, including electronic services and emergency services.

2.  States Parties shall also take appropriate measures:

     (a)  To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public ;

     (b)  To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities ;

     (c)  To provide training for stakeholders on accessibility issues facing persons with disabilities ;

     (d)  To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms ;

     (e)  To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public ;

     (f)  To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information ;

     (g)  To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet ;

     (h)  To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Article 10 – Right to Life

States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 11 – Situations of Risk & Humanitarian Emergencies

[My Note: An outbreak of fire in a building would be a situation of serious risk.]

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

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Accessibility of the ‘Human Environment’ – Competent & Effective EU Implementation !

Within the European Union as a whole, because it is a party to the Convention in its own right … and also within the individual EU Member States … Articles 31 & 33 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – mandate that implementation is taken seriously … that it is competent and effective … and, most importantly, that independent monitoring and verification is a fundamental part of the process.

Article 31 – Statistics & Data Collection

1.  States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention.  The process of collecting and maintaining this information shall:

     (a)  Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities ;

     (b)  Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.

2.  The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.

3.  States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Article 32 – International Co-Operation

1.  States Parties recognize the importance of international co-operation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities.  Such measures could include, inter alia:

     (a)  Ensuring that international co-operation, including international development programmes, is inclusive of and accessible to persons with disabilities ;

     (b)  Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices ;

     (c)  Facilitating co-operation in research and access to scientific and technical knowledge ;

     (d)  Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.

2.  The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.

Article 33 – National Implementation & Monitoring

1.  States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a co-ordination mechanism within government to facilitate related action in different sectors and at different levels.

2.  States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention.  When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.

3.  Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

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The European Union’s Disability Strategy 2010-2020 [COM(2010) 636 final]

The general approach to, and the quality of, Accessibility Implementation in Europe … when compared, for example, with Japan … is pathetically inadequate.

It is quite amazing, therefore, that the texts which deal with Accessibility of the ‘Human Environment’ in the EU’s Disability Strategy Document 2010-2020 … are weak and far too vague … basically, meaningless claptrap drafted by desk jockeys / ‘suits who do not know’ !   We did not achieve a ‘Europe Accessible For All’ by 2010 (see below) … do you see it ??   And … at the current rate of progress, neither will we achieve a ‘Europe Accessible For All’ by 2020 !

The European Union’s Accessibility Strategy, related Policies and Programmes … and the monitoring, targeting and independent verification of Accessibility Implementation … all require a radical overhaul !

All those Officials in the European Commission who are involved, in any way, shape or form, with Accessibility of the ‘Human Environment’ would do well to RE-READ AND MEDITATE DEEPLY on the contents of the 2003 Final Report from the Group of Accessibility Experts, which was established by the European Commission itself …

EU 2003 (EYPD) Expert Group on Accessibility

October 2003

2010: A Europe Accessible For All

Click the Link Above to read and/or download PDF File (294kb)

I was a Member of that Expert Group !

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AND SOME WIDER CONCERNS …

1.  The European Union HAS NOT RATIFIED the UN Disability Rights Convention’s Optional Protocol.  If the Union is so Open and Transparent … and so committed to Human and Social Rights for All EU Citizens … somebody, somewhere, has to scream out loud “Why is the EU Not Ratifying this Optional Protocol ???”.   And … we demand an honest answer !!!

Optional Protocol – Article 1

1.  A State Party to the present Protocol (‘State Party’) recognizes the competence of the Committee on the Rights of Persons with Disabilities (‘the Committee’) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.

2.  No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

2.  The EU Code of Conduct between the Council, the Member States and the Commission setting out internal arrangements for the implementation by and representation of the European Union relating to the United Nations Convention on the Rights of Persons with Disabilities.  Above, I talked about a short period of ‘bedding-in’.   BUT … get your teeth into the ‘meat’ of this document … which indicates that it might be a much longer and more difficult process !?!

Official Journal of the European Union (15 December 2010) – 2010/C 340/08

EU Council – UN Disability Rights Convention – 2010 Internal Code of Conduct

Click the Link Above to read and/or download PDF File (729kb)

3.  At EU Council … How Important is this Issue Considered ?   In the 37 Page Report on the Justice and Home Affairs Council Meeting, which was held in Brussels from 2-3 December 2010 … the adoption of the above Internal Code of Conduct rated just a very brief mention on the last page.  It was not mentioned, at all, among the Main Results of the Meeting !

4.  Will Disability Networks, at both European and Member State (National) levels, have the stamina … and be sufficiently competent and focused … to rigorously monitor European Union Implementation of the UN Disability Rights Convention ??   And … will these Networks be courageous in challenging the EU Institutions … if Implementation is found to be Inadequate ???   I’m not so sure !

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END

DAC’s & An Bord Pleanála (Ireland) – Brief SDI Announcement

The following ‘Warrant of Appointment’ as a Specialist Consultant to the Board … was signed on 17 December 2010 by Mr. John O’Connor, Chairperson of the Board …

An Bord Pleanála

Building Control Acts, 1990 to 2007  |  Building Control Regulations, 1997 to 2009  |  Building Regulations, 1997 to 2008

An Bord Pleanála hereby appoints  C.J. Walsh – Sustainable Design International (SDI)  to:

     (a)  carry out Inspections in relation to appeals against decisions of Building Control Authorities for applications for a Disability Access Certificate (DAC) ;

     (b)  conduct Meetings convened by the Board under Article 34 of the Building Control Regulations, 1997 ;

     (c)  make Written Reports (including Recommendations) to the Board in relation to such appeals ;

and

     (d)  be an Authorized Person, for the purposes of Section 11 of the Building Control Act, 1990.

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The Functions of the Board in Ireland are …

An Bord Pleanála (Irish) … established in 1977, under the Local Government (Planning and Development) Act of 1976 … is responsible for the determination of appeals and certain other matters under the Planning and Development Acts, 2000 to 2010 … and the determination of applications for Strategic Infrastructure Development, including major road and railway projects.  The Board is responsible for dealing with proposals for the compulsory acquisition of land by Local Authorities and other Agencies, under various legal enactments.  The Board also has functions to determine appeals under Water and Air Pollution Acts, and the Building Control Act.

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