United Nations Convention on the Rights of Persons with Disabilities

e-Accessibility – Allowing Every Person to Access e-Books ?

2009-04-11:  Globalization is not just an economic concept … it is a social reality in the 21st Century.

 

The recent legal settlement in the United States of America between the Authors Guild (USA) and Google, announced 2008-10-28, relates to the protection of authors’ rights during the course of Google’s Live Project to digitize every hardcopy book … of any type.  This settlement has consequences far beyond the jurisdiction of the USA.  Beware !

 

In the middle of all this consternation, and directly linked to many things I have been discussing over the past months … on 8th April 2009, I signed the following Petition …

 

 

Petition Target:  The Authors Guild (USA)

 

Sponsor:  Reading Rights Coalition (USA)

 

” When Amazon released the Kindle 2 electronic book reader on 9 February 2009, the company announced that the device would read e-books aloud using text-to-speech technology.  Under pressure from the Authors Guild (USA), Amazon announced that it will give authors and publishers the ability to disable the text-to-speech function on any or all of their e-books available for the Kindle 2.

 

The Reading Rights Coalition (USA), which represents people who cannot read print, is protesting against the threatened removal of the text-to-speech function from e-books for the Amazon Kindle 2.

 

The Coalition includes organizations which represent the blind, people with dyslexia, people with learning or processing issues, seniors losing vision, people with spinal cord injuries, people recovering from strokes, and many others for whom the addition of text-to-speech on the Kindle 2 promised to facilitate, for the first time, easy mainstream access to thousands and thousands of books.”

 

 

I added this Text to my Signature (#3238) …

 

” This action by the Authors Guild must now be clearly described and understood as a denial of basic human rights for a sizeable sector of the population in all of our societies.  Since 3 May 2008, when it became an International Legal Instrument … the 2006 United Nations Convention on the Rights of Persons with Disabilities specifies, protects and guarantees these basic rights.  It is the stated intention of the Obama Administration that the USA will soon ratify this UN Convention.”

 

 

 

To Sign the Petition:  Go to … www.thepetitionsite.com/1/We-Want-To-Read

 

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Barcelona Accessibility Conference – European Issues ?

2009-03-24:  Permit me, first of all, to vigorously reclaim the word ‘accessibility’ back from the Transport Sector.  This important conference in Barcelona was not about transport networks or distances from the nearest transportation node … but about Accessibility of the Human Environment for People with Activity Limitations (2001 WHO ICF), i.e. Accessibility-for-All.

 

A 2-Day Conference organized by EuCAN – the European Concept for Accessibility Network co-ordinated from Luxembourg – it was held in the TRYP APOLO Hotel (Av. Paral-lel, 57-59), on the 19-20th March 2009 … an impressive start-up event for the next EuCAN Project … a publication elaborating the business opportunities being created by Design-for-All for manufacturers and service providers across Europe.

 

I was very pleased to make a presentation on the exciting business potential of Accessible Fire Engineering … a subset of Sustainable Fire Engineering …

 

 

Colour image showing the Title Page (only) of CJ Walsh's Presentation: 'Accessible Fire Engineering', at the recent 2-Day EuCAN Conference in Barcelona, Spain. Held on 19-20th March, 2009.
Colour image showing the Title Page (only) of CJ Walsh’s Presentation: ‘Accessible Fire Engineering’, at the recent 2-Day EuCAN Conference in Barcelona, Spain. Held on 19-20th March, 2009. Click to enlarge.

 

There were, however, some developments at the conference which should be brought to wider public attention for consideration and discussion … here in Ireland, but also in other European countries …

 

 

Colour photograph showing the West/'Passion' Elevation of the Templo Expiatorio de la Sagrada Familia in Barcelona, Spain. An architectural wonder designed by Catalan Architect, Antoni Gaudí i Cornet (1852-1926), and still under construction. Click to enlarge. Photograph taken by CJ Walsh. 2009-03-20.
Colour photograph showing the West/’Passion’ Elevation of the Templo Expiatorio de la Sagrada Familia in Barcelona, Spain. An architectural wonder designed by Catalan Architect, Antoni Gaudí i Cornet (1852-1926), and still under construction. Click to enlarge. Photograph taken by CJ Walsh. 2009-03-20.

 

1.  News was announced at the conference that the Proposed International Accessibility-for-All Standard (at present ISO CD 21542.3) has been overwhelmingly supported (mid-March 2009) for progress to the Draft International Standard (DIS) stage in its development.  If everything goes well, we should see this International Standard being published sometime during the first half of 2010. 

The ISO Accessibility-for-All Standard, which will be an essential implementation tool for Articles 9 & 11 of the 2006 United Nations Convention on the Rights of Persons with Disabilities in relation to Buildings, is particularly important for 2 Reasons:

 

         ‘Fire Safety’ Texts are now included in the Main Body of the Standard ;

 

         ‘Fire Evacuation’ is fully integrated into the definition and meaning of ‘Accessibility’.

 

 

Colour photograph showing the Interior of the Templo Expiatorio de la Sagrada Familia in Barcelona, Spain. Current state of progress with the Nave. An architectural wonder designed by Catalan Architect, Antoni Gaudí i Cornet (1852-1926), and still under construction. Click to enlarge. Photograph taken by CJ Walsh. 2009-03-20.
Colour photograph showing the Interior of the Templo Expiatorio de la Sagrada Familia in Barcelona, Spain. Current state of progress with the Nave. An architectural wonder designed by Catalan Architect, Antoni Gaudí i Cornet (1852-1926), and still under construction. Click to enlarge. Photograph taken by CJ Walsh. 2009-03-20.

 

 

2.  A conversation during the conference morning coffee break, on Friday 20th March, with Bojana Rudić and Miodrag Počuč of the Centar Živeti Uspravno in Serbia, has finally convinced me that all of the various Accessibility Design Philosophies

 

         design-for-all (some attempts have been made to develop 6 Principles for this rather vague philosophy) … used by EU Institutions, and more widely throughout Europe in reaction to universal design ;

         universal design (with its 7 Principles/Commandments) … preached from the USA … but in Japan, for example, a more practical application can be seen.  Strangest of all is the relatively recent establishment in Ireland of the Centre for Universal Design, within the lumbering qwango that is the National Disability Authority (NDA) ;

         inclusive design (with its 5 Principles) … originating from Great Britain ;

         barrier-free design (a philosophy long out of date) … still widely referred to in Germany and other parts of Central Europe ;

         facilitation design (a newer philosophy based on 2 WHO ICF Terms: ‘Facilitator’ and ‘Environmental Factors’ and intended to update barrier-free design) … not yet well known ;

 

… are not only causing enormous confusion about accessibility among the ‘un-initiated’ and architectural students, to take just two examples … but are diverting scarce resources away from the process of ‘real’ accessibility implementation.

 

In some cases, devotion to these philosophies is so consuming that I have experienced, first-hand, a general tendency to discourage any talk about rights … with some prominent members of the International Accessibility Community (who shall remain nameless !) not even bothering to read the actual text of the 2006 UN Disability Rights Convention !

 

 

Colour photograph showing a General View, from within, of the 1929 Barcelona Pavilion - a Master Statement of Modern Architecture - designed by German Architect, Ludwig Mies van der Rohe (1886-1969). De-constructed in early 1930 after the Barcelona International Exposition, it was constructed again in 1986. Click to enlarge. Photograph taken by CJ Walsh. 2009-03-20.
Colour photograph showing a General View, from within, of the 1929 Barcelona Pavilion – a Master Statement of Modern Architecture – designed by German Architect, Ludwig Mies van der Rohe (1886-1969). De-constructed in early 1930 after the Barcelona International Exposition, it was constructed again in 1986. Click to enlarge. Photograph taken by CJ Walsh. 2009-03-20.

   

3.  Concerning the development of a European Accessibility Business Strategy

 

         2006 UN Convention on the Rights of Persons with Disabilities

 

Yes … Accessibility-for-All is about much more than making life and living easier for people with disabilities.  Children, frail older people (not all older people !), women in the later stages of pregnancy, people who have a health condition, etc., all now need to be included in a more Person-Centred Approach to the design and sustainable transformation of our Human Environment.  This is absolutely essential.

 

But … the 2006 UN Convention must be used as a Product & Service Checklist which covers the basic, i.e. minimum, responsible needs of people with disabilities … a sizeable social group in all of our societies.  Failure to complete this simple task is a fundamental strategic error !

 

The 2006 UN Convention on the Rights of Persons with Disabilities is also their sole route of access to the human and social rights set down in the 1948 Universal Declaration of Human Rights.

 

 

         Integration of Accessibility-for-All Performance

 

Building Accessibility, to take a specific example, is now more complex … and includes …

 

         Approach to the building from the site boundary ;

         Entry through principal entrance(s) ;

         Health, Safety, Convenience & Comfort In Use, including thermal and acoustic comfort, good indoor air quality, protection from fire, etc ;

         Egress under normal conditions ;

         Evacuation in the Event of a Fire, or other emergency ;

         Removal from the vicinity of the building back to the site boundary ;

 

and …

 

         Each stage of a Work Process, at every level, in places of work ;

         Use of Electronic, Information & Communication Technologies (EICT’s) – at minimum, those permanently fixed in/to the building ;

 

and …

 

         Management, Services & Attitudes of People in the organization using the building ;

         Recruitment, Employment, Promotion & Training Practices within the same organization.

 

 

Performance in all of these different, and up until now separate, components must be brought together and properly integrated.

 

 

         Accessibility-related Products

 

In Ireland, we suffer from an over-supply of British manufactured accessibility-related products which are badly-designed and inadequately tested … or not tested at all.  Inability to show compliance with Part D of the Irish Building Regulations is a big issue … that is, if those manufacturers even realize that we have our own separate building legislation over here.

 

By the way, failure to be able to show compliance with Regulation 7 of the Building Regulations for England & Wales is an issue across the water as well !

 

The situation isn’t much better in the rest of Europe.  Yes … the quality of design is much, much better, but there is still enormous confusion about CE Marking.

 

Accessibility-related Products are still, and always have been, industrial products which are being placed on the Single European Market.  Normal rules apply !

 

 

         Accessibility-related Services

 

Hopefully, we will soon see the demise of the Access Consultant … a plentiful species, particularly in Great Britain … an individual who only deals with ‘approach to’, ‘entry’ and ‘use’ of a building or facility … and nothing about ‘fire evacuation’.  Their days are slowly numbered !

 

The rest of us, however, need to familiarize ourselves with necessary new services …

 

         Accessibility Impact Assessment ;

         Accessibility Performance Indicators ;

         Accessibility Benchmarking, Target Setting and Progress Evaluation ;

         Independent Accessibility Verification ;

         Etc.

 

Accessibility-related Services must be dragged out of prehistoric caves … screaming, if necessary.  Services must become much more professional !

 

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‘Areas of Rescue Assistance’ in Buildings – More Bytes ?

2009-03-17:  Pull closer to the screen … we can lower the sound level, and be honest with ourselves for a few minutes …

 

We have enabling legislation spewing out of our ears in the European Union on the subject of ‘fire safety, protection and evacuation for all’ … there is absolutely no shortage whatsoever !

 

The problem is that far too many fire officers (prevention and operations) and building control officers in local authorities, architects, engineers and quantity surveyors do not know and/or do not care about this issue.

 

Rates of compliance with legislation are very low.  Proper compliance is such a rare thing … that you would almost feel like holding a party, in celebration, right there on the spot when it’s discovered !   This applies not only to Ireland and Great Britain … but to the rest of Europe as well.

 

And while many countries have already signed and ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities, which became an International Legal Instrument on 3rd May 2008 … and many more will do likewise during the course of the next year or two, including the United States of America (according to the Whitehouse WebSite !) … I am sure that few individuals in those countries have any understanding of Article 11 (text quoted in an earlier post).

 

 

Accessible Fire Engineering:

On that fateful morning of 11th September, 2001 … at the World Trade Center Complex in Lower Manhattan, New York City … we witnessed a catastrophic failure in common practices and procedures … at all levels …

         Architectural / Conventional (‘Ambient’) Engineering / Fire Engineering ;

         Building Management ;

         Emergency Responders / Firefighters / Rescue Teams ;

         Control Organizations Having Authority (AHJ’s) or Jurisdiction ;

         Fire Safety Objectives in Building Legislation, Codes & Standards.

 

This was a ‘real’ fire incident.  It has been very, very closely examined in the intervening years.  Disability was a major issue at the heart of the tragedy … 6% of WTC building occupants were people with mobility impairments … approximately 8%, in total, were people with disabilities.  The overall number of People with Activity Limitations (2001 WHO ICF), however, was higher.

 

It is for this reason that three vital WTC Components have neatly dovetailed and fused … to realize an essential rational and empirical basis for a transformed fire engineering approach which can deal effectively with ‘fire safety, protection and evacuation for all’ of the people who use buildings … Accessible Fire Engineering … a subset of Sustainable Fire Engineering …

 

1.  2005 NIST(USA) NCSTAR 1 Final Report on 9-11 WTC 1 & 2 Tower Collapses. 

 

2.  2008 NIST NCSTAR 1A Final Report on 9-11 WTC 7 Collapse.

 

3.  Ongoing NYC-ATSDR World Trade Center Health Registry (established 2002).

 

 

Further Information about ‘fire safety, protection and evacuation for all’, the NIST 9-11 Reports and the WTC Health Registry … is available at the FireOx International WebSite

 

www.fireox-international.eu

 

 

 

Picking up, therefore, where I left off a few days ago …

 

 

An ‘Area of Rescue Assistance’ in a Building should:

         adjoin every fire evacuation staircase in a building ;

         be located on every floor (note: fire evacuation routes at ground level should lead directly to the exterior) ;

         include adequate space for the people in wheelchairs, and their assistants, people using crutches, people with visual impairments, etc., who may be expected to use the area of rescue assistance during a fire emergency ;

         have good lighting at all times (note: lighting activation/de-activation by motion detection, for reasons of energy efficiency, should not be used in an area of rescue assistance) ;

         be clearly indicated with good signage ;

         be fitted with an accessible and reliable communication system placed at a height of 900 – 1 200 mm above finished floor level, facilitating direct contact with a person in the main fire and security control centre for the building ;

         be of sufficient size for the storage of a sufficient number of (powered) evacuation chairs, portable fire extinguishers, a fire hose reel and a manual fire alarm call point, a fire evacuation supply kit containing, for example, smoke hoods, suitable gloves to protect a person’s hands from debris when pushing his/her manual wheelchair, patch kits to repair flat tyres, and extra batteries for powered wheelchairs, etc.

 

 

The Size of an Area of Rescue Assistance should:

         relate to expected local usage during a fire emergency.  When the number of people using/occupying/working in/visiting a specific building is considered … calculate how many may have to wait there, if the lifts/elevators cannot be used for evacuation and/or fire safety management procedures fail.

 

For example, if there are only two fire evacuation staircases on a floor in a building (on opposite sides of the building, of course), each area of rescue assistance should be designed to cater for the expected needs of the full floor.

 

Please also see the end of my Post: ‘U.S. Disability Statistics – EU Practical Application ?’, dated 2009-02-25.

 

 

Evacuation Chairs should be capable of:

         being safely and easily handled ;

         carrying people of large weight (up to 150 kg) ;

         going down staircases, which may be narrow and of unusual shape, particularly in existing buildings ;

         travelling long distances horizontally and externally, perhaps over rough ground, in order to reach a ‘place of safety’.

 

When it is necessary to go up an evacuation staircase to reach ground level … for example, from a basement or underground shopping centre … Powered Fire Evacuation Chairs should always be provided.

 

 

A ‘Reliable’ Buddy System:

In buildings with a reasonably stable user profile, e.g. workplaces, a Buddy System should be introduced throughout the building user population.  For reliability and flexibility, e.g. to accommodate absence or holiday leave, a buddy system should always comprise at least 3 or 4 people.

 

In the case of a person using a wheelchair, his/her Buddy Unit should never be less than 4 people …

 

Black and white photograph showing the correct technique for assisting the evacuation of a person who uses a wheelchair. U.S. Fire Administration 'Orientation Manual for First Responders on the Evacuation of People with Disabilities'. FA-235/August 2002.
Black and white photograph showing the correct technique for assisting the evacuation of a person who uses a wheelchair. U.S. Fire Administration ‘Orientation Manual for First Responders on the Evacuation of People with Disabilities’. FA-235/August 2002.

 

Fire Safety Management Procedures:

Prior to putting any Management Procedures into operation … and certainly before carving any of these procedures in stone … meaningful consultation should take place with building users and local fire authorities … which, particularly in the case of people with activity limitations, will produce the desired outcome of informed consent.

 

Informed Consent …

Consent freely obtained – without threats or improper inducements – after appropriate disclosure to a person of relevant, adequate and easily assimilated information in a form (e.g. oral, written, braille) and language understood by that person.

 

Personal Representative …

A person charged, under European Union or EU Member State national law, with the duty of representing another person’s interests in any specified respect, or of exercising specified rights on that person’s behalf – and including the parent or legal guardian of a child, i.e. a person under the age of 18 years, unless otherwise provided for by European Union or EU Member State national law.

 

 

Without wishing to be obscure, or to avoid the issue … Fire Safety Management Procedures need to be developed to suit each specific building, with its own building user population.

 

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‘112’ – A Single European Emergency Phone Number ??

2009-03-16:  Wherever you are in the European Union (EU) … and whatever you are doing … there is just one phone number that you need to remember for emergency services – ‘112’.

 

Now that Bulgaria has set up its own 112 Hotline, the single EU Emergency Phone Number works in All EU Member States, without exception …

 

Check out your country … here !

 

 

When you call ‘112’, – from a land line, a public pay phone or a mobile/cell/handy phone – a local operator will either deal with your call directly, or redirect you to the emergency service you need – ambulance, police, or the fire services.

 

There is no charge for a ‘112’ Phone Call.

 

The single EU Emergency Phone Number does not replace existing national emergency phone numbers – it works alongside them.

 

Did you know that this number has been around for almost 20 years … and still only 22% of Europeans know about it ?

 

 

However, one small little problem remains … you can only call this number … that is, if you are physically capable of making a call and having a phone conversation !

 

Article 9 of the 2006 United Nations Convention on the Rights of Persons with Disabilities (text quoted in an earlier post !), which became an International Legal Instrument on 3rd May 2008, requires that the …

 

EU ‘112’ Emergency Phone Number System SHALL be ACCESSIBLE !

 

Get your fingers out Brussels !!!

 

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UPDATE 2013-04-06:   In the interim … there has been no dramatic improvement …

 

Flash EuroBarometer 368 – February 2013 – Summary Report

 

The European Emergency Number ‘112’

Click the Link above to read/download PDF File (1.4 MB)

 

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Fire Evacuation of People with Disabilities – Reality Bites ?

2009-03-10:   Regarding Seán’s Comment, dated 2009-03-06.

 

Yes, the guidance provided in Technical Guidance Document B (Ireland) is inadequate … and the same can equally be said of Approved Document B (England & Wales).

 

And yes, you will find only partial answers in British Standard BS 9999, even though it was only published on 31st October 2008 last.

 

Access Consultants in Ireland and Great Britain rarely deal with any matters relating to fire safety in buildings.

 

 

 

Please allow me, therefore, to fill in some gaps for you.  The following guidance is suitable for application in any European country …

 

People with Activity Limitations (2001 WHO ICF) experience many difficulties when attempting to independently evacuate a fire building.  However, our reasoning is very simple.  If we can get things right for the most vulnerable building users, we get them right for everyone else also.

 

 

The Target Destination … whether evacuation is independent, assisted by other building users or accomplished by means of firefighter rescue … is a ‘Place of Safety’.  This term is not well defined in legislation or codes.

 

Building User ‘Place of Safety’:

Any location beyond a perimeter which is [100] metres from the fire building or a distance of [10] times the height of such building, whichever is the greater … and … where necessary and effective medical care and attention can be provided, or organized, within one hour of injury … and … where people can be identified.

 

Where there is a Risk of Explosion … multiply the numbers in square brackets above by 4 (at least !).

 

 

 

All Fire Evacuation Routes – inside and outside a building – should comply with Accessibility Design Criteria.  This is an entirely alien concept to many Fire Prevention Officers in Local Authorities, and Fire Consultants !

 

Panic Attacks, during evacuation in a ‘real’ fire incident, exist.

 

Standard Movement Times, during evacuation in a ‘real’ fire incident, do not exist.

 

 

 

People should be able to reach an ‘Area of Rescue Assistance’ inside a building with ease.  In practice, few people understand what the word ‘refuge’ means (as in … refuge point, refuge area, area of refuge, etc).  As a result, these spaces are regularly misused and/or abused in buildings.  And there is great difficulty translating a word into other languages which, in English, can have so many meanings.  In Italian fire safety legislation, for example, ‘refuge’ has been translated as ‘spazio calmo’.  How crazy is that ?

 

So … what is an ‘Area of Rescue Assistance’ ?

A building space directly adjoining, and visible from, a main vertical evacuation route – robustly and reliably protected from heat, smoke and flame during and after a fire – where people may temporarily wait with confidence for further information, instructions, and/or rescue assistance, without obstructing or interfering with the evacuation travel of other building users.

 

 

This is a notional Area of Rescue Assistance …

 

A Clear Evacuation Width of 1.5 metres on the Evacuation Staircase facilitates ‘contraflow’ in a fire emergency (shown on the lower flight of stairs), i.e. emergency access by firefighters entering a building and moving towards a fire, while building users are moving away from the fire and evacuating the building … as well as allowing sufficient space to safely carry an occupied wheelchair down the staircase (shown on the upper flight of stairs).

 

Drawing showing a notional Area of Rescue Assistance in a Building. Click to enlarge. Based on a design by CJ Walsh. Drawn by S Ginnerup, Denmark.
Drawing showing a notional Area of Rescue Assistance in a Building. Click to enlarge. Based on a design by CJ Walsh. Drawn by S Ginnerup, Denmark.

 

 

Evacuation Skills & Self-Protection from Fire in Buildings …

A ‘skill’ is the ability of a person – resulting from adequate training and regular practice – to carry out complex, well-organized patterns of behaviour efficiently and adaptively, in order to achieve some end or goal.

 

Building users should be skilled for evacuation to a ‘place of safety’, and test/drill/non-emergency evacuations should be carried out sufficiently often to equip building users with that skill.  Consideration should be given to practicing evacuation once every month or, at most, every two months; once a year is inadequate.  In the case of people with a mental or cognitive impairment, there is a particular need to encourage, foster and regularly practice the adaptive thinking which will be necessary during a ‘real’ fire incident.

 

Since Fire Protection Measures and Human Management Systems are never 100% reliable … it is necessary for frail older people and building users with disabilities to be familiar with necessary guidelines for self-protection in the event of a fire emergency.

 

 

Assisted Evacuation & Rescue Techniques …

Firefighters have two functions:

         fighting fires ;  and

         rescuing people who are trapped in buildings, or for some reason, cannot independently evacuate a building which is on fire.

 

People with disabilities are participating more and more, and in ever increasing numbers, in mainstream society.  It is necessary, particularly for firefighters, to become skilled in how best to rescue a person with a disability from a building, using procedures and equipment which will not cause further harm or injury to that person.

 

Manual handling of occupied wheelchairs in a fire evacuation staircase, even with adequate training for everyone directly and indirectly involved, is hazardous for the person in the wheelchair and those people – minimum three – giving assistance.

 

Generally … Powered Wheelchairs are too heavy for manual handling in any situation.

 

For these reasons, all lifts/elevators in new buildings should be capable of being used for fire evacuation.  Lifts/elevators in existing buildings, when being replaced or undergoing major overhaul, should then be made capable of being used for fire evacuation.

 

Local Fire Authorities should ensure that they possess the necessary equipment to rescue people with a wide range of impairments, and that specialized rescue equipment is regularly serviced and maintained.  Every Fire Authority should have an ‘accessible’ and ‘reliable’ Emergency Call System which is available, at all times, to the public within its functional area.

 

It is essential that every Firefighter is fully aware of this important public safety issue, and is regularly trained in the necessary rescue procedures involving people with a wide range of impairments.

 

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‘Accessible’ Emergency Services in Ireland ? … Action Now !

2009-02-17:  Mr. Joe Duffy, presenter of the popular phone-in RTÉ Radio 1 Programme: ‘Liveline (13.45-15.00 hrs. local time in Ireland), covered an item of major importance today … the complete lack, in our country, of ‘accessible’ emergency services for people with a hearing impairment (2001 WHO ICF).

 

To place this issue in a necessary wider context … back in December 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities.  After various procedural ‘jigs and reels’, the Convention became an International Legal Instrument on 3rd May 2008.  This is now International Law !

 

 

It is worth quoting from some of the UN Convention’s Text

 

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.

 

Article 11 – Situations of Risk & Humanitarian Emergencies

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.

 

[Note: Article 11 covers risk situations such as … fires in buildings.]

 

 

Progress with regard to the continuing Ratification of this United Nations Convention can be viewed here.

 

Although Ireland signed the Convention on 30th March 2007, amidst much publicity, this country has still not ratified it.  Why is that ?   Other European Union Member States have ratified it without any problem.

 

Yet again, why haven’t the National Disability Authority … and particularly Ms. Angela Kerins, NDA & Equality Authority Chairperson – ‘valiant protector, against all odds and foes, of disability & equal rights’ … screamed and protested loudly about Ireland’s disgraceful tardy ratification of the UN Disability Convention ?   Did we even hear a whimper from them ?   Definitely not.

 

This is an issue where an essential leadership role must be taken up – enthusiastically – by our politicians and senior civil servants.  The correct signals must be given to society as a whole.

 

What Mr. Joe Duffy does not understand, unfortunately, is that Irish Politicians and Senior Civil Servants would all rather commit ritual suicide on Merrion Street (outside the Dáil and Government Buildings) than give people with disabilities their rights.

 

 

There is no longer any acceptable reason whatsoever … why ‘accessible’ emergency services cannot be introduced immediately in this country … or throughout the rest of Europe.

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An Open Letter to President Barack Obama – Questions !?!

2009-02-14 …

 

Dear Barack,

 

Please allow me to extend a warm welcome to you onto the International Stage … and an even warmer welcome for the United States of America back into the International Fold of Nations.

 

The last 8 Years have been a nightmare for concerned observers outside your country.  I should immediately add that a large branch of my extended family has been living in New York City and State since the mid-1950s.  And that you are now affectionately known in Ireland, because some of your roots are based here, as President O’Bama !

 

Being a pragmatic person, however, you will want me to come quickly to the point … and be direct.

 

You will shortly be signing into law a 787.2 Billion Dollar Economic Stimulus Package of spending increases and tax relief, which is intended to encourage an economic recovery in your country and to create jobs.  It is surprising that you have permitted significant funds earmarked for school construction, and for colleges and universities, to be removed from the Package during the ‘Compromise’ Negotiations.  Funding to provide health insurance for the unemployed has been sharply reduced, while funds for the ‘Greening’ (?) of Federal Buildings have also been scaled back.

 

The political imperative of successfully steering this Stimulus Package through Congress, at this time, is understood … but the final shape of the Package does not augur well for the future of your Presidency.

 

 

Taken together with the outcome from another recent event in my country, Ireland … and my surprise is turning to worry …

 

In Dublin, towards the end of January 2009, I attended a Round Table Discussion with a key individual who works in the US Department of Energy’s Office of Energy Efficiency & Renewable Energy (EERE) – Federal Energy Management Program (FEMP).

 

Having posed 2 Questions after his presentation with regard to US Federal Policy on the ‘Green’ (i.e. environmental & energy) Performance of Federal Buildings, I discovered the following …

 

         The individual concerned was completely unaware that there is a considerable difference between the ‘Green’ Agenda, i.e. a limitation of considerations to environmental aspects of Sustainable Human & Social Development alone (an outdated concept belonging more properly to the 1990s) … and the ‘Sustainability’ Agenda, which is far broader in scope and absolutely essential if we are to meet the great challenges being posed since the beginning of this 21st Century … for example, the World Trade Center Incident (9-11) in New York ;

 

         There would appear to be no independent technical controls monitoring the ‘real’ environmental and energy performance in US Federal Buildings, no penalties for failure to meet performance targets, no horizontal integration between Federal Institutions dealing with procurement and building/system/product operation, and a systemic lack of proper accountability.

 

 

If it is your wish that the USA takes up a position of global leadership on some or all of the above issues, we – at Sustainable Design International – would like some information and assurances concerning the following matters …

 

         When will you, and your Administration, begin to properly appreciate the considerable difference between a ‘Green’ Agenda and a ‘Sustainability’ Agenda … and the significant Institutional Re-Engineering required to implement US Federal, State and City Policies geared towards Sustainable Human & Social Development ?   How would you then intend to dramatically raise awareness … and mobilize all of the people in your country for action … at Federal, State and City Levels ?

 

         If your Administration enters into negotiations on an International Kyoto II (post 2012) Agreement under the United Nations Framework Convention on Climate Change (UNFCCC) … will US National Performance be open and transparent … and be seen to be ‘reliable’ by other countries, particularly Brazil, Russia, India, China and South Africa ?

 

         When, precisely, will the US Senate ratify the United Nations Convention on the Rights of Persons with Disabilities, with its Optional Protocol ?   When will you arrange to fund the implementation of this Convention, with its Optional Protocol … and then arrange that a coherent and comprehensive programme of implementation, which must have a short timescale, be initiated ?   How long will that implementation timescale be ?

 

 

Effective International Law and Lasting Peace are 2 Prerequisite Essential Requirements for Sustainable Human & Social Development.  In order to free up current ‘process’ log-jams and bring lasting peace to the regions of the Caribbean and the Middle East … it is you who must make the first substantive moves

 

         When will you arrange for the immediate cessation of all aggressive and hostile activities against one of your close neighbours – the small island of Cuba – and a complete end to the economic, social & political choke-hold on its small population ?   When will your Administration finally arrange for the termination of the illegal occupation of Guantánamo Bay – an international act of piracy facilitated by the 1901 Platt Amendment ?   When will you finally ‘curtail’ the rabid behaviour of some of the more fanatical Cuban Exile Elements in Florida … and release the Miami 5 ?

 

         When will you, and your Administration, bring your considerable authority and power to bear on the Criminal State of Israel … and force it to comply with International Law and Universal Human & Social Rights ?

 

 

We patiently await your considered response.

 

Many thanks for your attention.

 

 

Signed:  C. J. Walsh, Managing Director, Sustainable Design International Ltd. – Ireland, Italy & Turkey.

 

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Postscript 2012-01-16:

Dear Barack … Apologies are Meaningless … and who these Individual Soldiers are is not important.  This recent image from Afghanistan betrays an in-grained national mindset !

The Guantánamo Bay Detention Centre, in illegally occupied Cuba, is still operating … the Criminal Blockade of this small Caribbean Island continues with full bullying force … and The Miami 5 are still rotting in U.S. Jails, with access for family members made particularly difficult, if not impossible.

Your Administration is still aggressively frustrating the widespread International Consensus on Climate Change … Your Offspring, the Apartheid State of Israel has now replaced South Africa as the No.1 Maverick Rogue in the International Community … etc., etc., etc.

The United States of America continues to urinate on International Law !!

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