United Nations

Every Person Has A Human Right To A Nationality !

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

This is the United Nations

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

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

Article 13

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

Article 14

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

Article 15

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

.

END

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

Model Disability Policy Statement for Educational Establishments

2014-04-21:  Notwithstanding the, by now, well-established existence of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), International Standard ISO 21542: ‘Building Construction – Accessibility & Usability of the Built Environment’, a host of other national accessibility standards, and a plethora of accessibility design guidance materials … not every ‘real’ site, or building, or built environment, situation is covered.  It would be physically impossible.

Unless it is fixed in your mind … or, more importantly, in the ‘group-thinking’ of an organization … that Accessibility-for-All should be, for example, both independent (i.e. it is not necessary for a person to have an assistant) and inclusive (i.e. friends can do things together and no special deal is made about accessibility for one person) … it can be very difficult to emerge from beneath the weight of those documents referred to above … and to apply important disability-related principles flexibly and adaptively in the real world.

At a recent meeting with some teachers in an Irish school (which shall remain nameless) … I advised that a very good and positive start can be made by discussing together and agreeing on a Disability Policy Statement, which will help to guide future actions.  More steps are required, of course, but those will come later.

.

Model Disability Policy Statement for Educational Establishments

Insofar as it relates to the educational activities of

Name of School/College/University/Institute

and its relationships in the wider local community …

We recognise and respect the rights of people with activity limitations:

  • to lead a fulfilling life – autonomously, independently, and with dignity ;
  • to integrate into the civil, political, economic, social, cultural and educational mainstream ;    and
  • to participate in the general life of the wider local community on a basis of equal opportunity with everyone else.

Good Education is an Important Key to Social Inclusion

In order to ensure your autonomy and independence, your civil, political, economic, social, cultural and educational integration, and your active participation in the general life of the wider local community – the principle of equal opportunity shall not prevent the adoption or maintenance of services, systems and policies providing for your support or assistance within this establishment.

[ Discussed and Agreed by the School/College/University/Institute Management Board on …… ]

.

.

END

Enhanced by Zemanta

U.N. Disability Rights Convention – World Map of States Parties

2013-03-14:   The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was adopted on 13 December 2006 at the U.N. Headquarters Building in New York.  The Convention was opened for signature on 30 March 2007, when there were 82 Signatories to the Convention, 44 Signatories to its Optional Protocol, and 1 Ratification.  Historically, this is the highest number of signatories to a U.N. Convention on its opening day.  It is the first comprehensive Human Rights Treaty of the 21st Century.  It is also the first Human Rights Convention to be open for signature by regional integration organizations, e.g. the European Union (EU).  The Convention entered into force, as an International Legal Instrument, on 3 May 2008.

According to the United Nations … this Convention is intended as a Human Rights Instrument with an explicit social development dimension.  It adopts a broad categorization of persons with disabilities, and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.  It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.

I say … that most of the rights specified in this Convention are already contained in other long-established International Human Rights Instruments, e.g. rights to shelter, free movement, education, employment, voting, etc.  The critical issue for people with activity limitations has always been, and remains to this day … Lack of Accessibility … which prevents them from effectively and independently exercising their basic rights and fundamental freedoms as individual human beings.

Substantively … this is a United Nations Accessibility for All Rights Convention.

.

The World Map below illustrates the situation, in October 2012, with regard to the very large numbers of States Parties to the U.N. Convention on the Rights of Persons with Disabilities (CRPD)

  • 154 Signatories to the Convention ;
  • 90 Signatories to the Optional Protocol ;
  • 124 Ratifications and Accessions to the Convention ;
  • 74 Ratifications and Accessions to the Optional Protocol.

Using the Map, it is simple to identify those ‘other’ countries (nudge-nudge-wink-wink) …

U.N. Disability Rights Convention Map - World Ratifications (October 2012)
Image size 2.64 MB – Click to enlarge.

Since October 2012 …

  • Singapore signed the Convention on 30 November 2012
  • Cambodia ratified the Convention on 20 December 2012
  • Albania ratified the Convention on 11 February 2013
  • Barbados ratified the Convention on 27 February 2013

.

HOWEVER … far too many individuals and organizations seem to be content to just settle back and end this good news story at Ratification.  They fail to understand that this is only the beginning !

The real challenge ahead will be to ensure that the Convention is Properly Implemented.

The Target before every State Party is … Effective Accessibility for All !!

.

.

END

Enhanced by Zemanta

‘Sustainable Accessibility for All’ – An SDI Professional Service

2012-11-30:  Related specifically to my 2 Previous Posts on 27 November 2012 & 28 November 2012 … this is how we would like to help you … whether you are an individual, or an organization … whether you are located in Ireland, Italy or Turkey … some other part of Europe, the Arab Gulf Region, India, Japan, China … or wherever !

And … we can, if requested or necessary, work in collaboration with local partners in those different geographical regions.

Introduction

For many Weak and Vulnerable People, today’s Complex Human Environment is inaccessible and unsafe … a hostile ‘reality’ which prevents independent functioning and participation in a local community;  it is a blatant denial of their human rights.

Restrictions on Social Participation, e.g. physical barriers, sloppy user-unfriendly management procedures, discrimination, stigma, etc … also limit the Use Potential of buildings, transportation systems, public spaces and other facilities … shortening product life cycles.

These factors impose a large, negative cost burden on society generally … and on you, as an individual … or as an organization, whether private or public.  It is bad business !

.

Colour photograph showing a main circulation route at a Railway Station in Kyoto, Japan ... with combined staircase and elevators. Notice, in particular, the dual height staircase handrails, for adults and children ... the strong contrast of the floor tactile information (a 'directional' indicator leading to a 'hazard' indicator, at the top of the staircase) compared to the rest of the floor, with its broad non-slip strips ... and, finally, arrows used to control staircase circulation flows at peak periods (down to the right, up on the left). Photograph taken by CJ Walsh. 2010-04-27. Click to enlarge.
Colour photograph showing a main circulation route at a Railway Station in Kyoto, Japan … with combined staircase and elevators. Notice, in particular, the dual height staircase handrails, for adults and children … the strong contrast of the floor tactile information (a ‘directional’ indicator leading to a ‘hazard’ indicator, at the top of the staircase) compared to the rest of the floor, with its broad non-slip strips … and, finally, arrows used to control staircase circulation flows at peak periods (down to the right, up on the left). Photograph taken by CJ Walsh. 2010-04-27. Click to enlarge.

.

SDI’s Commitment to You

As a necessary response to the New Paradigm of ‘Accessibility’ mandated by the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and elaborated in greater detail by International Standard ISO 21542 : 2011

WE are committed to … the implementation of a Sustainable Human Environment which is Effectively Accessible for All … through the use of innovative, person-centred and reliability-based sustainable design practices and procedures.

.

Colour photograph showing a Large Tactile Floor Plan at one of the entrances to the terminal building at Ciampino Airport in Rome, Italy. Notice, in particular, the use of an easily understandable type font combined with the high contrast between white characters and blue background ... the presentation of information in three different languages: Italian, English and Braille ... and, finally, the panel is mounted at a convenient height and angle. Photograph taken by CJ Walsh. 2011-10-26. Click to enlarge.
Colour photograph showing a Large Tactile Floor Plan at one of the entrances to the terminal building at Ciampino Airport in Rome, Italy. Notice, in particular, the use of an easily understandable type font combined with the high contrast between white characters and blue background … the presentation of information in three different languages: Italian, English and Braille … and, finally, the panel is mounted at a convenient height and angle. Photograph taken by CJ Walsh. 2011-10-26. Click to enlarge.

.

SDI’s Accessibility Services 

  • WE  will advise you on Accessibility Policy, Accessibility Strategy Development, Accessibility Implementation … and, whether you are within or from outside the European Union, on CE Marking of Accessibility Related Construction Products
  • WE  understand the process of Design, particularly the new language of Sustainable Design … and we will produce Creative Accessibility Solutions for Your Project
  • WE  are thoroughly familiar with the intricacies of Building Sites … and we will verify and/or validate Design Compliance during construction, and at project completion … and, if requested or necessary, as a completely Independent Technical Controller ; 
  • WE  communicate easily and effectively with other Professional Design Disciplines, including fire engineers … and we will act as fully participating members of Your Project Design & Construction Team

.

Sustainable Accessibility Solutions ?

  1. Are adapted to Local Geography, Climate/Climate Change, Social Need, Culture, Economy … and Severe Events (e.g. earthquakes and flooding) ;
  2. Are ‘Person-Centred’, i.e. that design process which places ‘real’ people at the centre of creative endeavours and gives due consideration to their responsible needs, and their health, safety, welfare and security in the Human Environment ;
  3. Are ‘Reliability-Based’, i.e. that design process based on practical experience, competence and an examination of real extreme events, e.g. 2001 WTC 9-11 & 2008 Mumbai Attacks, and 2011 Fukushima Nuclear Incident … rather than theory alone.

.

SDI’s Contact Information

E-Mail:  cjwalsh@sustainable-design.ie

International Phone:  +353 1 8386078   /   National Phone:  (01) 8386078

.

.

Important Note:  This Post should be read in conjunction with an earlier Post …

Sustainable Design International Ltd. – Our Practice Philosophy

It is there, not here, that we define Sustainable Human & Social Development … and describe how our Practice is responding to this open, intricate, dynamic, and still evolving concept.  The resulting transformation in how frontline services are provided to our Clients/Client Organizations ensures a much more comfortable ‘fit’ to their needs … and a greater level of protection, safety and security for society !

.

.

END

Enhanced by Zemanta

Stop Press ! … ISO 21542 on Accessibility-for-All Published !!

2012-03-25:  No news about this momentous development, yet, on the International Design and Disability Networks … (why is that ? – are they all asleep out there ?) … but International Standard  ISO 21542: ‘Building Construction – Accessibility and Usability of the Built Environment’  was finally published by the International Standards Organization (ISO) in December 2011 !   Even ISO, and national standards organizations, have been slow with an official notification.

This International Standard now provides building users, architects, designers, engineers, builders, building owners and managers, manufacturers, policy makers and legislators with the requirements and recommendations to create a Sustainable Built Environment which is Accessible.

The First Edition of ISO 21542, dated 2011-12-15, represents an agreement reached by strong consensus between different countries all over the world … an agreement patiently constructed and pieced together by a small, dedicated international group of Accessibility Experts.  As one of those experts, I am tremendously relieved that this main task has been accomplished … but the process must continue … there are still errors in the document … and the fire safety texts must be expanded.

This is also an agreement which signals that uniform implementation of the main provisions (accessibility-related) in the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) can commence across the globe, not just in the developed economic regions.

The purpose of this International Standard is to define how the built environment … in particular, public buildings … should be designed, constructed and managed to enable people to approach, enter, use, egress from and evacuate a building independently, in an equitable and dignified manner and to the greatest extent possible.

Colour image showing an Accessible Fire Evacuation Route Sign. From now on, Building Users should expect that these routes will be Accessible-for-All, throughout their full extent, until they reach a Place of Safety which is remote from the Building. Otherwise, they will be able to find accommodation in a suitable Area of Rescue Assistance along the route. Click to enlarge.
Colour image showing an Accessible Fire Evacuation Route Sign. From now on, Building Users should expect that these routes will be Accessible-for-All, throughout their full extent, until they reach a Place of Safety which is remote from the Building. Otherwise, they will be able to find accommodation in a suitable Area of Rescue Assistance along the route. Click to enlarge.

.

A new international understanding of ‘Building Accessibility’ is hereby established … ‘Access’ (approach, entry and use) can no longer be divorced from ‘Egress’ (in the normal course of events) and ‘Evacuation’ (in the event of an emergency).

The concept of ‘Access’, in isolation, and the role of the ‘Access Consultant’ are, therefore, outdated and obsolete !   And use of the word ‘Escape’, in any context, is to be firmly and rigorously discouraged !!

The intention of this International Standard is to meet the needs of the majority of people.  This goal is achieved by agreement on minimum standards of accessibility and usability which are generally accepted to accommodate diversities of age and the human condition.

.

In future … proper emphasis must be placed on Real and Effective Implementation of Accessibility-for-All in the built environment … to meet the needs of real people in all of our communities.

In the past … too many scarce human resources have been diverted into pointless discussions and arguments about accessibility design philosophies.  And, particularly in Europe, we have been far too fond of ‘talk’, instead of ‘action’ !   No more !!

.

ISO 21542 : 2011  applies to new and existing buildings.

IF this Standard’s requirements and recommendations are taken into consideration during the earliest stages of New Building Design … the costs of providing satisfactory accessibility and usability in a building will be minimal.

Yes, there are problems with improving the accessibility performance of Existing Buildings … just as there are problems, for example, with improving their energy performance.  However … creativity, design flexibility, and an in-depth understanding of the principles of Accessibility-for-All … will ensure that the functional requirements of this Standard are properly met.

Mindful of the  1964 Venice Charter  and other similar international instruments … accessibility must also be facilitated in Existing Buildings of Historical, Architectural and Cultural Importance.  In such cases, it will be necessary for national authorities having jurisdiction to allow some relaxation of the requirements in this International Standard … as well as to proactively recommend appropriate alternative accessibility measures.

.

This new approach to Accessibility-for-All in the Built Environment … as set down in ISO 21542 … was directly informed by Preamble Paragraph (g) and Articles 9, 10 and 11 of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).

At the time of writing … the UN CRPD has been ratified by the European Union (EU) and 109 Other Countries.

An Important Note for Parties to the Convention which is entirely outside the scope of ISO 21542, and standardization generally … but very relevant to the implementation, for example, of Article 11 at national level in the ratifying Countries and EU Member States …

UN CRPD  Article 12 – Equal Recognition Before The Law

1.   States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

2.   States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

3.   States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

4.   States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law.  Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body.  The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.

5.   Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

.

ISO 21542 : 2011  is available from the International Standards Organization (ISO) at … www.iso.org/

The Official Abstract on the ISO WebSite states …

ISO 21542 : 2011  specifies a range of requirements and recommendations for many of the elements of construction, assemblies, components and fittings which comprise the built environment.  These requirements relate to the constructional aspects of access to buildings, to circulation within buildings, to egress from buildings in the normal course of events and evacuation in the event of an emergency.  It also deals with aspects of accessibility management in buildings.

ISO 21542 : 2011  contains provisions with respect to features in the external environment directly concerned with access to a building or group of buildings from the edge of the relevant site boundary or between such groups of buildings within a common site.  It does not deal with those elements of the external environment, such as public open spaces, whose function is self-contained and unrelated to the use of one specific building, nor does it deal with single-family dwellings, other than those circulation spaces and fittings that are common to two or more such dwellings.

.

.

END

Enhanced by Zemanta

OVE ARUP & Hong Kong’s New Fire Safety Code of Practice

2012-02-18:  It will be of interest to people in this part of the world that Hong Kong has introduced a New Code of Practice on Fire Safety in Buildings, which will come into effect from 1 April 2012.  The reason for this interest will be strange and unusual …

Hong Kong Buildings Department

2011 Hong Kong Code of Practice for Fire Safety in Buildings

Click the Link Above to read and/or download PDF File (3.96 Mb)

The following extract from the Foreward (paragraph #3) to this Code of Practice explains how it came to be developed … and then issued back in September 2011 …

This Code of Practice may be cited as the Code of Practice for Fire Safety in Buildings.  It is prepared and issued by the Buildings Department on the basis of the consultancy study on fire engineering approach and fire safety in buildings.  The consultancy study was conducted by Ove Arup & Partners Hong Kong Ltd., commissioned by the Buildings Department, and was supervised by a Steering Committee comprising representatives of professional institutions and other stakeholders of the building industry, as well as other Government Departments.

.

It so happens that, here, a few weeks ago … I was wondering how the United Nations Convention on the Rights of Persons with Disabilities (CRPD) was being implemented in a number of countries which had ratified it.  China ratified the Convention on 1 August 2008.  Once again, this is Article 11 …

UN CRPD  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:  An outbreak of fire in a building is a situation of serious risk for all vulnerable building users ! ]

So … what has been the response of Hong Kong to this issue … and to the voluntary obligation which China has accepted, under International Law, to comply with Article 11 of the UN CRPD ?

The issue has been completely ignored in the New Code of Practice !

.

.

END

Enhanced by Zemanta

FCCC COP-15: Historical Responsibility & Poverty Reduction ?

2009-12-16:  ‘Chaotic’ is not the only word to describe what is happening right now in Copenhagen !   A few additional parliamentary expletives are required.  Is it just me … or is it obvious to everyone … that the Danes could not organize an orgy at an International Golf Tournament ?

What the world urgently needed was an ambitious, legally binding agreement … a Kyoto II Protocol, for want of a better title … to slot into place when the 1st Commitment Period ends in 2012.  What we may end up with is an ambiguous ‘political’ agreement … which will be worth approximately 1 cent more than the paper on which it will be scrawled.

There is something definitely rotten in the State of Denmark !   Multiple drafts of the same working document circulating at the same time … backroom meetings away from public scrutiny … greedy developed countries trying to avoid responsibility and action … strutting, self-important NGO’s thinking that they know all the answers … etc., etc … kill any confidence in the process stone dead.  These are not the ways of Sustainable Social Partnership.

However … at a far distance from the hustle and bustle … it can be observed that Interesting Side Events are taking place … and Thought Provoking Reports are being presented … before, during and after the main gatherings between the 7th and 18th December 2009:

  • 15th Session of the Conference of the Parties (COP-15) to the United Nations Framework Convention on Climate Change (UNFCCC) ;
  • 5th Meeting of the Parties (MOP-5) to the Kyoto Protocol.

.

African Countries are not the only Group having difficulty with what is/is not happening in Copenhagen …

Two recent Discussion Papers from The Energy & Resources Institute (TERI), in India, are worth bringing to your attention.  Both raise issues which are not very popular in this part of the world.  And … it so happens that Dr. Rajendra K Pachauri – Director-General of TERI … is also Chairman of the WMO-UNEP Intergovernmental Panel on Climate Change (IPCC) !

  1. Right to Sustainable Development: An Ethical Approach to Climate Change (December 2009), by Leena Srivastava, Neha Pahuja, Manish Shrivastava & Prabhat Upadhyay.  PDF File, 228 Kb.  Click link to read and/or download.  Discusses ideas such as: ‘equity’, ‘fairness’, ‘historical responsibility’ (of UNFCCC Annex I Countries), ‘climate justice’, etc.
  2. Linking Climate Action & Poverty Alleviation – An Approach to Informed Decision-Making (December 2009), by Atul Kumar.  PDF File, 488 Kb.  Click link to read and/or download.

Notes:

To gain worldwide acceptance – across developed, developing and least developed regions of the world – and to have a reasonable chance of reliable implementation in those disparate regions … mitigation of, and adaptation to, climate change, including variability and extremes, must be fully compatible with the concept of Sustainable Human & Social Development.  This is clearly elaborated in both the 1992 UNFCCC and the 1997 Kyoto Protocol.

To be clear among ourselves on this island … Ireland is specifically named (without any qualification), among other Developed Countries … in Annex I and Annex II of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) … and in Annex B of the 1997 Kyoto Protocol, which is legally binding.  The European Union is not mentioned, at all, in either document.

It is of concern to note that although India ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (CRPD) in October 2007 – TERI (India) has very recently placed a Document (No.1 above) in the public domain, at Copenhagen, which actively forbids content extraction by people with activity limitations for the purposes of equitable accessibility !   Joined-up thinking !?!?

.

.

END

Enhanced by Zemanta