Universal Declaration of Human Rights

2015 Dublin Declaration on ‘Fire Safety for All’ Adopted !

2015-04-20:  After a lengthy, constructive and very interesting discussion which resulted in some important text revisions … on Friday afternoon in Dublin, 10 April 2015, at the ‘Fire Safety for All’ Conference (www.fire-safety-for-all.eu) … all participants voted to adopt, support and promote the 2015 Dublin Declaration on ‘Fire Safety for All’ in Buildings !

With regard to International Distribution and Promotion of the Declaration … many readers of this Technical Blog belong to varied professional, social and business networks.  I would earnestly ask you to circulate the Declaration widely within those networks, and to actively seek the support of as many organizations and individuals as possible.  This support should be confirmed by means of a simple e-mail message to: fireox@sustainable-design.ie … and I will then add the names of supporters to the Fire Safety for All WebSite (www.fire-safety-for-all.eu).  Copies of the Declaration, in PDF and WORD Formats, can also be downloaded from the WebSite.

Fire-Safety-4-All_smlThis Benchmark Declaration on Accessibility and Fire Safety for People with Activity Limitations … is an essential reference document for all stakeholders and interested parties.  It draws a long-awaited, broad, distinct and stable line in the shifting sands of a rapidly evolving Sustainable Human Environment (social, built, virtual, economic, and institutional) ….

1.   As of 14 July 2015 … 156 Countries, plus the European Union, have ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD).  Since the Convention became an international legal instrument in 2008, however, the UN CRPD Preamble’s Paragraph (g): ‘mainstreaming disability in sustainable development strategies’ … and Paragraph (v): ‘the importance of accessibility in enabling people to fully enjoy their rights and fundamental freedoms’ … have tended to receive insufficient public attention and scrutiny.  The Dublin Declaration on ‘Fire Safety for All’ in Buildings and the related CIB W14 Research Working Group 5’s Reflection Document have been drafted with those two paragraphs very much in mind.

2.   Although a situation of serious risk for vulnerable building users … it is not appropriate to deal with Fire Safety for All in Buildings under Article 11: ‘Situations of Risk & Humanitarian Emergencies’ of the U.N. Convention on the Rights of Persons with Disabilities … where situations of grave risk are handled, e.g. Extreme Man-Made Events, Hybrid Disasters, Severe Natural Events, Complex Humanitarian Emergencies … all amid Accelerating Climate Change & Variability.

Take the case of an earthquake, for example … where there will be large-scale serious building damage and many, many building collapses throughout an affected region.  On the other hand, when considering fire safety for all in any building … it is necessary that the building shall remain not just structurally stable, but serviceable.

3.   It is more appropriate, particularly since the publication of International Standard ISO 21542 (2011) with its expanded definition of Building Accessibility, that Fire Safety for All be incorporated into the meaning and implementation of Article 9: ‘Accessibility’ of the CRPD … in exactly the same manner that fire safety is fully integrated into everyday mainstream building use, and mainstream building fire safety codes and standards.

As there are no references, at all, to either ‘fire’ or ‘safety’ in Articles 9 … there is much to be explained and clarified in the 2015 Dublin Declaration on ‘Fire Safety for All’ in Buildings, if ‘real’ implementation is to be both practical and successful.

An improved and updated definition of Building Accessibility is contained in Principle 3 of the Dublin Declaration …

‘Accessibility of a Building encompasses the complete cycle of independent use, in a dignified manner and on an equal basis with others … and includes the approach, entry and use of a building and its facilities, egress during normal conditions and removal from its vicinity … and, most importantly, safe evacuation during a fire incident to a place of safety which is remote from the building and reached by way of an accessible route.’

4.   The Dublin Declaration contains a Preamble, Principles 1-9 which are headlined below, and an Appendix with many Terms and Definitions …

Principle 1 – A Human Right
Principle 2 – Successful Implementation
Principle 3 – Building Accessibility
Principle 4 – Design for Safe Evacuation
Principle 5 – Accessible EICT’s
Principle 6 – Fire Safety Skills
Principle 7 – Reasonable Spatial Provision
Principle 8 – Building Management
Principle 9 – Firefighters

5.   Existing approaches to Fire Safety, Protection & Evacuation in Buildings for People with Activity Limitations … as described and illustrated in the notable examples of British Standard B.S. 9999 (2008), Singapore’s FSR 7 (2011), and Hong Kong’s Fire Safety Code Addendum (2014) … are technically inadequate, tokenistic, discriminatory, create barriers to social participation, and violate human rights.  Therefore, any further use or recourse to such existing approaches must be terminated immediately !

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2015  DUBLIN  DECLARATION  ON  ‘FIRE SAFETY FOR ALL’  IN  BUILDINGS
A Call to Action and Successful Implementation !

(Adopted in Dublin, 2015-04-10)

Meeting In  Dublin, Ireland … on Thursday and Friday, 9 and 10 April, 2015

In Co-Operation With  the International Council for Research & Innovation in Building & Construction (CIB), Rehabilitation International’s International Commission on Technology & Accessibility (RI-ICTA), the Global Alliance for Accessible Technologies & EnvironmentS (GAATES), and the EUropean Concept for Accessibility Network (EuCAN) ;

Recognizing  the integral and interdependent nature of the natural and human environments (social, built, virtual, economic and institutional) on this small planet Earth, our common home … and the need for harmonized principles to inspire and guide the peoples of the World in the enhancement of a human environment which cherishes the dignity, worth and many abilities of every person ;

Whereas  in the United Nations Charter, the U.N. Member States pledged their respect for, and the protection and observance of, fundamental human and social rights … and have determined to promote social development and better standards of living for all ;

Recalling  the Universal Declaration of Human Rights (UDHR), adopted on 10th December 1948 … which established a global framework of human and social rights – basic needs and protections – and fundamental freedoms for every person and communal gathering ;

Recalling Also  the Rio de Janeiro Declaration on Sustainable Social Development, Disability & Ageing, adopted on 11th December 2004 … which stressed the importance of the social aspects in Sustainable Human & Social Development ;

Mindful Especially  of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), adopted on 13th December 2006 … the principal aim of which is to ensure that the human environment is sufficiently accessible to permit a vulnerable and major population group in all communities to safely exercise and enjoy the human and social rights and fundamental freedoms described in the 1948 UDHR ;

Working Towards  the achievement of justice, equality of opportunity, social inclusion, active participation and development for every person with an activity limitation in all communities … and recognizing that accessibility of the human environment is an essential prerequisite for the above, and that fire safety for all is a critical life safety component of that accessibility ;

Aware Always  of the universal reality that there is still a strong social stigma associated with disability and, particularly, mental ill-health … that much of the human environment is not accessible for all, and even where it is robustly mandated in law, the quality of that accessibility is poor … and that fire safety guidelines for people with activity limitations in buildings, if they exist, are inadequate and/or tokenistic, and rarely implemented ;

Welcoming the launch of the CIB Working Commission 14: Fire Safety – Research Working Group 5’s Reflection Document: Buildings & ‘Fire Incident Human Behaviour and Abilities’ which presents a practical examination and general overview of fire safety for all

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Addressed to every Country and the European Union – those many Voluntary Parties to the U.N. Convention on the Rights of Persons with Disabilities – and the Politicians, Authorities Having Jurisdiction, State Agencies, Professional Bodies & Institutions, Non-Governmental Organizations, Charitable & Private Organizations, etc., based within those separate jurisdictions:

We Declare That The Following Principles Must …

Be carefully studied, successfully implemented, and independently monitored … supported by Benchmarking, reliable Data and Statistics, and the informed use of pertinent Accessibility & Fire Safety Related Performance Indicators …

Principle 1 – A Human Right

Full and effective accessibility of the Human Environment (social, built, virtual, economic and institutional) is a fundamental human and social right, i.e. a basic need, for people with activity limitations – it is an essential prerequisite for the safe exercise and enjoyment of those rights, protections and freedoms set down in the 1948 Universal Declaration of Human Rights and subsequent international rights instruments … and crucially, for their health, participation, inclusion and development in all communities.

Principle 2 – Successful Implementation

Successful accessibility implementation … meaning high quality accessibility performance in the built environment … is reliant upon:

  • A robust legal base mandating accessibility for all and fire safety for all ;
  • Determined political will ;
  • Sufficient public financial resources ;
  • A compassionate and understanding bureaucracy at all levels ;
  • Competent … meaning duly educated, trained and experienced in accessibility and fire safety design … spatial planners, architects, structural engineers, fire engineers, quantity surveyors, technical controllers, industrial designers, building managers, and people at all levels in construction organizations ;
  • Independent monitoring of accessibility and fire safety performance ;
  • Innovative, well-designed accessibility and fire safety related products and systems which can be shown to be ‘fit for their intended use’.

Principle 3 – Building Accessibility

Accessibility of a Building encompasses the complete cycle of independent use, in a dignified manner and on an equal basis with others … and includes the approach, entry and use of a building and its facilities, egress during normal conditions and removal from its vicinity … and, most importantly, safe evacuation during a fire incident to a place of safety which is remote from the building and reached by way of an accessible route.

Principle 4 – Design for Safe Evacuation

Accessibility design criteria must be infused into all of the practical, day-to-day work of building designers and, especially, in the development of project-specific fire engineering design objectives … and be applied from the initial stages of building design, through to the construction and reliable life cycle operation of vertical and horizontal fire evacuation routes facilitating contraflow, areas of rescue assistance, fire safety related signage, controls and fittings, fire prevention and protection measures, fire safety management procedures, routes to and locations of places of safety, etc., etc.
• Evacuation way finding in buildings must be intuitive and obvious ;
• 3 Keywords for building designers must be: reality – reliability – redundancy.

Principle 5 – Accessible EICT’s

Electronic, information and communication technologies are ubiquitous in today’s complex built and virtual environments.  During a real fire incident in a building, they serve a function which is critical for the safety of all building users and firefighters, property protection, minimizing environmental damage and harm, and sustainability. For that reason, they must have a control and/or user interface which is accessible for all.

Principle 6 – Fire Safety Skills

People with activity limitations who occupy or use a building frequently must be included in all practice fire evacuations, in order to learn the skill of safe independent evacuation to an accessible place of safety remote from the building.  During a real fire incident, evacuation assistance provided by other building users or rescue by firefighters, and the time spent waiting for that assistance or rescue in the building must be kept to an absolute minimum.

People with activity limitations must be actively encouraged to participate in fire safety preparatory planning and regular practices … and, without exception, must be consulted and included in all activities concerning their own evacuation from a building.

Management systems and fire protection measures in buildings are never 100% reliable.  People with activity limitations must, therefore, be actively encouraged to be self-aware in situations of risk, and facilitated in learning the skill of self-protection.

Principle 7 – Reasonable Spatial Provision

Reasonable spatial provision must be allocated in a building for the needs of real users, who vary in the range of their individual behaviour and abilities … and for the real building user population profile which, avoiding discrimination, must reflect a society as a whole.  Concerning fire safety for all and the necessary size, for example, of an area of rescue assistance which adjoins a fire evacuation staircase on every floor in a building … the following indicators, exclusive of extra provision for assistants, must guide the architect and fire engineer in the collaborative design process:

(a)  Minimum reasonable provision for people with disabilities in a building – 10% of design occupant/user population ;

(b)  Minimum reasonable provision for people with activity limitations in a building … 15% of design occupant/user population.

Principle 8 – Building Management

Building managers must ensure that fire safety for all preparatory planning is effective, and that practices are held regularly … before any real fire incident occurs.  And as part of their normal, day-to-day functioning … managers must be fully aware that, without due attention to accessibility-related services, product maintenance and occupant/user welfare policies, the quality of accessibility in a building will rapidly deteriorate.

Personal Emergency Evacuation Plans (PEEPS) must not be used to limit or restrict access to any part of a building and its facilities.

Principle 9 – Firefighters

Firefighters must be trained to interact with and rescue people with activity limitations from buildings, using procedures and equipment which will not cause injury to either.  Fire services must ensure that they operate such procedures and possess such regularly serviced equipment.

Emergency service organizations must operate reliable systems to notify the fire services of emergency situations, which are accessible for all and useable by the public at all times.

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APPENDIX – Terms & Definitions

Area of Rescue Assistance:  A sufficiently large 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 evacuation assistance or rescue, without obstructing or interfering with the evacuation travel of other building users.

Contraflow Circulation in a Fire Building:  Emergency access by firefighters or rescue teams into a building and towards a real fire … while building users are still moving away from the fire and evacuating the building.

Evacuation from a Fire Building:  To withdraw, or cause to withdraw, all users from a building which is on fire … in pre-planned and orderly phased movements to an accessible place of safety remote from the building.

Fire Compartmentation:  The division of a building into fire-tight compartments by fire, smoke and heat resisting elements of construction, in order to …
a)  contain an outbreak of fire, including any smoke and heat generated by the fire ;
b)  prevent damage, within the building, to other adjoining compartments and spaces ;
c)  protect a compartment interior from external fire attack, e.g. fire spread across the building’s facade or from an adjacent building ;
d)  minimize adverse, or harmful, environmental impacts outside the building.

Human Health:  A state of complete physical, mental and social wellbeing, and not merely the absence of disease or infirmity.

People with Activity Limitations (E) / Personnes à Performances Réduites (F):  Those people, of all ages, who are unable to perform, independently and without aid, basic human activities or tasks – because of a health condition or physical / mental / cognitive / psychological impairment of a permanent or temporary nature.

The above Term includes …

  • wheelchair users ;
  • people who experience difficulty in walking, with or without a facilitation aid, e.g. stick, crutch, calliper or walking frame ;
  • frail, older people ;
  • the very young (people under the age of 5 years) ;
  • people who suffer from arthritis, asthma, or a heart condition ;
  • the visually and/or hearing impaired ;
  • people who have a cognitive impairment disorder, including dementia, amnesia, brain injury, or delirium ;
  • women in the later stages of pregnancy ;
  • people impaired following the use of alcohol, other ‘social’ drugs e.g. cocaine and heroin, and some medicines ;
  • people who suffer any partial or complete loss of language related abilities, i.e. aphasia ;
  • people impaired following exposure to environmental pollution and/or other irresponsible human activities, e.g. war and terrorism ;

and …

  • people who experience a panic attack in a real fire situation or other emergency ;
  • people, including firefighters, who suffer incapacitation as a result of exposure, during a real fire, to smoke and poisonous or toxic substances, and/or elevated temperatures.

Place of Safety:
•  Any accessible 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 triage can safely be rendered … and from where effective medical care and supervision can be organized and provided within one hour of injury (the ‘golden hour’) ;   and
•  Where people can be identified.

Note: If there is a risk of an explosion associated with a fire – multiply the numbers in square brackets above by 4.

Progressive Damage in Fire / Fire-Induced Progressive Damage:  The sequential growth and intensification of structural deformation and displacement, beyond fire engineering design parameters, and the eventual failure of elements of construction in a building – during a fire and the ‘cooling phase’ afterwards – which, if unchecked, will result in disproportionate damage, and may lead to total building collapse.

Note: Fire-induced progressive damage may commence long before there is any breach in the integrity of a fire compartment’s boundaries.

Real Fire:  A fire which develops in a building and is influenced by such factors as the type of building and its occupancy (numbers, abilities and activities) ;  the combustible content (fire load) ;  the ventilation, geometry and thermal properties of the fire compartment or building space (should no fire compartmentation exist) ;  the fire suppression systems in the building, and the actions of firefighters.

Skill:  The ability of a person – resulting from proper training and regular practice – to carry out complex, well-organized patterns of behaviour efficiently and adaptively, in order to achieve some end or goal.

Social Environment:  The complex network of real and virtual human interaction – at a communal or larger group level – which operates for reasons of tradition, culture, business, pleasure, information exchange, institutional organization, legal procedure, governance, human betterment, social progress and spiritual enlightenment, etc.

Social Rights:  Rights to which an individual person is legally entitled, e.g. the right to free elementary education (Art.26(1), UDHR), but which are only exercised in a social context with other people, and with the active support of a competent legal authority, e.g. a Nation State.

Social Wellbeing:  A general condition – in a community, society or culture – of health, happiness, creativity, responsible fulfilment, and sustainable development.

Virtual Environment:  A designed environment, electronically generated from within the built environment, which may have the appearance, form, functionality and impact – to the person perceiving and actually experiencing it – of a real, imagined and/or utopian world.

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Good Design Practice: ‘Fire Safety for All’ & EICT Accessibility

[ EICT’s = Electronic, Information & Communication Technologies ]

2014-10-13:  Electronic, Information and Communication Technologies have rapidly become an essential feature of the Built, Social and Economic Environments; they are everywhere.  During a fire incident, however, these e-Technologies serve a function which is critical for the safety of all building users and firefighters, property protection, minimizing environmental damage, and sustainability.  They must, therefore, have a user interface which is Accessible for All … from both ends.

This is a requirement of International Law … and an unambiguous National Requirement (expressed in the form of law and/or mandatory administrative provisions) in those jurisdictions which are States Parties to the United Nations Convention on the Rights of Persons with Disabilities (CRPD).

There is no European Standard (EN) on e-Technology Accessibility … and, in the European Union (EU), a coherent approach to the accessibility of even a modest range of EICT’s has not yet even been developed.

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Electronic, Information and Communication Technologies (EICT’s) must comply with Section 508 of the United States Rehabilitation Act Amendments of 1998 … or with a suitable Standard/Guidance Document of another country which details an equivalent level of e-Accessibility performance.

U.S. Section 508 covers the following range of e-Technologies:

  • Software Applications & Operating Systems (1194.21) ;
  • Web-based Intranet and Internet Information and Applications (1194.22) ;
  • Telecommunications Products (1194.23) ;
  • Video and Multimedia Products (1194.24) ;
  • Self Contained, Closed Products (1194.25) ;
  • Desktop and Portable Computers (1194.26)

Source WebSite, Helpful Guidance & Support …

www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards

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SDSN’s Action Agenda for Sustainable Development & SDG’s ?!?

2013-05-23:  The U.N. Secretary-General, Ban Ki-Moon, announced the launch of the United Nations Sustainable Development Solutions Network (SDSN) on 9 August 2012.

UN SDSN is structured around 12 Thematic Groups of scientific and technical experts – from academia, civil society, and the private sector – who work in support of Sustainable Development Problem Solving at local, national, and global scales … and to identify and highlight best practices.  They also provide technical support to the High-Level Panel of Eminent Persons on the Post-2015 Development Agenda.

UN Sustainable Development Solutions Network (SDSN) Logo

The world has changed profoundly since the year 2000, when the UN Millennium Declaration and the Millennium Development Goals (MDG’s) were adopted by the United Nations.  Four critical shifts make the coming fifteen-year period, 2015-2030, different from the MDG period, 2000-2015:  (i) a drastically higher human impact on the physical Earth;  (ii) rapid technological change;  (iii) increasing inequality;  and (iv) a growing diffusion and complexity of governance.

These problems will expand, dangerously beyond our control, without an urgent and radical transformation in how we organize society.  The world now needs an operational Sustainable Development Framework which can mobilize all key actors (national & local governments, civil society, business, science and academia) in every country to move away from the Business-as-Usual (BaU) Trajectory towards a Sustainable Development (SD) Path.  This Framework and the SDG’s identify the main objectives and strategies needed to transform from BaU to SD.

The purpose of the Sustainable Development Goals (SDG’s) is to help translate global aspirations into practical actions.  In this regard, SDSN has subscribed to the ‘Rio+20’ Agreement that the SDG’s should be ‘action-oriented, concise and easy to communicate, limited in number, aspirational, global in nature and universally applicable to all countries while taking into account different national realities, capacities and levels of development, and respecting national policies and priorities’.

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SDI’s Comments on the Draft ‘Action Agenda for Sustainable Development & Sustainable Development Goals’ …

[ Submitted by e-mail, yesterday (2013-05-22), to the U.N. Sustainable Development Solutions Network.]

1.   The problems with this Draft Document, dated 7 May 2013, are fundamental and profound.  Our Organization will be happy to assist the Network (SDSN) in improving the text.

2.   At this time, however, we would like to bring to your attention some urgent overarching issues:

  • Amend the Title … refer directly to the Sustainable Development Goals (SDG’s).  See above.
  • As drafted, the text does not show that … or explain how … there is a robust Interdependence between the different Sustainable Development Goals.
  • Indeed, the scale and immediacy of the Sustainable Development Challenges are unprecedented.  The Network (SDSN) must now, therefore, take the brave and difficult step of placing the Sustainable Development Goals in order of priority.  Do not allow yourselves to be shackled by the approach taken in the earlier Millennium Development Goals !
  • In this Document, All of the texts dealing with ‘Governance’ are ambiguous, weak and embarrassingly inadequate.  References to the Institutional, Political, Legal and Judicial Aspects of ‘Governance’ are both necessary, and required.
  • The word ‘access’ is used very often and very generally in the Document.  BUT … in order for People with Activity Limitations (2001 WHO ICF) to ‘access’ facilities and services in the Built (including Virtual), Social and Economic Environments, and to be included and participate fully in their local communities … it is an ESSENTIAL prerequisite that those Environments are effectively ACCESSIBLE-FOR-ALL !   This concept is not mentioned once in the Document … a very serious omission.

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Updates:  2013-06-07 & 2013-07-22 …

The SDSN Final Report is Fundamentally and Profoundly INADEQUATE !

Immediately below that … see Extracts from the Letter of Navanethem Pillay, United Nations High Commissioner for Human Rights, dated 6 June 2013 … addressed to All Permanent Missions in New York and Geneva.

UN SDSN's 'An Action Agenda for Sustainable Development' - Final Report Cover6 June 2013 – Final Report

UN SDSN’s ‘An Action Agenda for Sustainable Development’ (Final)

Click the Link Above to read and/or download PDF File (1.91 MB)

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” Twenty years ago this June, the World Conference on Human Rights convened at Vienna to forge a new vision for our world, one founded on a recognition of the fundamental interdependence between democracy, development and human rights.  In the tail of a blood-stained and deprived century, the whispered call was for dignity, equality, justice, rights.  And what began as a murmur in Vienna grew in volume and force with each global conference: Copenhagen and Beijing in 1995, Durban in 2001, New York in 2005 and again in 2010, and Rio in 2012.  In recent years, the murmur has become a roar, echoing across societies on all continents, from victims denied redress, older persons denied respect, youth denied hope, and activists demanding a better way.  From this call, we have learned much about the imperatives of sustainable development.  There will be no development without equality, no progress without freedom, no peace without justice, no sustainability without human rights.”

“All that is required is the political will to move beyond the failed approaches of the past, to chart a fresh course, and to embrace a new paradigm of development built on the foundation of human rights, equality and sustainability.”

1.     The Post-2015 Agenda must be built on a human rights-based approach, in both process and substance.

2.     The new agenda must address both sides of the development challenge – that is freedom from both fear and want.

3.     The imperative of equality must underpin the entire framework.

4.     Marginalized, disempowered and excluded groups, previously locked out of development, must have a place in the new agenda.

5.     We must commit to ending poverty.

6.     The new framework must advance a healthy environment, as an underlying determinant of internationally guaranteed human rights.

7.     The Universal Declaration of Human Rights guarantees the right to an international order in which human rights can be fully realized.  Similarly, the UN Declaration on the Right to Development mandates international reform to ensure human rights-based policy coherence at the international level.  In the wake of the global financial, food, climate and energy crises, and in the context of growing disparities and historic governance failures at all levels, the credibility and effectiveness of the Post-2015 Agenda will therefore depend also on the degree to which it addresses this pressing need for human rights-based reforms at international level.

8.     The Post-2015 Agenda should be universally applicable.

9.     The Post-2015 Agenda must include a strong accountability framework.

10.   In the wake of the devastating global financial crisis, and revelations of abusive business practices in all regions, it is clear that responsibility for human rights-based development in the Post-2015 period must extend to actors in the private sector, as well.

6 June 2013 – United Nations OHCHR, Geneva

‘Human Rights in the Post-2015 Agenda’ – Letter from the UN High Commissioner for Human Rights to All Permanent Missions in New York and Geneva

Click the Link Above to read and/or download PDF File (642 Kb)

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Human Rights Must Have ‘Real’ Meaning in a Civilized Society !

2009-10-07:  As previously discussed … but deserving much repetition … the 2006 United Nations Convention on the Rights of Persons with Disabilities (CRPD) became an International Legal Instrument, i.e. entered into force, on 3rd May 2008.

This UN Convention simply aims to ensure that persons with disabilities are able to access human rights on the same basis as everyone else in society.  And rights are no more than an elaboration of the responsible basic needs of all human beings.

It is worth recalling that the 1948 Universal Declaration of Human Rights was directly born out of the large-scale death, human misery and environmental destruction of the Second World War in Europe, North Africa, the Middle-East … and throughout Asia and the Pacific.

Human Rights must have – do have – ‘real’ meaning in a civilized society !

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Israel signed the UN Disability Rights Convention on 30th March 2007.  At the time of writing, it has not yet signed the Convention’s Optional Protocol.  Israel has definitely not ratified the Convention or the Optional Protocol.

[To be fair, Ireland is in exactly the same position as Israel.  Why am I not surprised ?!?]

With regard to Situations of Risk, e.g. a fire emergency in a building … or Humanitarian Emergencies, e.g. the Gaza Conflict from December 2008 to January 2009 … the language of Article 11 in the UN Convention is very clear and straightforward:

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.”

On 3rd April 2009, the President of the UN Human Rights Council established the United Nations Fact Finding Mission on the Gaza Conflict with the mandate “to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.”

The President appointed Justice Richard Goldstone, former judge of the Constitutional Court of South Africa and former Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda, to head the Mission.  The other three appointed members were:

  • Professor Christine Chinkin, Professor of International Law at the London School of Economics and Political Science, who was a member of the high-level fact finding mission to Beit Hanoun (2008) ;
  • Ms. Hina Jilani, Advocate of the Supreme Court of Pakistan and former Special Representative of the Secretary-General on the situation of human rights defenders, who was a member of the International Commission of Inquiry on Darfur (2004) ;   and
  • Colonel Desmond Travers, a former Officer in Ireland’s Defence Forces and member of the Board of Directors of the Institute for International Criminal Investigations.

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The Report of the Fact Finding Mission on the Gaza Conflict was presented to the Human Rights Council, in Geneva (Switzerland), on 29th September 2009.

The following is a short extract from that Report

Section A – XVII  The Impact of the Blockade and of the Military Operations on the People of Gaza and their Human Rights

Persons with Disabilities (Paragraphs 1283-1291)

1283   Information provided to the Mission showed that many of those who were injured during the Israeli military operations sustained permanent disabilities owing to the severity of their injuries and/or the lack of adequate and timely medical attention and rehabilitation.  Gaza hospitals reportedly had to discharge patients too early so as to handle incoming emergencies.  Other cases resulted in amputations or disfigurement.  About 30 per cent of patients were expected to have long-term disabilities.

1284   WHO reported that by mid-April 2009 the number of people with different types of permanent disability (e.g. brain injuries, amputations, spinal injuries, hearing deficiencies, mental health problems) as a result of the military operations was not yet known.  It reported speculations that there might be some 1000 amputees; but information provided by the WHO office in Gaza and based on estimates by Handicap International indicated that around 200 persons underwent amputations.

1285   While the exact number of people who will suffer permanent disabilities is still unknown, the Mission understands that many persons who sustained traumatic injuries during the conflict still face the risk of permanent disability owing to complications and inadequate follow-up and physical rehabilitation.

1286   The Mission also heard moving accounts of families with disabled relatives whose disability had slowed their evacuation from a dangerous area or who lived with a constant fear that, in an emergency, their families would have to leave them behind because it would be too difficult to evacuate them.

1287   One testimony concerned a person whose electric wheelchair was lost after his house was targeted and destroyed.  Since the residents were given very short notice of the impending attack, the wheelchair could not be salvaged and the person had to be taken to safety on a plastic chair carried by four people.

1288   The Mission also heard a testimony concerning a pregnant woman who was instructed by an Israeli soldier to evacuate her home with her children, but to leave behind a mentally disabled child, which she refused to do.

1289   Even in the relative safety of shelters, people with disabilities continued to be exposed to additional hardship, as these shelters were not equipped for their special needs.  The Mission heard of the case of a person with a hearing disability who was sheltering in an UNRWA school, but was unable to communicate in sign language or understand what was happening and experienced sheer fear.

1290   Frequent disruptions in the power supply had a severe impact on the medical equipment needed by many people with disabilities.  People using wheelchairs had to face additional hurdles when streets started piling up with the rubble from destroyed buildings and infrastructure.

1291   In addition, programmes for people with disabilities had to be closed down during the military operations and rehabilitation services stopped (for instance, organizations providing assistance were unable to access stocks of wheelchairs and other aids).  Many social, educational, medical and psychological programmes have not yet fully resumed.

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Israel a Criminal State ? Guantánamo Bay an Illegal Occupation ?

2009-01-01:  Sustainable Human & Social Development is much more than an academic theory.  It is a necessary concept for our troubled times … in our global community.  Intricate, open, dynamic and still evolving … it is very much intended for practical implementation.

 

A robust understanding of this social catalyst is critically underpinned by human and social rights.  Specifically, initial reference is made to the following International Legal Instruments:

         1948 Universal Declaration of Human Rights (UN OHCHR) ;

         2001 Universal Declaration on Cultural Diversity (UNESCO) ;

         2006 Convention on the Rights of Persons with Disabilities (UN).

 

Sustainable Design is the ethical response, in built and wrought form, to Sustainable Human & Social Development.  As our understanding of ‘sustainability’ develops, so too must ‘design’ (spatial planning, architectural/engineering/industrial design, and e-design).

 

At a macro-level … issues causing untold social, environmental, economic, institutional, political and legal damage, destruction and harm:

 

We see on our television screens and hear from our radios that the Israeli Defence Forces (IDF) are again committing criminal acts in Gaza.  These acts are authorized by the Government of Israel.  The country’s population continues to vote these Governments into power.

 

The USA’s treatment of prisoners in Guantánamo Bay was, and still is, degrading, inhumane and criminal.  Beyond that, however … the annexation of the bay area remains, to this day, an international act of piracy (refer to the 1901 Platt Amendment and later ‘treaties’ with Cuba procured by the threat or use of force).

 

The USA and British fundamentalist western crusade against the regime and peoples of Iraq was a cynical act of barbarism and a crime against humanity.  We look forward to the day when George W Bush and Tony Blair will be brought before the International Criminal Court (ICC).

 

At a micro-level … every designer can act, and make his/her positive contribution:

 

Accessibility of buildings for people with disabilities, to take just one example, is now a legitimate social right which must be protected and nurtured, i.e. properly resourced, by all States Parties to the 2006 UN Disability Rights Convention.  People must be able to independently approach, enter, use, egress (under normal conditions) and evacuate (in a fire emergency) any building in our built environment.

 

Two Immediate Requirements for Sustainability Implementation:

  1. A radical overhaul of the Education and Training of any person connected, directly or indirectly, with the design, construction, operation, management, servicing or maintenance of our Human Environment.
  2. The widespread introduction of Sustainability Impact Assessment (SIA) at all levels of our Public and Private Institutions.  SIA is a continual evaluation and optimization process – informing initial decision-making, or design, and shaping activity/product/service realization, useful life and termination, or final disposal – of the interrelated positive and negative social, environmental, economic, institutional, political and legal impacts on balanced and equitable implementation of Sustainable Human & Social Development.

 

 

Happy New Year !

 

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