ABSTRACT

This chapter explores the question whether the accessibility rights which are enshrined in Article 9 are of an economic or civil nature. The analysis relies upon the case law of the Convention on the Rights of Persons with Disabilities (CRPD) Committee, its Concluding Observations, and its General Comment. Article 4(1)(e) of the Convention provides that States Parties must 'take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise'. The concept of reasonable accommodation is applied to individuals whereas accessibility is applied to groups of individuals. The CRPD Committee recognises that movement and orientation within buildings and other public spaces poses challenges for persons with disabilities if there is inadequate signage, accessible information and communication or support services. The scope of the concept of accessibility has been interpreted to include products, services, built environments and ICTs that relate to the needs and interests of a wide range of people, including persons with disabilities.