Rolling Rains Report:

The Year Ahead - Clearer Skies?

The end of 2007 saw the ENAT and ICAT conferences on Inclusive Tourism. Early January 2008 will be the SAT conference and may 2008 will see the IIDI Turismo para Todos conference. At the same time ratification of the UN Convention on the Rights of Persons with Disabilities continues at a rapid pace.

With so much progress on the stabilization of human rights for persons with disabilities the actions of the Federation of Indian Airlines to subvert the ' Carriage by Air of Disabled Persons or Persons with Reduced Mobility' proposed by India's Office of The Director General of Civil Aviation is especially out of step with the global consensus on the value of travelers with disabilities as a market. One would think that no one in the industry is doing their diligence on market forecasting.

Dear Kiki and Friends,

I would like to thank you for your responses...and I will go through the attachment you have sent.

In the meanwhile there has been a new development in India on the 30th Dec 2007 - this time by the FIA - Federation of Indian Airlines.

The FIA are not ready to accept the new guideline on ' Carriage by Air of Disabled Persons or Persons with Reduced Mobility' proposed by DCGA (Office of The Director General of Civil Aviation). The same was to come into force from 1st Jan 2008. I have attached the draft guideline with this mail for your reference. And in the last few months we had strongly lobbied for many changes before this final draft.

FIA says "Free help to disabled can't be enforced" - kindly read on for the article that was published in yesterday's news paper for your reference.

Kind Regards

Mahesh

'Free help to disabled can't be enforced', Times of India, 30th Dec 2007

NEW DELHI: The government's first attempt to regulate pricing policy of airlines could come to naught and add to the costs of physically challenged passengers.

Following several complaints from disabled rights groups, the Directorate General of Civil Aviation (DGCA) had about a month back issued a draft civil aviation requirement (CAR) on the subject. Among other things, it asked airlines to mandatorily provide free assistance to such passengers. The rule was to go into effect from January 1.

While most airlines currently provide wheelchairs, stretchers and ambulifts free, they have strongly opposed making the free service compulsory. The Federation of Indian Airlines — a joint body of Air India, Jet, Kingfisher, Deccan, GoAir, IndiGo, Paramount and SpiceJet — has said that the industry must be free to recover any extra cost that's incurred in the process of providing assistance to handicapped passengers.

Saying airlines are aware of their responsibilities towards physically challenged passengers, FIA has submitted its reply to the CAR to the ministry and DGCA.

"FIA believes that the issue of costs and cost-recovery for such special facilities cannot be mandated through the CAR. In our consultation with members, all carriers have expressed their strong opposition to airlines being denied the right to charge and recover costs for service provided," it said.

It goes on to add: "No other passengers are provided services free of charge. Any additional service should necessarily come at a charge to the passenger using the service, else the increased costs will need to be borne by the other airline passengers which is unfair. Airlines should be allowed to independently decide the charges, which certainly should be communicated clearly to passengers."

It has pointed out that the earlier CAR of July, 2005, allows airlines to charge for any additional service provided to passengers with special needs.

The new CAR stipulated that no airline would refuse to carry persons on a stretcher if they are accompanied by an escort who would look after them in flight. While FIA agrees to this, it says: "However, the carriage must be paid for. For example, a stretcher requires displacing nine seats that would otherwise be sold as revenue. It must be clear that these seats must be reserved in advance and paid for."

Similarly, the new rules say that all airlines must provide assistance to persons with disabilities/reduced mobility from the departing airport terminal to the destination airport terminal without any additional charge. "The Airlines strongly disagree with this statement. It is one thing to provide service, another to do it for free. No other passengers are provided free-of-charge services," the FIA has said.

Asked about this stand, a member airline of FIA said that most carriers provide these services free of charge and may even continue to do so. "But the decision to charge or provide assistance free must be the commercial decision of airlines. It can't be legally mandated," he said. This is not the first time airlines are spurning government's moves on influencing their charges. While the aviation ministry strongly opposed the term "congestion surcharge", airlines continue to levy it.

saurabh.sinha@timesgroup.com http://timesofindia.indiatimes.com/India/Free_help_to_disabled_cant_be_enforced/articleshow/2661352.cms

****************************** Response to the Article **********************

31.12.07

Dear Mr. Saurabh,

Greetings and thank you very much for publishing the article titled "Free help to Disabled Can't be enforced"

This is a significant development and a new hurdle posed by The Federation of Indian Airlines (FIA) towards the new Civil Aviation guidelines by DGCA for "Carriage by Air of Disabled Persons or Persons with Reduced Mobility".

In the last few months, we as a group of disabled persons have been lobbying with the DGCA in drafting these guidelines and finally when it was to come into effect from 1 Jan 2008 - the FIA has sprung a surprise.

We as persons with disabilities are not asking for free service, we want to use the services like any other passengers. However the limitations posed by the procedures adopted by the different airlines further reduces our mobility and prevents us from using the airline just like any other.

Some examples that prevent us are highlighted below:

1. From the point of check-in - the airline asks us to use the wheelchair provided by them - these wheechairs cannot be self-propelled and therefore we need a ground staff.

2. The airline do not handle our personal wheelchair safely and many times they have broken my wheelchair because of their careless attitude.

3. Where ever there is an aerobridge facility passengers using wheelchair are not given access to use them and they are not alloted the first row of seats - because of which we physically lifted by 3-4 persons with our wheelchair up and down the stairs to the aircraft.

4. We cannot use the buses/ transport facilities provided by the airline on the tramac as there are steps and no ramps to get into the coach. Therefore we need assistance to be lifted up and down from the bus or wheeled on the tarmac till the aircraft.

5. There are no wheelchair accessible toilets in many of the airport, the ones that are built are not according to standard specifications therefore one needs assistance to access the toilets.

Who is to be blamed for creating such obstacles? Why should the passenger using wheelchair or a person with limited mobility bear the cost towards these procedural and architectural barriers created by the airlines and at the airports.

Closing with warm regards

Mahesh

****************** A Prior Violation of Rights ******************************

Dear Friends,

Greetings,

Through this mail I would like to highlight the practice adopted by some of the airlines where passengers using wheelchairs have to sign in the "APPLICATION FOR THE CARRIAGE OF MEDICAL PASSENGER".

The most offending paragaraph in the 'APPLICATION' that we as passengers using wheelchair are forced to sign reads as follows -

"I the undersigned .....hereby indemnify and hold harmless, DECCAN from any and against any liability arising out of any bodily injury, and / or death. damage or loss that I may suffer/ experience and also from any damages, payments, expenses, face and cost which DECCAN may incur directly or indirectly as a result of accepting me on its Flight No. .........from ....... to ...... on date.....

I hereby further indemnify DECCAN from any payments that DECCAN makes to meet any of my expenses towards damages, loss etc for the said purpose."

This I feel is both humiliating and discriminating towards persons with limited mobility.

Do passengers with limited mobility have to sign similar forms in other countries too before boarding the flight?

Please find below my letters written to both the Commissioner (Disabilities) and DGCA (Director General Civil Avaiation) highlighting this practice and with suggested changes.

Closing with best wishes for Christmas and New Year...

Kind regards

Mahesh

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

24.12.2007
To
The Commissioner (Disabilities)
Office of the Commissioner Disabilities
Govt. of Karnataka
40, Thambuchetty Road, Cox Town
Bangalore. Email: discom@vsnl.net

Copy
Mr. R. P. Sahi
Jt. Director General
Office of the
Director General of Civil Aviation
Opp. Safdarjung Airport
New Dehli – 110 003
Tel: 011-24611504. Email: rpsahi@dgca.nic.in

Respected Sir,

Greetings,

This letter is to bring to your kind notice the prevailing discriminatory practice adopted by some of the airlines who force passengers who use wheelchairs to sign the "APPLICATION FOR THE CARRIAGE OF MEDICAL PASSENGER" before boarding the flight.

Although, I, as a passenger who uses wheelchair did clarify that I am not a medical passenger, the ground staff are in no mood to listen and we are left with no choice but to fill and submit the form if not we should be prepared to miss our flight.

In this connection, I would like to quote my recent experience:

During my recent return journey from Kolkata to Bangalore by AIR DECCAN on 18th Nov 2007, I was asked to fill the "APPLICATION FOR THE CARRIAGE OF MEDICAL PASSENGER" as I use a wheelchair. I did argue that I am not a "MEDICAL PASSENGER" but the ground staff were in no mood to listen. Therefore I filled in the form during check-in but deliberately did not submit the same while boarding the aircraft.

The most offending paragaraph in the 'APPLICATION' that we are forced to sign reads as follows -

"I the undersigned .....hereby indemnify and hold harmless, DECCAN from any and against any liability arising out of any bodily injury, and / or death. damage or loss that I may suffer/ experience and also from any damages, payments, expenses, face and cost which DECCAN may incur directly or indirectly as a result of accepting me on its Flight No. .........from ....... to ...... on date.....

I hereby further indemnify DECCAN from any payments that DECCAN makes to meet any of my expenses towards damages, loss etc for the said purpose."

Firstly, I personally feel that it is the duty of all the airlines to protect the safety of all passengers. But by signing the above form - the airline is not taking the responsibility to ensure the safety of passenger like me who use the wheelchair.

Secondly, the airline should make appropriate changes in the systems and built environment so that we can use our personal wheelchair (as much as possible) till we transfer to the seat of the aircraft. This procedure will assist us to be comfortably seated in our own wheelchair instead of sitting on the very small and uncomfortable chairs provided by the airlines for more than an hour.

Thirdly, passenger using wheelchairs should be give permission to use the aerobridge facility where available. These change will prevent the ground staff of the airline ground from physically lifting us up and down the flight of stairs to the aircraft. The practice that is both humiliating and extremely dangerous especially for the person who is being lifted.

Fourthly, in recent times DGCA has issued a new Guidelines on "Carriage by Air of Disabled Persons or Persons with Reduced Mobility" that is going to come into effect from 1st Jan 2008 and has taken into account some of the issues mentioned by me in my letter. However, I am not aware if any strategy for dissemenation/ training has been planned for all the ground staff of the different airlines at the airports on the need to "Respect the Rights and Dignity of Passengers with Disabilities".

Therefore, it my sincere appeal to your esteemed office to initiate appropriate steps to prevent this discriminatory and humiliating practice adopted by the airlines towards passengers with limited mobility.

Looking forward for your kind reply.

With kind regards

C. Mahesh

--
C. Mahesh
Advocacy Coordinator
CBR Forum
14, CK Garden
Wheeler Road Extension
Bangalore - 560 084
Tel - 080- 2549 7387 or 2549 7388
advocacy.cbrforum@gmail.com
cbrforum@blr.vsnl.net.in
cbrforum@gmail.com
www.cbrforum.in

Guidelines for Service to Blind Air Travelers: A Proposal from the World Blind Union

The proposal below was presented to IATA by the World Blind Union but it was not adopted.

GUIDELINES FOR SERVICE TO BLIND AIR TRAVELLERS

Blind air travellers are entitled to the same high quality service as all other passengers. Safety, dignity, and comfort are the watchwords for such service. Where adaptations to service prove necessary, care should be taken not to cause unnecessary stress or inconvenience.

GENERAL

1. Extent of Provisions

Under these guidelines the provisions recommended for blind persons are intended to apply equally and with the necessary adaptations to partially sighted persons, deafblind persons, and blind persons with additional disabilities.

2. Personnel Training

Airline personnel and ground staff should receive regular training in assistance to blind passengers.

3. Access to Information

Essential airline information should be made available in braille, and clearly legible print formats. Websites should be accessible to blind users.

4. Consultation

Airline policies and procedures that apply to blind passengers should be developed in consultation with organizations representative of blind people.

5. Offers of Help

The protocol should be to offer help where help appears necessary. If help is declined, the wish of the blind person should be respected.

IN THE AIR

6. Safety Instructions

Braille safety instructions should be made available to blind passengers. Such instructions should include a tactile diagram indicating emergency exits.

7. Verbal Briefing

The use of oxygen masks and flotation jackets are to be demonstrated to blind passengers. The location of the nearest emergency exit and of the nearest toilet are to be pointed out as well as the position of the call bell.

8. White Canes

Blind passengers are to be allowed to retain their white canes in the seating area. Canes should not be removed and stored in another part of the cabin.

9. Guide Dogs

Guide dogs accompanying blind passengers should be carried free of charge in the cabin, subject to the application of any relevant national or airline regulations. Blind persons travelling with guide dogs are to be allowed to settle the dog at their feet and preferably should be seated at a bulkhead or where there is extra space, unless otherwise requested. The dog should not be muzzled. If the flight exceeds two hours in duration water only should be offered to the dog. There should be no petting of the guide dog by airline personnel.

10. Independent Travel

There should be no barrier to blind persons travelling unaccompanied.

11. Meals and Duty Free

Meal service and duty free service should be offered to blind passengers in the same way and at the same time as to other passengers.

12. Menus

Meal menus should be read out to blind passengers prior to meal service.

13. Entertainment

Onboard entertainment systems should be accessible to blind passengers. Verbal briefings should be offered.

14. Surcharges

No extra charges are to be levied for services provided to blind passengers.

ON THE GROUND

15. Kerbside Assistance

Airlines should provide, on request, kerbside assistance to enable blind passengers to transfer from public conveyances or taxis to the check-in counter.

16. Boarding and Disembarking

Blind passengers should be assisted in a timely fashion and not be made to wait unduly.

17. Guide Dogs

Airlines should allow only guide dogs that have been trained by official guide dog training schools. Guide dogs should be wearing their recognized harnesses on arrival at the airport and be pre-booked.

18. Wheelchairs

It is not appropriate to offer a wheelchair to a blind passenger or to insist on its use.

19. Passenger Assistance Unit (PAU)

In general blind passengers prefer not to make use of the PAU and choose to board and disembark in the regular manner.

20. Interface between Airlines

Where blind passengers transfer from one airline to another, rules of responsibility should be clear at every stage. Blind passengers are to be carefully briefed on the arrangements that apply.

21. Stopovers and Delays

During stopovers and flight delays blind passengers should be given the opportunity to obtain refreshments and visit the toilet. It is preferable to be seated in a public lounge where staff are readily on hand.

22. Passports and Boarding Cards

Passports and boarding cards should be retained by blind passengers themselves and not be withheld by airport or airline personnel.

Design for All Institute India

Design For All Institute of India and EIDD-Design For All Europe are jointly publishing December2007 Vol-2, No-12 issue of the Design for All Newsletter. From the editor, Dr. Sunil Bhatia:

Different eminent designers from different countries and those are the members of EIDD under the guidance of Mr. Pete Kercher have contributed the articles and our current issue is in front of your computer screen. Our December issue is very special and historic, reason is, we are celebrating completion of our two years of publication of newsletter. We have started a new section of CASE study for benefits of our readers. We have loaded a movie and those who wish to see the movie they can click the below given link
Kindly visit our web site www.designforall.in for our current as well as past publication of our monthly newsletter or click this link

http://www.designforall.in/newsletter_dec_2007.pdf (For Newsletter)

The download link for mechanical elevator

http://www.designforall.in/mechanicalelevator.zip
First unzip it by using winzip

Senegal: Disabled students fight great odds

Inclusion in higher education is one of the prerequisites for building the sort of diversity in a local tourism economy to make a place a destination of choice for travelers with disabilities. This story from Senegal is not one of the more hopeful in this regard.

SENEGAL: Disabled students fight great odds

Students recently protested a shortage of housing for the physically handicapped at Dakar's Cheikh Anta Diop University

DAKAR, 18 December 2007 (IRIN) - On the campus of Cheikh Anta Diop University in the Senegal capital Dakar, physically handicapped students can often be seen crawling unaided up concrete staircases or across dirty bathroom floors.

With a few exceptions - such as the main library and a new amphitheatre - buildings on the sprawling, sandy campus have no handicap accessibility.

"Users of hand-powered or motorised wheelchairs have to crawl to access certain buildings," the disabled students association said in a recent letter to the authorities. The association compiled a list of their grievances and proposed solutions and presented it to university officials at the beginning of the school year.

Serigne Diop, a government official, says he cannot erase from his mind what he calls an "unbearable" image. "I saw a severely handicapped student trying to make it up a spiral staircase on crutches. I think she did not want to crawl so as not to get her clothes dirty," he said. "Other students passed by her without bothering to help at all."

Given the difficulties of getting around, physically disabled students often arrive late to classes. That is for those who have on-campus lodging. For those who do not, commuting is a problem, as public transport vehicles have no accommodations for wheelchairs, the disabled students association says.

Abandoning school

In their dorm room, which also serves as the headquarters of the association, students lament two disabled female colleagues who had to abandon their studies for lack of on-campus housing.

They were not the first and likely will not be the last, say handicapped students.

"These two students, who had passed the university entrance exams, had to drop their academic ambitions and return to their home villages simply because they did not find housing on campus," Fulbert Manga of the association told IRIN.

Disabled students remaining at the university say they face the same struggle daily - lack of housing, lack of access to most school buildings and public transport, inadequate financial assistance and difficulty getting decent jobs.

Photo: Serigne Adama Boye
The social services building is one of few university buildings that have ramps for wheelchair access
While Senegal's constitution includes laws protecting the rights of disabled persons, and the country is a signatory to related international conventions, the daily reality is otherwise, students say. For the disabled, arriving at university means taking on a huge battle far beyond keeping up with studies.

Access

The handicapped students association in November staged a protest at the university, calling for better housing. For some 250 disabled students, at least 162 beds should be made available according to quotas agreed to by university officials, but only 107 beds are available, fourth-year sociology student Insa Sané said.

The director of housing, Makhtar Ndoye, says given the wider problem of housing at the university the housing department has had to fight to keep even 107 spaces for handicapped students. At Dakar's main university, only 5,136 beds are available with a student body of some 55,000.

Bathrooms also pose a constant problem for disabled students. "In not one single men's room will you find a sit-down toilet, and that's the case even in some women's restrooms," Yague Touré, a second-year physics and chemistry student, told IRIN.

"We are constantly protesting these inhumane conditions in the toilets." In many restrooms, inaccessible in a wheelchair, the floors are wet from faulty faucets. "Those of us who use wheelchairs are forced to crawl in dirty water." Housing official Ndoye says the university plans to install sit-down toilets and repair the faucets.

Regional problem

Djibril Sow, West Africa director of an African Union institute for the physically handicapped, said disabled people face such barriers in public places across the region. He said many more disabled students would likely be in university were conditions better.

"Certainly if conditions were improved, the number of physically handicapped students in Dakar would be multiplied by 10 or 20. From Dakar to [the Burkina Faso capital] Ouagadougou, the disabled face the same kinds of problems."

"FlexHouse": Canadian for "Universal Design"

Here's how Shannon Proudfoot, of CanWest News Service, presents

Three doors down from their current home in Edmonton, Alison and Peter Faid are building a new house they hope will be their last.

The one they live in now has 62 stairs and an elevated living room that already pose problems for some friends with multiple sclerosis or joint replacements. The Faids -- 55 and 63, respectively, with two grown sons -- aren't ready to retire, but down the road, they don't want to be forced "out the door to Horizon Village or whatever, because of accessibility issues," Alison says.

The answer was a FlexHouse, a concept that originated with the Canada Mortgage and Housing Corporation (CMHC) in the 1990s but never caught on in the mainstream, despite the alluring sales pitch that it means never having to move again. The basic principle -- a house that grows with its occupants and their future needs -- is also called universal design.

In a way, on the principle that "imitation is the sincerest form of flattery," it is encouraging to see people flocking to claim Ron Mace and companions' concretization of the goals of the Disability Rights Movement in architecture -- the seven principles of Universal Design. Much like AARP has popularized this product of crip culture through its extensive online resources on lifespan home design the concept continues to win converts. Taken to the next step of neighborhood and municipal planning we have the Liveable Community movement and Age-Friendly Cities.

Taking It To the Streets!: UD, Women, & Urban Planning Team Up

It's Universal Design Tsunami Round 3 and you can see it playing out in Philadelphia, Pennsylvania.

Round 1 was the Disability Rights Movement when Ron Mace and friends invented Universal Design.

Round 2 was the institutionalization of Universal Design in legal documents representing people with disabilities and seniors. It saw the mainstreaming of Universal Design in efforts by Adaptive Environments and AARP to extend the seven principles beyond disability culture to be synonymous with "good design" and "active aging."

Round 3 is the application of Universal Design on a macro scale in movements like Liveable Communities, Senior-Friendly Cities, and Inclusive Destination Development.

PHILADELPHIA — Chunks of the sidewalk behind the 16th Police District building off Lancaster Avenue are so torn up that mothers pushing strollers and women in wheelchairs can't negotiate the jumbled concrete slabs without venturing into the street.

Many then must climb a flight of stairs to get to the front door of the old row houses in west Philadelphia. If kitchens are on the second floor, they lug groceries, canes or strollers up another flight of stairs. All along the way, they fear crime.

"There are some areas that aren't well lit at all," says Blaine Straub, 25, who lives near Lancaster Avenue and had to get around in a wheelchair after she broke her ankle in October. "That's a little intimidating."

In a neighborhood where 54% of the residents are women, 70% of the households are headed by women and 70% of the elderly are women, the broken walkway on North Sloan Street symbolizes some of the physical challenges that women in America's cities face: an unsafe urban environment that's not conducive to walking.

Says Haya El Nasser in USA Today:

Medical experts, concerned about increased rates of obesity, diabetes and hypertension, have studied how the design of cities affects health for some time. Now, they're focusing on its impact on an increasingly prominent demographic segment of the urban landscape: women.

PHILADELPHIA — Chunks of the sidewalk behind the 16th Police District building off Lancaster Avenue are so torn up that mothers pushing strollers and women in wheelchairs can't negotiate the jumbled concrete slabs without venturing into the street.

Many then must climb a flight of stairs to get to the front door of the old row houses in west Philadelphia. If kitchens are on the second floor, they lug groceries, canes or strollers up another flight of stairs. All along the way, they fear crime.

"There are some areas that aren't well lit at all," says Blaine Straub, 25, who lives near Lancaster Avenue and had to get around in a wheelchair after she broke her ankle in October. "That's a little intimidating."

In a neighborhood where 54% of the residents are women, 70% of the households are headed by women and 70% of the elderly are women, the broken walkway on North Sloan Street symbolizes some of the physical challenges that women in America's cities face: an unsafe urban environment that's not conducive to walking.

For more:

http://www.usatoday.com/news/nation/2007-12-25-Designingwomen_N.htm

Press Release: Mexico, El Salvador and Nicaragua Ratify the UN Disability Rights Convention

Mexico, El Salvador and Nicaragua Ratify the UN Disability Rights Convention
RI Calls on Governments to Recognize the Human Rights of All by Ratifying the CRPD

(United Nations, New York, USA, 17 December 2007): RI congratulates the Governments of Mexico, El Salvador and Nicaragua for ratifying the UN Convention on the Rights of Persons with Disabilities (CRPD), bringing the number to 14 States Parties. Mexico also ratified the Optional Protocol today. RI calls on all governments which have not yet ratified the CRPD and its Optional Protocol to do so as a matter of priority and without reservations and declarations. Furthermore, RI urges all States Parties to begin the process of implementation by developing laws, programs and policies to ensure that ALL persons with disabilities, regardless of the type of disability, enjoy all of the rights in the Convention.

FOR IMMEDIATE RELEASE

Libre Acceso President Federico Fleischmann said, “We recognize the great efforts of the Government of Mexico for being a leader in promoting the human rights of persons with disabilities, as embodied in the Convention. RI and its member in Mexico, Libre Acceso, are committed to working within its broad network to ensure that Mexican laws are strengthened to comply with the high standards set by the Convention.”

As part of its Global Advocacy Campaign, RI partnered with Libre Acceso, representatives of the Mexican government, the Mexican law firm Barrera, Siqueiros y Torres Landa, S.C., the international law firm Weil, Gotshal & Manges LLP and local disability experts to develop recommendations on how Mexico’s National Disability Law can comply with the Convention. These recommendations, presented to the Mexican Government on October 18, 2007, were formally adopted by Partido Accion Nacional (PAN), the political party of the Mexican President, as the official proposed amendments to this national law. The Senate and Chamber of Deputies will now discuss the amendments, which may be adopted as early as next year. This RI project has been made possible because of the generous support of an anonymous donor and Irish Aid.

“We are very happy today to deposit the instrument of ratification of the Convention on the Rights of Persons with Disabilities. Setting up the legal framework is only the first step. The real challenge is to build a culture where the human rights of every person are fully respected,” said Senator Guillermo Tamborrel, President of the Commission on Vulnerable

Groups and a member of PAN. Senator Tamborrel, together with Senator Maria los Angeles Moreno Uriegas of Partido Revolucionario Institutional (PRI), were present when Mexico deposited its ratification instrument today.

The CRPD, the first human rights treaty of the 21st century, represents an essential legal instrument prohibiting discrimination against persons with disabilities in all areas of life, and includes specific provisions related to rehabilitation, habilitation, education, employment, health and access to information, public facilities and services, among others. The Optional Protocol concerns how individuals or groups can seek redress for violations of the CRPD once national remedies are exhausted. The Convention will become international law after 20 ratifications. (Attached is a current list of all signatories and States Parties to the CRPD and Optional Protocol).

# # #

For more information on the UN Convention and contact details of experts within the RI membership, please contact Tomas Lagerwall (sg@riglobal.org), RI Secretary General, or Shantha Rau (shantha@riglobal.org), Senior Program Officer, at +1-212-420-1500.

About RI

Founded in 1922, RI is a global and diverse organization bringing together expertise from different sectors in the disability field, to advance and implement the rights and inclusion of persons with disabilities. RI is currently composed of over 700 members and affiliated organizations in 93 nations, in all regions of the world.

RI works closely with other disability organizations, actively participating in the International Disability Alliance (IDA) – a network of eight global, democratic organizations of persons with disabilities – and was an active member of the International Disability Caucus (IDC) – a coalition of disability organizations and NGOs that participated in the negotiations toward the Convention. RI also maintains official relations with the United Nations and its agencies and institutions as well as with other international organizations, NGOs and universities.

For more information about RI, please visit our accessible website: http://www.riglobal.org.

Business Travel in the Sports Industry

Often the entries here are about leisure travel and disability. Today here is a story about another person with a disability (PwD) in a non traditional job -- and how travel is essential to it:

He spends hours on the football field, but his feet never touch the turf. His specialty is dissecting offenses, but he's never played a down.

Meet Brian Kajiyama, a first-year graduate assistant for Hawaii who was born with cerebral palsy, scoots around in a motorized wheelchair and communicates by typing into a small computer that speaks in a robotic voice.

As a member of the coach June Jones' staff, Kajiyama is responsible for breaking down game film and preparing scouting reports for the defense.

In spite of succumbing to the "brave crip inspires TABs" (look it up) narrative, the story is worth reading as one more reason why Article 9 on the UN Convention on the Rights of Persons with Disabilities and the pent-up consumer demand for accessibility in the travel & hospitality industry is changing the face of travel.

The full story:

http://www.iht.com/articles/ap/2007/12/24/sports/FBC-T25-Sugar-Bowl-Kajiyama.php

David Greenhalgh and DisabilityFilms.co.uk

David Greenhalgh is making a difference.

“I had an operation to stop things from getting worse. They cut away part of my spinal cord c4 to c7. When I came out of the hospital, I was trapped at home for months. After becoming disabled, my first idea was to compile a general database of disability resources but my hobbies were films and books. Eventually, I made the decision to compile a list of films that involved disabilities. I put it on the web in 1994,” Greenhalgh said. “The Internet was such a free-spirited place, I felt I was giving something back. The website I created www.disabilityfilms.co.uk was and still is in its scope unique. There are hundreds of disability-related sites offering general information, but I think the more specialized ones are the most useful.”

“There is a rash of films these days involving disabilities; some good, some bad. I did want to increase the scope of the site and add some extended essays on aspects of disability in films, but some of what I wanted to say is slightly controversial. Most people think disabled actors should play disabled characters. I believe being an actor is about acting. My roots are in repertory theatre where the same group of actors played all the roles; women as old and young, women as men, and vice versa. But obviously disabled actors should get equal chances. I shun politically correct terms like actors with disabilities,” Greenhalgh explained. “An actor with Down Syndrome or an actor using a wheelchair should not play just characters like themselves. In most drama an actor with a disability can play a father, a mother, a student who just happens to be disabled and this is not the focus of the plot.”

There is a lot more to the story. You can read it here:

http://www.americanchronicle.com/articles/viewArticle.asp?articleID=46901

Terceira idade é alternativa para fomentar o turismo - Terceira idade tem PPD! (Portuguese)

Terceira idade é alternativa para fomentar o turismo, diz Airton Pereira

O secretário Nacional de Políticas Para o Turismo, Airton Nogueira, ministrou, no último dia 23, no Centro de Convenções do Serrano Resort, o painel “Diversidade de oferta para promover o crescimento – Crédito Consignado ao aposentado já é realidade”. Com participação especial da presidente da Abav-RS, Carmen Marun, o painel abordou os desafios para desenvolver o turismo internacional, fortalecer o mercado interno e qualificar a atividade turística.

Segundo Nogueira, focar o mercado no público de terceira idade serve de alternativa para fomentar o turismo durante o ano todo. “Temos um cenário positivo, mas com alguns desafios. A viagem não está na cesta de consumo dos brasileiros. No Chile, a população viaja três vezes mais do que no Brasil, onde a atividade turística está concentrada em apenas três meses do ano”, pondera.

Conforme o secretário, o programa Viaja Mais – Melhor Idade contabilizou oito mil pacotes com apenas dois destinos. “O público da terceira idade representa o foco do turismo porque possui disponibilidade de tempo. O programa é um movimento inicial, mas permanente. Com preços especiais, é possível fortalecer o mercado no período de ociosidade”, diz.

Para Carmen Marun, presidente da Abav – RS, a cultura do Brasil em desenvolvimento está mudando. “Hoje, as jovens avós, que antes ficavam em casa, estão cuidando de aspectos físicos, mentais e do lazer. Nosso papel é buscar especialização para atender todos os setores do turismo. Precisamos de agências especializadas ecoturismo e que ofereçam opções para terceira idade e portadores de deficiência”, observa.

Fonte: Revista Eventos

Santander: Un Equipo de Vigilantes (Spanish)

En Santander, pasear con una silla de ruedas, con un carrito de niños o apoyado en un bastón o muletas puede convertirse en toda un odisea, dependiendo de la zona. Con la intención de corregir este problema, el Ayuntamiento ha puesto en marcha a un grupo de observadores urbanos que tomarán nota de las posibles barreras arquitectónicas, para luego ser corregidas.

Así, el equipo de personas que, dentro del programa 'Santander diseño universal', recorrerá la ciudad para detectar problemas de accesibilidad que después serán subsanados, ya ha comenzado su trabajo a lo largo de varias calles de Santander.

Los concejales de Autonomía Personal, Roberto del Pozo, y de Barrios y Participación Ciudadana, Santiago Recio, acompañaron en su primer recorrido a estos cinco observadores, que estarán coordinados por otras dos personas, y cuyo cometido es el de detectar anomalías que ocasionan dificultades de accesibilidad, como bordillos altos, mobiliario urbano que entorpece el paso o andamios mal colocados.

Del Pozo señaló que esta iniciativa, pionera en Cantabria y de la que tampoco hay ejemplos similares en España, permitirá realizar un trabajo progresivo y continuo con el objetivo de mejorar las condiciones de accesibilidad de las calles de Santander.

Las incidencias se remitirán a la comisión de seguimiento del programa, en la que se decide cuáles son los lugares en los que es necesaria una actuación más urgente.

Después, tres operarios del servicio de mantenimiento municipal se encargan de subsanar las anomalías detectadas.

Fuente:

http://www.eldiariomontanes.es/20071212/santander/centinelas-movilidad-20071212.html

Accessible Tourism in Libya?

Well, not quite yet as far as our research has been able to document. That's not necessarily as bad as it may sound.

For a nation to offer a seamlessly positive tourist experience it must start with the will to do so, the cultural tradition of hospitality, and infrastructure development that implements Universal Design. Libya ranks well according to those criteria.

The International Exhibition for Libya's Infrastructure and Economic Development took place December 10 - 13, 2007 as part of Projex Libya at the Tripoli International fairgrounds. One site summarizes:

Tourism - huge potential

With nearly 2,000km of unspoilt coastline, spectacular desert and World Heritage Sites, Libya is becoming increasingly attractive and accessible for heritage, desert and resort tourism, as well as being a growing destination for the international business community. Tourism development is the first priority after the oil and infrastructure sectors and is dependent on good communications, transport and hotel facilities, all of which are featured in Libya’s infrastructure plans. Dramatic growth in hotel construction is forecast to increase the number of beds to 10,000 by 2010 as part of a US$7 billion tourist development plan.

Will that huge potential be guided by the principles of Universal Design? Only if experts in the Inclusive Destination Development network make themselves known in Libya and share their knowledge at this early design stage. We look forward to the challenge!

UK Department for Transport Study: Travel needs and patterns of older people

The Department for Transport (DfT) has published a report that examines the travel needs, behaviour and aspirations of people as they approach retirement age. The report, entitled Understanding the travel needs, behaviour and aspirations of people in later life, was based on qualitative interviews carried out with 68 people recruited from four age groups over 50.

The objectives of the research were to:
• describe older people’s current transport needs and behaviour
• discuss older people’s experiences of using transport
• explore the transition into retirement and the attitudes that inform older people’s transport behaviour now and in the past
• examine the transport aspirations of older people

The report analyses the findings in depth, and goes on to suggest a number of implications for policies directed towards transport provision for older people. The entire report can be downloaded from the DfT website www.dft.gov.uk/pgr/scienceresearch/social/olderaspirations

Source:

Access Newsletter, December 2007, Centre for Accessible Environments

Thanks to Antika Sawadsri for submitting this item.

Practicing Aging

"Practice makes perfect!"

If you want to master the skills you need to be good at singing, or cricket, or NASCAR racing there is one thing you must do. Practice!

In the Disability Rights Movement we say we have been "practicing for getting old." The skills and knowledge we have generated in the process is collected in what is called Universal Design. Now, with 78 million Americans getting old - but without having spent all those years practicing - some are developing workout routines that involve caring for an older parent. Predictably, they are adopting one of the key inventions of the disability community, Universal Design.

n estimated half million people in Arizona are informal caregivers for a family member or friend, and a majority of those are caring for aging parents.

Whether those parents are staying in their own home or have moved in with you, it can be confounding dealing with their diminished physical and mental capabilities and their often heightened determination to stay independent.
advertisement

This month, the non-profit Foundation for Senior Living opened the FSL Caregiver House to give adult children and their aging parents a hands-on place to see how to adapt their own homes to make life easier and safer or determine what to include in a future home.

Part model home and part resource center, the FSL Caregiver House demonstrates practical solutions to everyday issues confronted by aging adults and the family and friends caring for them.

One side of the home is a typical Valley ranch house - doorways, hallways, kitchens and bathrooms that can be hard to navigate for older people. This side features the latest in adaptive equipment designed to make life easier and safer for the elderly and those caring for them.

On the other side of this home are a kitchen, bathroom and bedroom created with universal design elements that the aging 78 million baby boomers may want to add to a new home to prepare for their future.

"Over our lifetime, all of us will have a caregiver role that we didn't plan and now find we need support and service," says Steve Hastings, director of real estate for the FSL.

Outfitting a home for a parent who has lost the spring in his step but wants to remain independent in his own home, or yours, requires more than grab bars and ramps, Hastings says.

In fact, most grab bars are placed in the wrong location, says Jodi Stanley, with the FSL's Community Connections program.

Shown in the Caregiver House bathrooms, for instance, are various adaptive aids, including a floor-to-ceiling "grab-bar pole" that can be moved from room to room; a sliding bathtub-transfer chair; and a Roman-tile walk-in shower that eliminates stepping up and over the side of a bathtub. (But if that's required, there's a tub side handle to assist moving in and out.)

"Most people don't even know what they need," Stanley says.

In the kitchen you'll find a raised dishwasher that eliminates bending over and a microwave that's in a drawer under the stovetop to ensure easy access. The island is wheelchair height, and a variety of floor surfaces illustrates the availability of floor coverings.

When visitors to the Caregiver House see features such as the waist-high microwave drawer or lever-type door handles, as opposed to knobs, ideas are triggered for possible solutions in their home or their parents', Stanley says.

Moreover, universal design elements, such as wider hallways and doorways, seamless thresholds and smooth walking surfaces, are as practical for young families as for aging boomers and their parents.

"What is good for a stroller is also good for a walker," Hastings says.

Quality of life often is overlooked when it comes to trying to make a home safe and adaptable for aging people.

The Caregiver House has put as much thought into the outdoors as the indoors and in providing for the caregiver as for the aging person.

Walkways are extended and widened to accommodate walkers and wheelchairs. Different surfaces are used to give people an idea of which works best before they invest in one for their own home. Areas are widened with rows of bricks to allow for turning around a wheelchair. Flower beds are raised to let gardeners care for plants without having to bend over or crouch down. And there are seating areas to just relax and enjoy the outdoors.

The Caregiver House demonstrates that homes don't have to look institutional because they contain a hospital bed, grab bars and portable toilets in a bedroom. Caregiver House also features touch-screen computer terminals to access information, and experts who can help solve individual problems and steer people to resources or adaptive equipment.

"A lot of people don't identify with the term 'caregiver,' " Hastings says. "They say, 'It's just taking care of my dad. I'm not a caregiver.' "

It's for them that this one-stop resource center was created.

AirSahara (Deccan): A Pattern of Bad Conduct

AirSahara, now known as Deccan, discriminates against passengers with visible disabilities.

The ongoing practice has been repeated, reports the Hindustani Times, in the case of Sanjeev Sachdeva despite warnings of the Directorate General of the Civil Aviation Authority of India (DCGA) that airlines not discriminate.

This practice is becoming so widespread in the industry that Australian authorities have had to issue similar warnings recently on top of the many lawsuits and complaints active in other parts of the world without similarly responsible action on the part of regulatory agencies.

See Airline Displays Callousness at
http://epaper.hindustantimes.com/artMailDisp.aspx?article=20_12_2007_003_015&typ=1&pub=47

Novo Opportunidade para Infraestrutura e Turismo Inclusivo Carioca? (Portuguese)

A Escola de Turismo e Hotelaria da UniverCidade e a Secretaria de Turismo da Prefeitura do Rio acabam de criar o projeto Rio-nota 10,com o apoio da Fundação Cesgranrio e da empresa de consultoria Planet Work.

O projeto vai incluir os 10 maiores bairros turisticos da cidade do Rio,que vão ganhar a partir de março de 2008,um inventário turistico pormenorizado dos mesmos,um seminário local para discutir com a comunidade e entidades de turismo,formas de aprimoramento do turismo local, pesquisa sobre os impactos do turismo nas populações e uma votação popular para eleger os agraciados do Prêmio Joana Palhares,que vai premiar aqueles,que nos bastidores,trabalham em prol do turismo.As escolas municipais receberão palestras sobre a importância do turismo e vão participar do Conheça o Rio a pé.

O programa será coordenado pelos alunos dos cursos de turismo e hotelaria da UniverCidade,sob a supervisão dos professores Bayard Boiteux, Roberta Guimaraes, Ana Claudia Paraense , Mauricio Werner e Ricardo Oliveira.

O secretário Rubem Medina,acredita que o programa vai mostrar aos moradores dos bairros,o potencial dos mesmos e sobretudo inclui-los nas ações de melhoria da qualidade.

Bayard Boiteux,diretor da Escola de Turismo e Hotelaria diz que as instituições de ensino superior não podem ser ghetos de capacitação mas devem colaborar efetivamente com a cidade,que as recebe,de braços abertos.

A ideia é num primeiro momento trabalhar Copacabana, Santa Teresa, Ipanema, Flamengo, Botafogo, Maracanã, Barra, Vargem Grande, São conrado e a Tijuca.

Vamos mobilizar toda a comunidade acadêmica,a cidade e fazer com que o carioca seja mais participativo ,acredite que o Rio é turistico e sobretudo que ele é parte integrante nas mudanças ,afirma Mauricio Werner,que coordena o curso de Turismo da UniverCidade e vai atuar como mediador nas demandas da comunidade e do trade.

Fonte: Fernanda Galland

Malaysia's Persons with Disabilities Bill 2007

For those policy wonks among us - note the contemporary definition of disability in Malaysia's Persons with Disabilities Bill 2007 and the inclusion of a section on leisure and tourism.

PERSONS WITH DISABILITIES BILL 2007

ARRANGEMENT OF CLAUSES

PART I
PRELIMINARY

Clause
1. Short title and commencement
2. Interpretation

PART II
NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
3. National Council for Persons with Disabilities
4. Alternate members
5. Revocation of appointment
6. Cessation of membership
7. Meetings of Council
8. Secretary to the Council
9. Functions of the Council
10. Council to be assisted by the Department
11. Establishment of committees
12. Delegation of functions and powers
13. Council to recommend changes to law
14. Responsibility of the Government
15. Responsibility of relevant ministries, etc.
16. Responsibility of the private sector and non-governmental organization
17. Follow up
18. Funds
19. Annual reports

2 Bill
PART III
APPOINTMENT OF REGISTRAR GENERAL, ETC., AND
REGISTRATION OF PERSONS WITH DISABILITIES
Clause
20. Appointment and duties of Registrar General and Registrar
21. Register of Persons with Disabilities
22. Application for registration
23. Power of Registrar to call for additional document or information
24. Registration and refusal to register
25. Issuance of “Kad OKU”

PART IV
PROMOTION AND DEVELOPMENT OF THE QUALITY OF LIFE AND
WELLBEING OF PERSONS WITH DISABILITIES
Chapter I
Accessibility
26. Access to public facilities, amenities and services and buildings
27. Access to public transport facilities
28. Access to education
29. Access to employment
30. Access to information, communication and technology
31. Access to cultural life
32. Access to recreation, leisure and sport

Chapter 2
Habilitation and rehabilitation
33. Habilitation and rehabilitation
34. In-home, residential and other community support services

Chapter 3

Health
35. Access to health

Persons with Disabilities
Clause
36. Prevention of further occurrence of disabilities
37. Availability of health personnel
Chapter 4
Protection of persons with severe disabilities
38. Lifelong protection and social system
39. Meaning of “persons with severe disabilities”
Chapter 5
Situations of risk and humanitarian emergencies
40. Access to assistance

PART V
GENERAL
41. Protection against suit and legal proceedings
42. Public Authorities Protection Act 1948
43. Power to make regulations
44. Things done in anticipation of the enactment of this Act
45. Savings and transitional
46. Prevention of anomalies

Bill4

A BILL
i n t i t u l e d
An Act to provide for the registration, protection, rehabilitation,
development and wellbeing of persons with disabilities, the
establishment of the National Council for Persons with Disabilities,
and for matters connected therewith.
[]
RECOGNIZING that disability is an evolving concept and
that disability results from the interaction between persons with
disabilities and attitudinal and environmental barriers that hinders
their full and effective participation in society on an equal basis
with persons without disabilities:
RECOGNIZING the valued existing and potential contributions
made by persons with disabilities to the overall wellbeing and
diversity of the community and society:
RECOGNIZING the importance of accessibility to the physical,
social, economic and cultural environment, to health and education
and to information and communication, in enabling persons with
disabilities to fully and effectively participate in society:
RECOGNIZING that persons with disabilities are entitled to equal
opportunity and protection and assistance in all circumstances and
subject only to such limitations, restrictions and the protection
of rights as provided by the Federal Constitution:
RECOGNIZING the importance of the co-operation between
the Government and the private sector and non-governmental
organization in ensuring the full and effective participation and
inclusion of persons with disabilities in society

6 Bill
NOW, THEREFORE, ENACTED by the Parliament of Malaysia
as follows:
PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be cited as the Persons with Disabilities Act
2007.
(2) This Act comes into operation on a date to be appointed by
the Minister by notification in the Gazette, and the Minister may
appoint different dates for the coming into operation of different
provisions of this Act.
Interpretation
2. In this Act, unless the context otherwise requires—
“language” includes spoken and sign languages, Malaysia Sign
Language and other forms of non-spoken languages;
“Malaysia Sign Language” means the official sign language
for the deaf in Malaysia;
“Register” means the Register of Persons with Disabilities kept
and maintained under section 21;
“prescribed” means prescribed by regulations made under this
Act;
“habilitation” refers to a process aimed at enabling persons
who are born with disabilities to attain and maintain their full
physical, mental, social and vocational ability and full inclusion
and participation in all aspects of life;
“Department” means the Department for the Development
of Persons with Disabilities responsible for the registration,
protection, rehabilitation, development and wellbeing of persons
with disabilities;

Persons with Disabilities
“Kad OKU” means the card issued under section 25;
“Government” means the Federal Government;
“Registrar General” and “Deputy Registrar General” means
the Registrar General for Persons with Disabilities and Deputy
Registrar General for Persons with Disabilities respectively
appointed under paragraphs 20(1)(a) and (b);
“communication” includes languages, display of text, Braille,
tactile communication, large print, signal, accessible multimedia
as well as written, audio, plain-language, human-reader and
augmentative and alternative modes, means and formats of
communication, including accessible information and communication
technology;
“Council” means the National Council for Persons with
Disabilities established under section 3;
“Minister” means the Minister charged with the responsibility
for social welfare;
“persons with disabilities” include those who have long term
physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective
participation in society;
“Social Welfare Officer” means any Social Welfare Officer
in the Ministry responsible for social welfare and includes any
Assistant Social Welfare Officer;
“Registrar” means the Registrar for Persons with Disabilities
appointed under paragraph 20(1)(c);
“private healthcare service provider” means the provider of a
private healthcare facility under the Private Healthcare Facilities
and Services Act 1998 [Act 586];
“reasonable accommodation” means necessary and appropriate
modifications and adjustments not imposing a disproportionate or
undue burden, where needed in a particular case, to ensure to
persons with disabilities the enjoyment or exercise of the quality
of life and wellbeing on an equal basis with persons without
disabilities;

8 Bill
“rehabilitation” refers to a process aimed at enabling persons
with disabilities to attain and maintain their full physical, mental,
social and vocational ability and full inclusion and participation
in all aspects of life;
“universal design” means the design of products, environments,
programmes and services to be usable by all people, to the greatest
extent possible, without the need for adaptation or specialized
design and shall include assistive devices for particular groups
of persons with disabilities where this is needed;
“private sector” refers to any person or body whether corporate
or unincorporate other than the Government or State Government,
agencies, bodies or organization of the Governments, but excludes
any reference to non-governmental organization.
PART II
NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
National Council for Persons with Disabilities
3. (1) A body to be known as National Council for Persons with
Disabilities shall be established for the purpose of this Act.
(2) The Council shall consist of the following members:
(a) the Minister who shall be the Chairman;
(b) the Secretary General of the Ministry responsible for
social welfare, who shall be the Deputy Chairman;
(c) the Attorney General of Malaysia, or his representative;
(d) the Secretary General of the Ministry responsible for
finance;
(e) the Secretary General of the Ministry responsible for
transport;
(f) the Secretary General of the Ministry responsible for
human resources;
(g) the Director General of Education;
(h) the Director General of Health;

Persons with Disabilities
(i) the Chairman of the Commercial Vehicle Licensing
Board;
(j) not more than ten persons having appropriate experience,
knowledge and expertise in problems and issues relating
to persons with disabilities to be appointed by the
Minister.
(3) The members of the Council appointed under subsection (2)
may be paid such allowances as the Minister may determine.
(4) A member of the Council appointed under paragraph (2)(j),
unless he sooner resigns or vacates his office or his appointment
is sooner revoked, shall hold office for a term not exceeding two
years and is eligible for reappointment for a term not exceeding
two consecutive terms.
Alternate members
4. (1) The Minister may appoint a person to be an alternate
member in respect of each member appointed under paragraphs
3(2)(d),(e) and (f) to attend, in place of that member, meetings of
the Council if that member is for any reason unable to attend.
(2) When attending meetings of the Council, an alternate
member shall for all purposes be deemed to be a member of the
Council.
(3) An alternate member shall, unless he sooner resigns his
membership or his appointment is sooner revoked, cease to be
an alternate member when the member in respect of whom he is
an alternate member ceases to be a member of the Council.
Revocation of appointment
5. The Minister shall revoke the appointment of a member of
the Council appointed under paragraph 3(2)(j)—
(a) if his conduct, whether in connection with his duties as
a member of the Council or otherwise, has been such
as to bring discredit on the Council;

10 Bill
(b) if there has been proved against him, or he has been
convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral
turpitude;
(ii) an offence under a law relating to corruption; or
(iii) any other offence punishable with imprisonment;
(c) if he becomes a bankrupt; or
(d) if he becomes of unsound mind or is otherwise incapable
of discharging his duties.
Cessation of membership
6. A member of the Council appointed under paragraph 3(2)(j)
shall cease to be a member—
(a) if he is absent from three consecutive meetings of the
Council without leave of the Chairman;
(b) if his appointment is revoked;
(c) if he dies; or
(d) if he resigns his office by giving one month notice in
writing to the Minister.
Meetings of Council
7. (1) The Council shall meet at least three times a year for
the performance of its functions at such time and place as the
Chairman may determine.
(2) Eleven members shall form the quorum of a meeting of
the Council.
(3) The Chairman shall preside over all its meetings.
(4) If the Chairman is unable for any reason to preside any
meeting of the Council, the meeting shall be presided by the
Deputy Chairman.

Persons with Disabilities
(5) The Council may invite any person to attend any meeting
or deliberation of the Council for the purpose of advising it on
any matter under discussion, but that person shall not be entitled
to vote at the meeting.
(6) At any meeting of the Council, the Chairman shall have a
deliberative vote and shall, in the event of an equality of votes,
have a casting vote.
(7) Any person invited under subsection (5) may be paid such
allowance as the Minister may determine.
(8) Subject to the provisions of this Act, the Council may make
regulations for regulating its meetings and proceedings.
Secretary to the Council
8. The Director General of Social Welfare shall be the Secretary
to the Council.
Functions of the Council
9. (1) The functions of the Council shall be as follows:
(a) to oversee the implementation of the national policy
and national plan of action relating to persons with
disabilities;
(b) to make recommendations to the Government on all aspects
of persons with disabilities including matters relating to
the support, care, protection, rehabilitation, development
and wellbeing of persons with disabilities;
(c) to co-ordinate and monitor the implementation of the
national policy and national plan of action relating
to persons with disabilities with relevant ministries,
government agencies, bodies or organizations and the
private sector;
(d) to monitor and evaluate the impact of policies, programmes
and activities designed to achieve full and effective
participation of persons with disabilities and in doing so
may enter into such arrangement with relevant ministries,
government agencies, bodies or organizations and the
private sector as it deems necessary;

12 Bill
(e) to review the activities of all ministries, government
agencies, bodies or organizations and the private sector
that are involved in the implementation of the national
policy and national plan of action relating to persons
with disabilities;
(f) to recommend to the Government changes to the existing
law as well as to propose new law in order to secure
full and effective participation in society of persons with
disabilities, including to facilitate accessibility;
(g) to develop programmes and strategies aiming at educating
the society and to raise awareness throughout society,
including at the family level, regarding persons with
disabilities including their capabilities and contributions
in order to promote positive perception and greater social
awareness and to foster respect for the rights and dignity
towards persons with disabilities;
(h) to adopt effective and appropriate measures to promote
recognition of the skills, merits and abilities of persons
with disabilities, and of their contributions to the workplace
and the labour market;
(i) to foster at all levels of the education system, including
in all children from an early age, an attitude of respect
for the rights of persons with disabilities;
(j) to advise the Government on the issues of disabilities
including developments at the international level;
(k) to collect and collate data and information, and undertake and
promote research relating to persons with disabilities;
(l) to promote the development of initial and continuing
training for professionals and staff working in habilitation
and rehabilitation services;
(m) to promote employment opportunities and career advancement
for persons with disabilities in the labour market, as
well as assistance in finding or obtaining employment
on equal basis with persons without disabilities; and
(n) to perform any other functions as directed by the Minister
for the proper implementation of this Act.

Persons with Disabilities
(3) The Council shall have all such powers as may be necessary
for, or in connection with, or incidental to, the performance of
its functions under this Act.
Council to be assisted by the Department
10. The Council shall be assisted by the Department in the
performance of its functions and the exercise of its powers under
this Act.
Establishment of committees
11. (1) The Council may establish such committees as it deems
necessary or expedient to assist it in the performance of its
functions and the exercise of its powers under this Act.
(2) A committee established under subsection (1)—
(a) shall be chaired by any member of the Council specified
under paragraphs 3(2)(b) to (i);
(b) shall conform to and act in accordance with any direction
given to it by the Council; and
(c) may determine its own procedure.
(3) Members of the committees established under subsection
(1) may be appointed from amongst members of the Council orsuch other persons as the Council thinks fit.
(4) Except for members of the committee appointed from
amongst members of the Council, any other persons appointed
as members of the committees may be paid such allowance as
the Minister may determine.
(5) A member of a committee shall hold office for such a term
as may be specified in his letter of appointment and is eligible
for reappointment.
(6) The Council may revoke the appointment of any member of
a committee without assigning any reason for the revocation.

14 Bill
(7) A member of a committee may, at any time, resign by
giving notice in writing to the chairman of the committee.
(8) The Council may, at any time, discontinue or alter the
constitution of a committee.
(9) A committee shall hold its meetings at such times and
places as the chairman of the committee may determine.
(10) A committee may invite any person to attend any meeting
of the committee for the purpose of advising it on any matter
under discussion but that person shall not be entitled to vote at
the meeting.
(11) Any person invited under subsection (10) may be paid
such allowance as the Minister may determine.
Delegation of functions and powers
12. (1) The Council may, subject to such conditions, limitations or
restrictions as it deems fit to impose, delegate any of its functions
and powers, except the power to make regulations under section
43, to—
(a) the Chairman of the Council;
(b) any member of the Council appointed under paragraph
3(2)(b) to (i); and
(c) a committee established under section 11.
(2) Any person or committee delegated with such functions
and powers shall conform and have regard to all conditions
and restrictions imposed by the Council and all requirements,
procedures and matters specified by the Council.
(3) Any function or power delegated under this section shall
be performed and exercised in the name and on behalf of the
Council.
(4) The delegation under this section shall not preclude the
Council itself from performing or exercising at any time any of
the delegated functions and powers.

Persons with Disabilities
Council to recommend changes to law
13. (1) In performing its functions under this Act, it shall be the
responsibility of the Council to recommend to the Government
changes required to be made to any law or to propose the
provision of new law in order to secure full and effective
participation in society of persons with disabilities, including to
facilitate accessibility or any other matter as it deems necessary
or expedient.
(2) For the purposes of making any recommendation under
subsection (1), the Council—
(a) shall consult the relevant ministries, government agencies,
bodies or organizations; or
(b) may consult the private sector or any non-governmental
organization as it deems necessary or expedient to do
so.
(3) In formulating its recommendation or proposal under subsection
(1), the Council shall have regard to such policies, information
and other considerations received during the consultation pursuant
to subsection (2) that appear to it to be relevant.
Responsibility of the Government
14. The responsibility and obligation to be discharged by the
Government under this Act shall be in furtherance of its policy relating
to persons with disabilities and shall be so discharged—
(a) by taking into consideration the available financial and
human resources and such other factors as may be
relevant; and
(b) in compliance with the provisions of the Federal Constitution
and other written laws as may be relevant.
Responsibility of relevant ministries, etc.
15. It shall be the responsibility and obligation of every relevant
ministries, government agencies or bodies or organizations—
(a) to co-operate with and assist the Council in the performance
by the Council of its functions under this Act;

16 Bill
(b) to give due consideration to the national policy and
national plan of action of the Government relating to
persons with disabilities; and
(c) to undertake steps, measures or actions required to be
taken by it in such form or manner as may be provided
for under any other written law or otherwise relating to
persons with disabilities.
Responsibility of the private sector and non-governmental
organization
16. It shall be the responsibility and obligation of the private
sector and non-governmental organization—
(a) to co-operate with and assist the Council in the performance
by the Council of its functions under this Act;
(b) to give due consideration to the national policy and
national plan of action of the Government relating to
persons with disabilities; and
(c) to undertake steps, measures or actions required to be
taken by it in such form or manner as may be provided
for under any other written law or otherwise relating to
pesons with disabilities.
Follow up
17. (1) The Council may require the relevant ministries, government
agencies or bodies or organizations to submit reports to the Council
on steps, measures and actions required to be undertaken by them
in complying with the provisions of this Act at such intervals as
the Council may specify.
(2) It shall be the duty of the relevant ministries, government
agencies or bodies or organizations referred to in subsection (1)
to submit full reports regarding the progress of steps, measures
or actions undertaken by them and such report shall be given
until the conclusion thereof.
(3) The Council may require the relevant ministries, government
agencies or bodies or organizations to provide explanation if the
Council is of the opinion that the progress of steps, measures or
actions is inadequate or unsatisfactory.

Persons with Disabilities
Funds
18. The Government shall allocate the Council with adequate
funds annually to enable the Council to perform its functions
under this Act.
Annual reports
19. The Council shall furnish to the Minister, and such public
authority as may be directed by the Minister an annual report of
all its activities during the year to which the report relates.
PART III
APPOINTMENT OF REGISTRAR GENERAL, ETC., AND
REGISTRATION OF PERSONS WITH DISABILITIES
Appointment and duties of Registrar General and Registrar
20. (1) The Minister shall for the purposes of this Act
appoint—
(a) a Social Welfare Officer in charge of the Department as
Registrar General;
(b) a Social Welfare Officer from the Department as Deputy
Registrar General;
(c) a Social Welfare Officer from the Department as a Registrar
for each State and Federal Territory; and
(d) such number of Assistant Registrars for any district or
area as the Minister may determine.
(2) The Registrar General shall be under the general direction
and supervision of the Director General of Social Welfare and the
Registrar General shall exercise general control and supervision
over all matters relating to the registration of persons with
disabilities under this Act.
(3) The Deputy Registrar General, Registrar and Assistant
Registrars shall be under the general direction and supervision
of the Registrar General.

18 Bill
(4) The Registrar General shall have the powers and exercise
the functions conferred on him by this Act, and in his absence,
such powers and functions may be had or exercised by the Deputy
Registrar General.
(5) Subject to the direction, control and supervision of the
Registrar General, the Deputy Registrar General or Registrar may
exercise all the powers and functions conferred on the Registrar
General by or under this Act.
(6) Subject to the direction, control and supervision of the
Registrar, an Assistant Registrar shall assist the Registrar in the
exercise of his powers and the performance of his functions in
the area of which he is appointed.
(7) Appointment of the Registrar General, Deputy Registrar
General, Registrar and Assistant Registrar under this section shall
be published in the Gazette.
Register of Persons with Disabilities
21. (1) Every Registrar shall keep and maintain a Register of
Persons with Disabilities.
(2) The Minister may make regulations for the keeping and
maintenance of Register of Persons with Disabilities and such
regulations may include provisions to authorize the Registrar or
Assistant Registrar to update the Register by making changes to
the particulars of the persons with disabilities or to delete the
names of persons with disabilities who have died or ceased to
be persons with disabilities.
Application for registration
22. (1) Application for registration as persons with disabilities
shall be made to the Council.
(2) The Minister may make regulations for the registration of
persons with disabilities and for all matters incidental thereto.

Persons with Disabilities
(3) Without prejudice to the generality of subsection (2), the
regulations may—
(a) prescribe the procedure to be followed in making an
application for registration;
(b) prescribe who may be registered as persons with
disabilities and who ceases to be registered as persons
with disabilities; and
(c) prescribe the manner of issuance and cancellation of Kad
OKU.
Power of Registrar to call for additional document or
information
23. (1) The Registrar may, in relation to any application made
under section 22, call for such additional document or information
to be supplied by the applicant within the period to be specified
by the Registrar.
(2) Where a person making an application fails to supply
the additional document or information called for within the
specified period or such other period as may be extended by
the Registrar, the application is deemed to have been withdrawn
without prejudice, however to a fresh application being made.
Registration and refusal to register
24. (1) After considering an application under section 22 and any
additional document or information supplied pursuant to section
23, if any, the Registrar shall—
(a) register a person to be a person with disability if he
is satisfied that the person who is the subject of the
application is a person with disability; or
(b) refuse to register a person as a person with disability
if he is satisfied that the person is not a person with
disability.
(2) A person aggrieved by the decision of the Registrar under
paragraph 1(b) may appeal to the Minister and the decision of
the Minister shall be final.

20 Bill
Issuance of Kad OKU
25. (1) The Registrar shall issue a person who is registered as
a person with disability a Kad OKU.
(2) AKad OKU issued under subsection (1) shall, unless
proved to have been cancelled, be conclusive evidence for all
purposes that the person has been duly registered as a person
with disability under this Act.
(3) The Kad OKU shall be surrendered to the Registrar when
a person ceases to be a person with disability.
PART IV
PROMOTION AND DEVELOPMENT OF THE QUALITY OF
LIFE AND WELLBEING OF PERSONS WITH DISABILITIES
Chapter I
Accessibility
Access to public facilities, amenities and services and
buildings
26. (1) Persons with disabilities shall have the right to access
to and use of, public facilities, amenities, services and buildings
open or provided to the public on equal basis with persons
without disabilities, but subject to the existence or emergence
of such situations that may endanger the safety of persons with
disabilities.
(2) For the purposes of subsection (1), the Government and
the providers of such public facilities, amenities, services and
buildings shall give appropriate consideration and take necessary
measures to ensure that such public facilities, amenities, services
and buildings and the improvement of the equipment related
thereto conform to universal design in order to facilitate their
access and use by persons with disabilities.
Access to public transport facilities
27. (1) Persons with disabilities shall have the right to access to
and use of public transport facilities, amenities and services open

Persons with Disabilities
or provided to the public on equal basis with persons without
disabilities.
(2) For the purposes of subsection (1), the Government and
the providers of such public transport facilities, amenities and
services shall give appropriate consideration and take necessary
measures to ensure that such facilities, amenities and services
conform to universal design in order to facilitate their access and
use by persons with disabilities.
Access to education
28. (1) Persons with disabilities shall not be excluded from the
general education system on the basis of disabilities, and children
with disabilities shall not be excluded from pre-school, primary,
secondary and higher education, on equal basis with persons or
children without disabilities, including vocational training and
lifelong learning.
(2) The Government and private educational providers shall, in
order to enable persons and children with disabilities to pursue
education, provide reasonable accommodation suitable with the
requirements of persons and children with disabilities in terms of,
among others, infrastructure, equipment and teaching materials,
teaching methods, curricula and other forms of support that meet
the diverse needs of persons or children with disabilities.
(3) The Government and private educational providers shall take
appropriate steps and measures to enable persons and children
with disabilities to learn life and social development skills in
order to facilitate their full and equal participation in education
including the following:
(a) to facilitate the learning of Braille, alternative script,
augmentative and alternative modes, means and formats
of communication and orientation and mobility skills,
and facilitating peer support and mentoring;
(b) to facilitate the learning of Malaysia Sign Language and
the promotion of the linguistics identity of the deaf
community; and
(c) to ensure that the education of persons, and in particular
children, who are blind, deaf or deaf-blind is delivered in

22 Bill
the most appropriate languages and modes and means of
communication for the individual, and in environments
which maximize academic and social development.
Access to employment
29. (1) Persons with disabilities shall have the right to access
to employment on equal basis with persons without disabilities.
(2) The employer shall protect the rights of persons with
disabilities, on equal basis with persons without disabilities, to just
and favourable conditions of work, including equal opportunities
and equal remuneration for work of equal value, safe and healthy
working conditions, protection from harassment and the redress
of grievances.
(3) The employer shall in performing their social obligation
endeavour to promote stable employment for persons with disabilities
by properly evaluating their abilities, providing suitable places of
employment and conducting proper employment management.
(4) The Council shall, in order to promote employment of persons
with disabilities in the private sector, formulate appropriate policies
and measures which may include affirmative action programmes
and other measures.
(5) The Council shall promote opportunities for training for persons
with disabilities in the labour market as well as opportunities for
self employment, entrepreneurship, the development of cooperatives,
starting one’s own business and creating opportunities to work
from home.
(6) For the purposes of this section, “employer” includes the
Government.
Access to information, communication and technology
30. (1) Persons with disabilities shall have the right to access to
information, communication and technology on equal basis with
persons without disabilities.

Persons with Disabilities
(2) The Government and the provider of information,
communication and technology shall in order to enable persons
with disabilities to have such access, provide the information,
communication and technology in accessible formats and technologies
appropriate to different kind of disabilities in a timely manner
and without additional cost.
(3) The Government and the private sector shall accept and
facilitate the use of Malaysia Sign Language, Braille, augmentative
and alternative communication, and all other accessible means,
modes and formats of communication of their choice by persons
with disabilities in official transactions.
Access to cultural life
31. (1) Persons with disabilities shall have the right to access to
cultural life on an equal basis with persons without disabilities.
(2) Persons with disabilities shall have the right to enjoy
access—
(a) to cultural materials in accessible formats;
(b) to television programmes, films, theatre and other cultural
activities, in accessible formats; and
(c) to places for cultural performances or services such
as theatres, museums, cinemas, libraries and tourism
services, and, as far as possible, to monuments and sites
of national cultural importance.
(3) The Council shall take appropriate measures to enable
persons with disabilities to have the opportunities to develop and
utilize their creative, artistic and intellectual potential, not only
for their own benefit, but also for the enrichment of society.
(4) Persons with disabilities shall be entitled on equal basis
with persons without disabilities to recognition and support of
their specific cultural and linguistic identity, including Malaysia
Sign Language and deaf culture.

24 Bill

Access to recreation, leisure and sport

32. (1) Persons with disabilities shall have the right to participate
in recreational, leisure and sporting activities on an equal basis
with persons without disabilities but subject to the existence or
emergence of such situations that may endanger the safety of
persons with disabilities.
(2) The Council shall take appropriate measures—
(a) to encourage and promote the participation, to the fullest
extent possible, of persons with disabilities in mainstream
sporting activities at all levels;
(b) to ensure that persons with disabilities have an opportunity
to organise, develop and participate in disability specific
sporting and recreational activities and, to this end,
encourage the provision, on an equal basis with persons
without disabilities, of appropriate instruction, training
and resources;
(c) to ensure that persons with disabilities have access to
sporting, recreational and tourism venues;
(d) to ensure that children with disabilities have equal access
with other children without disabilities to participation
in play, recreation and leisure and sporting activities,
including those activities in the school system; and
(e) to ensure that persons with disabilities have access to
services from those involved in the organization of
recreational, leisure, sporting activities and tourism.

Chapter 2

Habilitation and rehabilitation
Habilitation and rehabilitation
33. (1) The Council, the private healthcare service provider
and non-governmental organization shall take effective and
appropriate measures to enable persons with disabilities to attain
and maintain maximum independence, full physical, mental, social
and vocational ability and full inclusion and participation in all
aspects of life.

Persons with Disabilities

(2) For the purposes of subsection (1), the Council, the private
healthcare service provider and non-governmental organization
shall organize, strengthen and extend comprehensive habilitation
and rehabilitation services and programmes, particularly in the
areas of health, employment, education and social services, in such
a way that these services and programmes begin at the earliest
possible stage and are based on the multidisciplinary assessment
of individual needs and strengths.
(3) The Council, the private healthcare service provider and
non-governmental organization shall promote the availability,
knowledge, and use of assistive devices and technologies designed
for persons with disabilities as they relate to habilitation and
rehabilitation.
(4) The Council, the private sector and non-governmental
organization shall take appropriate measures to promote and
strengthen community-based rehabilitation programme to provide
early intervention, rehabilitation and training for persons with
disabilities in their own community through active community
participation.
In-home, residential and other community support services
34. The Council, the private sector and non-governmental
organization shall take appropriate measures to encourage and
promote the provision of a range of in-home, residential and other
community support services to prevent isolation or segregation
of persons with disabilities from the community.

Chapter 3

Health

Access to health

35. (1) Persons with disabilities shall have the right to the
enjoyment of health on an equal basis with persons without
disabilities.
(2) The Council, the private sector and non-governmental
organization shall take appropriate measures to ensure persons
with disabilities have access to health services, including health
related rehabilitation, that are gender sensitive.

26 Bill
Prevention of further occurrence of disabilities
36. (1) The Government and the private healthcare service
provider shall make available essential health services to persons
with disabilities which shall include the following:
(a) prevention of further occurrence of disabilities, immunization,
nutrition, environmental protection and preservation and
genetic counselling; and
(b) early detection of disabilities and timely intervention to
arrest disabilities and treatment for rehabilitation.
(2) In taking measures to prevent further occurrence of disabilities,
the Government shall—
(a) undertake or cause to be undertaken surveys, investigations
and research concerning the cause of occurrence of such
disabilities; and
(b) sponsor or cause to be sponsored awareness campaigns and
disseminate or cause to be disseminated information on
causes of disabilities and the preventive measures to be
adopted and on general hygiene, health and sanitation.
Availability of health personnel
37. (1) Any private sector and non-governmental organization
providing institutional care for persons with disabilities shall
have in its employment speech therapist, physiotherapist and
occupational therapist, or such health personnel as the Minister
may deem necessary after taking into account the requirements
and capabilities of such private institution, frequency of services
and such other factors as may be relevant.
(2) For the purposes of subsection (1), such private
institution—
(a) registered under the Care Centres Act 1993 [Act 506],
shall within six months of the coming into operation
of this Act submit to the Council the number of such
personnel in their employment; or
(b) applying to be registered under the Care Centres Act 1993
shall on and after the coming into operation of this Act,

Persons with Disabilities

before commencing operation, submit to the Council the
number of such personnel in their employment.
(3) Notwithstanding subsection (1), the Minister may exemptany private sector or non-governmental organization providing
institutional care for persons with disabilities, as he deems fit
and necessary, from having in-house health personnel in their
employment and instead may allow periodic visit of such health
personnel to such private institution.
Chapter 4
Protection of persons with severe disabilities
Lifelong protection and social support system
38. (1) The Government shall provide the necessary lifelong
protection and social support system including ensuring that the
welfare of persons with severe disabilities remain unaffected after
the death of their parents or their caregivers in order to enable
the persons with severe disabilities to lead a better quality of
life.
(2) Any non-governmental organization intending to provide or
providing institutional care for persons with severe disabilities
or the caregivers for persons with severe disabilities may make
an application for an incentive for providing such care to the
Council in such form and manner as may be prescribed.
(3) The Council may, if it is satisfied that the application of
the non-governmental organization or caregivers referred to in
subsection (2) should be considered, grant such incentive as it
deems appropriate with the approval of the Minister responsible
for finance.
Meaning of "€œpersons with severe disabilities€"
39. For the purposes of this Chapter, "€œpersons with severe
disabilitiesâ" means a person suffering from one or more disabilities
who is dependent on others for basic daily living activities.

28 Bill
Chapter 5
Situations of risk and humanitarian emergencies
Access to assistance
40. (1) Persons with disabilities shall have the right to have
assistance on equal basis and recognition with persons without
disabilities in situations of risk and humanitarian emergencies,
including armed conflict and the occurrence of natural disaster.
(2) The Government shall take all necessary measures to
ensure persons with disabilities to have the right of assistance in
situations of risk and humanitarian emergencies by way of legal
as well as administrative mechanism.

PART V

GENERAL

Protection against suit and legal proceedings
41. No action, suit, prosecution or other proceedings shall lie or
be brought, instituted or maintained in any court against—
(a) the Government;
(b) the Minister;
(c) the Council;
(d) any member of the Council or any member of a committee;
or
(e) any other person lawfully acting on behalf of the
Council,
in respect of any act, neglect or default done or committed by
him or it in good faith or any omission omitted by him or it in
good faith in such capacity.
Public Authorities Protection Act 1948
42. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against

Persons with Disabilities

the Government, Council or any member of the Council, any
member of a committee or agent of the Council in respect of
any act, neglect or default done or omitted by it or him in such
capacity.
Power to make regulations
43. (1) The Minister may make regulations as appear to him to
be necessary and expedient to carry out the provisions of this
Act.
(2) Without prejudice to the generality of the powers conferred
by subsection (1), the Minister may make regulations for all or
any of the following purposes:
(a) to regulate the management of institutions established for
persons with disabilities;
(b) to regulate the management of institutions established for
persons with severe disabilities;
(c) to process and regulate the registration of persons with
disabilities and such matter relating or incidental
thereto;
(d) to prescribe any other matter required or permitted to be
prescribed under this Act; and
(e) to provide for any other matter which the Minister deems
expedient or necessary for the purposes of this Act.
Things done in anticipation of the enactment of this Act
44. All acts and things done on behalf of the Government or
the Council in preparation for or in anticipation of the enactment
of this Act and any expenditure incurred in relation thereto shall
be deemed to have been authorized under this Act, provided that
the acts and things done are consistent with the general intention
and purposes of this Act; and all rights and obligations acquired
or incurred as a result of the doing of those acts or things
including any expenditure incurred in relation thereto shall on
the coming into operation of this Act be deemed to be the rights
and obligations of the Government or the Council.

30 Bill

Savings and transitional
45. (1) Any person who immediately before the coming into
operation of this Act is registered as a person with disability
with the Department of Social Welfare shall, on the coming into
operation of this Act, be deemed to be a person with disability
registered under this Act.
(2) Any person with disability to whom an identification card
has been issued by the Department of Social Welfare immediately
before the coming into operation of this Act shall be issued a
Kad OKU under this Act.
(3) All registers relating to registration of persons with
disabilities kept and maintained by the Department of Social
Welfare immediately before the coming into operation of this Act
shall, on the coming into operation of this Act, be deemed to be
registers kept and maintained under this Act and shall be deemed
to form part of the Register of Persons with Disabilities.
Prevention of anomalies
46. (1) The Minister may, by order, make such modifications in
the provisions of this Act as may appear to him to be necessary or
expedient for the purpose of removing any difficulty occasioned
by the coming into operation of this Act only as regard to the
performance of the functions and the exercise of the powers by
the Council.
(2) The Minister shall not exercise the powers conferred by
this section after the expiration of two years from the date of
coming into operation of this Act.
(3) In this section, “modifications” means amendments, additions,
deletions and substitutions of any provision of this Act.
EXPLANATORY STATEMENT
This Bill seeks to provide for the registration, protection, rehabilitation,
development and wellbeing of persons with disabilities, and the creation of the
National Council for Persons with Disabilities which will be charged with the

Persons with Disabilities
responsibility of promoting the quality of life of persons with disabilities. Apart
from the Government’s national policy and national plan of action pertaining
to persons with disabilities, the Convention on The Rights of Persons with
Disabilities forms the main thrust and basis of this Bill, even though Malaysia
has yet to become a party to the Convention.

PART I

2. Part I of the Bill contains preliminary matters.
3. Clause 1 contains the short title and the power of the Minister to appoint
different commencement for different provisions of this proposed Act.
4. Clause 2 defines certain words and expressions used in the proposed Act.
Some of the salient definitions are as follows:
(a) the definition of “persons with disabilities” which is the central thread
of the Act; and
(b) the definitions of “reasonable accommodation” and “universal design”
which are very pertinent in the area of accessibility.
PART II

5. Part II contains provisions relating to National Council for Persons with
Disabilities.
6. Clause 3 provides for the creation of the National Council for Persons
with Disabilities.
7. Clauses 4, 5 and 6 deal with the alternate members of certain members
of the Council, revocation of appointment of members of Council in the
circumstances enumerated and their resignation.
8. Clause 7 provides for the meetings of the Council, which includes the
frequency of the meeting, quorum, chairmanship, attendance on invitation,
voting rights and power to make regulations.
9. Clause 8 names the Director General of Social Welfare as the Secretary
of the Council.
10. Clause 9 relates to the functions of the Council, among others
being—
(a) to oversee the implementation of the national policy and national plan
of action relating to persons with disabilities;
(b) to make recommendations to the Government on all aspects of persons
with disabilities including matters relating to the support, care,
protection, rehabilitation, development and wellbeing of persons
with disabilities;

32 Bill

(c) to co-ordinate and monitor the implementation of the national policy
and national plan of action relating to persons with disabilities with
relevant ministries;
(d) to adopt effective and appropriate measures to promote recognition
of the skills, merits and abilities of persons with disabilities, and of
their contributions to the workplace and the labour market; and
(e) to promote employment opportunities and career advancement for
persons with disabilities in the labour market, as well as assistance
in finding or obtaining employment on equal basis with persons
without disabilities.
11. Clause 10 provides that the Council shall be assisted by the Department
for the Development of Persons with Disabilities in the performance of its
functions and the exercise of its power under this Act.
12. Clause 11 provides for the establishment of committees to assist the
Council. Members of the committees may be appointed from amongst members
of the Council or such other persons as the Council thinks fit.
13. Clause 12 relates to the delegation of the Council’s functions and
powers.
14. Clause 13 imposes a duty on the Council to recommend changes to the
existing law of the country or to propose new law particularly on matters
relating to accessibility. The responsibility and obligation imposed on competent
persons or bodies through legal mechanism would secure effective compliance
with various standards set in order to achieve the desired goal in promoting
the wellbeing of the disabled.
15. Clause 14 specifically states that in discharging its responsibilities and
obligations, the Government shall take into account the financial and human
resources available and the provisions of the Federal Constitution and other
written laws.
16. Clauses 15 and 16 emphasize the responsibility of the relevant ministries,
government agencies, etc., the private sector and non-governmental organization
in ensuring that there would be full and effective participation and inclusion
of persons with disabilities in the society.
17. Clause 17 requires the relevant ministries, government agencies or
bodies or organizations to submit report to the Council on steps, measures and
actions required to be undertaken by them in complying with the provisions
of this Act and to provide explanation to the Council if the Council is of the
opinion that the progress of the steps, measures and actions is inadequate or
unsatisfactory.
18. Clause 18 imposes a duty on the Government to allocate the Council
with adequate funds annually to enable the Council to perform its functions
under this Act.

Persons with Disabilities

19. Clause 19 requires the Council to submit an annual report of all its
activities during the year to which the report relates to the Minister or any
public authority.
PART III
20. Part III contains provisions on the Registrar General for Persons with
Disabilities, Deputy Registrar General, Registrar and Assistant Registrars and
registration of persons with disabilities.
21. Clause 20 provides for the appointment and duties of Registrar General
and Registrar.
22. Clause 21 relates to the keeping and maintenance of Register of Persons
with Disabilities.
23. Clause 22 deals with application for registration as persons with disabilities.
It also empowers the Minister to make regulations in respect thereof.
24. Clause 23 allows the Registrar to call for additional document or
information while clause 24 confers the Registrar the power to register or
refuse an application.
25. Clause 25 relates to the issuance of Kad OKU to persons with
disabilities.

PART IV

26. Part IV contains five chapters that deal with the promotion and development
of the quality of life and wellbeing of persons with disabilities. Chapter 1
deals with matters relating to rights to accessibility, Chapter 2 on habilitation
and rehabilitation, Chapter 3 relates to health, Chapter 4 on protection of
persons with severe disabilities and Chapter 5 deals with assistance rendered
in situations of risk and humanitarian emergencies.
27. Clause 26 seeks to provide persons with disabilities the right to access
to and use of, public facilities, amenities, services and buildings open or
provided to the public, on equal basis with persons without disabilities.
28. Clause 27 deals with the right of persons with disabilities to access to
and use of, public transport facilities, amenities and services open or provided
to the public, also on equal basis with persons without disabilities.
29. Clause 28 provides for inclusion of persons and children with disabilities
in the general education system and places a duty on the educational provider
to provide reasonable accommodation suitable with the requirements of persons
and children with disabilities.
30. Clause 29 relates to the right of access to employment. Under this clause,
the employer is to ensure that persons with disabilities are accorded just and

34 Bill
favourable condition of work and equal opportunities and equal remuneration
for work of equal value as enjoyed by persons without disabilities.
31. Clause 30 confers persons with disabilities with the right of access to
information, communication and technology on equal basis with persons without
disabilities and places duty on the Government and the provider of information,
communication and technology to provide the information, communication and
technology in accessible formats and technologies appropriate to different kind
of disabilities.
32. Clause 31 confers persons with disabilities with the right of access to
cultural life on equal basis with persons without disabilities. The Council is
to create opportunities for persons with disabilities to develop and utilize their
creative, artistic and intellectual potential.
33. Clause 32 ensures persons with disabilities the right to participate in
recreational, leisure and sporting activities subject however, to the existence
or emergence of such situations that may endanger their safety.
34. Clause 33 requires the Council, the private healthcare service provider and
non-governmental organization to take effective and appropriate measures to
enable persons with disabilities to attain and maintain maximum independence,
full physical, mental, social and vocational ability and full inclusion and
participation in all aspects of life, to promote and strengthen community-based
rehabilitation programme and to promote the availability, knowledge and use
of assistive devices and technologies designed for persons with disabilities.
35. Clause 34 requires the Council, the private sector and non-governmental
organization to promote the provision of in-home, residential and other
community support services so as to prevent persons with disabilities from
being isolated or segregated from the community.
36. Clause 35 confers persons with disabilities the right to the enjoyment
of health and ensures them access to health services.
37. Clause 36 requires the Government, the private healthcare service provider
and non-governmental organization to make available essential health services
to persons with disabilities.
38. Clause 37 places a duty on the private sector and non-governmental
organization providing institutional care for persons with disabilities to have in
its employment speech therapist, physiotherapist and occupational therapist as
the Minister deems necessary. The Minister is however empowered to exempt
such provider from the requirement of this section.
39. Clause 38 requires the Government to provide the necessary lifelong
protection and social support system for persons with severe disabilities.
Incentives may be given to any non-governmental organization providing
such institutional care and to caregivers for persons with severe disabilities,
on application.
40. Clause 39 defines the term “persons with severe disabilities”.

Persons with Disabilities

41. Clause 40 ensures persons with disabilities full assistance and recognition
in situations of risk and humanitarian emergencies.
PART V
42. Part V contains general provisions.
43. Clause 41 confers protection to the Government, Minister, the Council
and its members and other persons lawfully acting on behalf of the Council
from actions, suit or prosecution if the acts were done in good faith.
44. Clause 42 provides for the application of the Public Authorities Protection
Act 1948 to the Government, Council or its members, any member of a
committee and agents of the Council.
45. Clause 43 deals with the power of the Minister to make regulations.
46. Clause 44 provides for things done in anticipation of the enactment of
the proposed Act.
47. Clause 45 provides for savings and transitional provisions.
48. Clause 46 empowers the Minister to make such amendments, additions,
deletions or substitutions to the provisions of the proposed Act to remove any
difficulty that may arise.

FINANCIAL IMPLICATIONS

This Bill will involve the Government in extra financial expenditure the amount
of which cannot at present be ascertained.
[PN(U2)2617]

Bangalore Mirror Report: Access Denied!

"How can we create an "enabling" environment or do we continue to accept the way things are placed now?", asks Indian disability expert Mahesh Chandrasekar in the Bangalore Mirror.

"ACCESS DENIED" published in Bangalore Mirror, Dated 11 Dec 2007.

Following the International Day of Disabled Persons (3rd Dec 2007), I received a call from Bangalore Mirror to conduct a "Reality Check" to find how Bangalore City is placed in enabling persons with disabilities to lead an active/ independent life.

Can a person with disability undertake day-day-tasks such as walking on the footpath, buying grocery, selecting a book from a book store, going to a bakery, hotel, using the ATM, going by bus, selecting a favorite shirt, going to a movie etc.. freely and independently?

There are laws (Eg. 'Chapter VIII - Non-Discrimination' of Persons with Disabilities Act, 1995) and guidelines issued by the Bangalore City Corporation under the building bye-laws "No. 31. Facilities for Physically Handicapped Persons" - that is applicable to all buildings having a covered area of 300 Sq Mts - But there was hardly any evidence of these provisions being implemented.

The verdict - "Except for some of the new shopping malls the rest of the places (the common/ everyday joints) are totally out of bounds for persons with disabilities".

In Support of Right Livelihood

Erica Barnett writes in "Making Travel More Ethical" at WorldChanging about hotel workers. First among her list of little-know-facts is this disturbing statistic about how being a hotel worker can actually be a path into becoming disabled:

Housekeepers in the hospitality industry report pervasive problems with job-related pain. In surveys compiled by Unite Here's Hotel Workers Rising campaign, which organizes and works on behalf of hospitality workers in the United States, more than 75 percent of workers report work-related pain; more than 80 percent report pressure to complete their work quickly; more than two-thirds report taking pain medication regularly; and nearly three-quarters report chemical irritation from exposure to cleaning supplies.

She continues:

Those are some alarming statistics. Fortunately, there are some innovative, accessible resources available to travelers that both provide information to people who stay in hotels and put pressure on hotel companies to improve pay and working conditions for those at the bottom of the travel food chain. Two I particularly like are Hotel Workers Rising's union hotel guide and The Jewish Funds for Justice's Ethical Travel Campaign.

For the entire article see:

http://www.worldchanging.com/archives/007694.html

O Ensino da Hotelaria no Brasil (Portuguese)

O Ensino da Hotelaria no Brasil
Coluna de Bayard Boiteux

Um dos maiores desafios da educação superior brasileira é preparar quadros,para os meios de hospedagem,hospitais ,colônias de férias e clubes de serviços.Trata-se de uma prioridade,sobretudo ,quando se vislumbra a possibilidade do país ganhar nos próximos 5 anos,600 novos meios de hospedagem,sendo que 40% deverá se concentrar nas regiões sul e sudeste,que representam a maior fatia do turismo brasileiro,notadamente o receptivo.

A administração e operação de novos equipamentos hoteleiros e a tendência ,cada vez maior, da hotelaria hospitalar demandam a capacitação de recursos humanos voltados para nossa realidade.Trazer para o Brasil,a Escola de Glion não é seguramente a resposta para nossos problemas,sobretudo porque a realidade européia é totalmente diferente da nossa.Caímos no ridículo,quando alunos são obrigados a comparecerem as faculdades em tailleur ou terno,uniformes criados para outras relações de ensino-aprendizagem.

Em nenhum momento, queremos desprezar o estudo de casos de sucesso internacionais, mas os mesmos devem apenas figurar nas grades, como uma forma de se entender melhor a globalização e sobretudo a busca de intercâmbio de experiências mas a formação é no Brasil e não na Suíça ou na Espanha.

A qualificação dos novos empreendedores tem como objetivo, num primeiro momento fortalecer a flexibilidade cultural e administrativa, que norteia tal segmento. O consumidor hoje precisa ser entendido como alguém que nos ajuda a desvendar as necessidades de um novo mundo,que muda diariamente e que de certa forma produz efeitos perceptíveis nas relações de consumo.

O mercado vai buscar pessoas que gostem das outras, ou seja, alguém que resolveu que a prestação de serviço deve superar as expectativas do consumidor mas sobretudo dotado de uma forte cultura geral,ancorada na história,na geografia,na sociologia e recheado de curiosidades contínuas.

A hotelaria envolve todos os colaboradores na gestão e eles devem usufruir de todos os serviços de suas empresas, como pernoitar nas suítes, comer nos restaurantes ou usufruir das áreas de lazer, para que se tornem embaixadores de seus produtos. O funcionário tem que estar ciente de todas as novas tendências do mercado e ser constantemente reciclado.Ele precisa ser olhado,como alguém que pode,através de uma idéia ou sugestão,melhorar o modus operandi gerencial.

O Brasil deverá ultrapassar a marca de 1% dos turistas que viajam pelo mundo nos próximos 4 anos. A Hotelaria tem se profissionalizado mas nascem inúmeras pousadas administradas por estrangeiros no interior do país,que não sofrem nenhuma supervisão de qualidade e que podem ser um empecilho para uma verdadeira profissionalização.

Avançamos, devagar, no sentido de buscar um novo profissional brasileiro, calcado no pacto de qualidade, que nosso país exala e que precisa ser a mola mestre de nossa hotelaria: a brasilidade, na verdadeira aceitação da palavra e na oferta diferencial do produto Brasil.

Bayard Do Custo Boiteux é diretor da Escola de Turismo e Hotelaria da UniverCidade e palestrante. (www.bayardboiteux.pro.br)

Tourism Websites Fall Short On Accessibility

Almost all UK tourism websites are failing to meet basic acceptable
standards of accessibility, according to a new report from technology
access charity AbilityNet.

The report, the latest in a series of 'State of the eNation' surveys by the
charity, assessed ten websites at random from a list of the most popular
UK visitor attractions. The sites were rated using a five star scale from
'very inaccessible' (one star) to 'very accessible' (five stars), with
three stars representing an 'adequate' level of accessibility.

Only one of the ten sites examined - the Glasgow Science Centre - met
or exceeded this 'adequate' threshold. The centre's site
(http://www.glasgowsciencecentre.org ) has been improved in the past
year with accessibility in mind and as a result achieved four stars.

Of the other sites assessed, four achieved two stars (the Eden Project,
The Giant's Causeway, National Waterfront Museum and Portmeirion)
and five were deemed very inaccessible, receiving only one star
(Belfast Zoo, The Burns Heritage Museum, Edinburgh Castle, Kew
Gardens and the London Eye).

Sites which fail to meet the three-star level may be falling short of
service access requirements set out in the UK's Disability
Discrimination Act, AbilityNet says.

The report took into account sites' compliance with the international
World Wide Web Consortium's Web Content Accessibility
Guidelines, as well as the practical difficulties that visitors with a range
of disabilities may experience. Among the features that cause problems
are small text that cannot be resized; unnecessary complexity; closely
clustered buttons; unlabeled images and over-reliance on visual clues.
Since the audit was taken at least three of the single-star-rated
attractions have expressed a commitment to improving the accessibility
of their websites.

Source:

E-access Bulletin, Headstar, Issue 96

Copyright 2007 Headstar Ltd http://www.headstar.com .
The Bulletin may be reproduced as long as all parts including this
copyright notice are included, and as long as people are always
encouraged to subscribe with us individually by email. Please also
inform the editor when you are reproducing our content. Sections of
the bulletin may be quoted as long as they are clearly sourced as 'taken
from e-access bulletin, a free monthly email newsletter', and our web
site address:
http://www.headstar.com/eab
is also cited.

+Personnel:
Editor - Dan Jellinek
Reporter: Majeed Saleh
Editorial advisor - Kevin Carey
Marketing Executive - Claire Clinton
Sales and Marketing - Jo Knell, Will Knox.

ISSN 1476-6337

A Corrective for Those Who Counselled "All is Well!" Too Often

It's not unambiguously better out there!

PEOPLE with disabilities have significantly more trouble accessing airline services than five years ago, despite the introduction of a national standard to protect them.

The Public Interest Advocacy Centre surveyed 110 people with disabilities, their carers or advocates and found that only 14 had an overall positive experience when dealing with airlines.

Its report concludes that there has been "a systemic failure of airlines to improve access". It has been submitted to a federal government five-year review of disability standards for accessible public transport.

Read:

Airlines dive in survey of disabled passenger satisfaction

Airlines 'discriminating against disabled'

Airlines warned not to bar disabled

Airlines need to do more for disabled travellers says new report

International Convention for Rehabilitation Engineering & Assistive Technology (i-CREATe) 2008

Livable Communities Awards, presented by the National Association of Home Builders and AARP

Builder magazine reports on the homebuilding trend that is affecting hotel, resort, and cruise ship design:

Two builders, two developers, and a remodeler received the first Livable Communities Awards, presented by the National Association of Home Builders and AARP. The awards, presented Dec. 11 in Washington, recognize homes and communities that are well designed, safe, comfortable, and accessible, regardless of the occupants' age or abilities.

Winning builders John Wesley Miller Cos. of Tucson, Ariz., and Wendt Builders of Snellville, Ga.; developers the Madison Area Community Land Trust of Madison, Wis., and Integral Group of Atlanta; and remodeler Quality Design & Construction in Raleigh, N.C., will also be recognized in the January/February 2008 issue of AARP magazine, which is distributed to 23 million homes nationwide.

"What we want to see is innovation in the marketplace," said Elinor Ginzler, AARP's director of livable communities. "We know from talking to our members that while they want comfort and safety, they don't want a feeling that they're in an institution."

Source:

http://www.builderonline.com/industry-news.asp?sectionID=26&articleID=625936

Preliminary Standards: Inclusion and Visitability for the Hospitality Industry

Gordon Rattray of Able Travel is first out of the gate in publishing a new type of resource for hoteliers. The document, Making Your Property More Inclusive: Basic Guidelines for African Safaris, is only one example of a new generation of results-oriented advice flowing from the kind of thinking evident at the Second International Conference on Accessible Tourism held at the UN campus in Bangkok, Thailand.

The core concepts are "Social Inclusion" and "Visitability."

While mere accessibility addresses usability of basic infrastructure by all, social inclusion (or simply "inclusion") refers to the availability of the activities and social interaction taking place in any space. Inclusion is the more powerful and adaptive concept. In terms of the tourism industry "accessibility" is equivalent to a building having indoor plumbing and running water -- so basic as to be a non-issue -- unless it is absent!

Visitability is a specific application of the seven principles of Universal Design to the minimum requirements for usability of the built environment by persons with mobility impairments. The concept of Visitability has been developed by Eleanor Smith and, until now, exclusively applied to private residences.

However, we know that concepts of "home" and "hominess" migrate into the hospitality industry at a rapid pace. Visitability as a hotel design trend is arising simultaneously in Europe, South America, Africa, and Asia. It will be a topic of hallway discussions at the ASEAN Tourism Forum (ATF-2008) in Bankok next month.

Gordon is writing a safari guide for Pw. If you would like to contribute, he is looking for anybody with experience of Africa or adventure travel in general for this market. See his site: http://www.able-travel.com/contact.php

Piso tátil orienta deficientes (Portgugese)

Para contribuir com projetos de acessibilidade, a Mercur traz ao mercado o Piso Tátil. Formado por placas de borracha antiderrapantes e superfícies de relevos direcionais, o produto tem por finalidade orientar pessoas com deficiência visual.

Na verdade, são dois os tipos de placas de Piso Tátil: os direcionais, que possuem linhas longitudinais em relevo para demarcar a direção; e os de alerta, compostos por superfície tipo moeda para indicar mudança de direção. Dependendo de como as placas são dispostas, indica-se a direção a ser seguida. A novidade da Mercur segue as orientações da NBR 9050:2004 da ABNT. Piso Tátil conta também com alta resistência a produtos alcalinos, ácidos, água sanitária e produtos de limpeza em geral. Dúvidas podem ser esclarecidas em www.mercur.com.br. O telefone de contato é (51)3719-9500.

European Disability Forum Training Program

The secretariat of the European Disability Forum is launching its new traineeship scheme for a young disabled activist for a 5 month period. Please disseminate this call as widely as possible to any interested person and among your contacts.

The aims of the traineeship are three-fold:

- to provide a unique training opportunity for disabled persons within the EDF Secretariat and to provide the trainee with practical experience in the development and operation of EU disability policy and EU decision-making.

- to provide the Trainee with hands-on experience of working at EU level with the EU institutions, in particular the European Parliament, and with European NGOs and stakeholders.

- to provide EDF secretariat with invaluable support and added value that a young disabled person can bring

Essential skills and requirements:

- The applicant must be a disabled person

- The applicant must be undertaking a college or university education

- Commitment to disability rights and interest in working for a European NGO

- Good level of computer knowledge

- Good written and spoken English language skills, the knowledge of French will be an asset

Deadline for the submission of applications : 15 January 2008

Start of traineeship : 15 February 2008

How to apply : CV and cover letter to be sent to Ms Janina Arsenjeva at the EDF secretariat, Email: janina.arsenjeva@edf-feph.org, Tel+ 322 282 46 02

The job description, the person’s specification and application procedures are available on EDF website : http://www.edf-feph.org/Page_Generale.asp?DocID=13854&thebloc=15893

Living With Disabilities in Pattaya, Thailand

The Internet is wonderful -- but my sense of timing is not always what it should be to take advantage of all the resources there!

Regularly I meet extraordinary people like Pete Mills of the Pataya Expats Club through Internet research. Unfortunately, I only met him via email several days after I returned.

With all the momentum we have built toward a long-term campaign for Inclusive Tourism in Pattaya I intend to answer Pete's call for travel info for PwD tourists and expats in his article, "Living with Disabilities in Pattaya."

Thanks, Pete (Khob Khun Mak Krab, in Thai) for the support of our community!

From Pete's article:

...if I were disabled in any way, there is no place I would rather be than in Pattaya. And perhaps those of you out there, with various forms of disabilities, would like to e-mail to me your opinion on this, as your personal experiences would carry more weight than my observations.

So why do I think that Pattaya is the place to be, even though there are no laws to ensure that disabled people are able to enjoy their lives to the full?

First, it is the friendliness of the Thai people towards visitors, young and old, that attracts many of us to Thailand in the first place. Several of my disabled friends have beautiful, caring girl friends and boy friends, and their partners make sure that they enjoy the good life in Pattaya. Much fuller and more independent lives than they could possibly live in the USA or the United Kingdom for instance.

And then there is the cost of any care a disabled person may need. For approximately US$1,000 a month (less than most US Social Security retirement incomes), you can live a very comfortable life in Pattaya, and this is true whether you are disabled or not.

It is not unusual to see foreigners with a variety of disabilities, accompanied by their partners and enjoying all of the attractions of the resort – the beaches, swimming, night clubs, restaurants and all manner of sports. I have a friend who has Multiple Sclerosis, which has been getting worse over the years. However, he is able to live a very full and enjoyable life in Pattaya.

I realize that this article, at the moment, is short on specific businesses that cater to the disabled, but through the feedback from our Club, and folks like yourself, we hope to build a good database for anyone with disabilities visiting or residing in Pattaya.

Please email Pete at info@pattayaexpatsclub.com with up to date information on the businesses in Pattaya that provide good access for the disabled. Together we can perhaps raise the level of awareness for the disabled in Pattaya

In another story, Day al-Mohamed has a news bit about OPwD in Thailand in her post here:

http://www.mysinchew.com/node/4285?tid=4

And also:

Vietnamese photographer wins International Day of Disabled Persons photographic competition

http://www.ilo.org/public/english/region/asro/bangkok/public/releases/yr2007/pr07_39.htm

Statement by Rosangela Berman Bieler – International Services Human Rights Award

Rosangela Berman Bieler, Executive Director of the Inter-American Institute on Disability & Inclusive Development, recently received the 2007 Human Rights Award from International Service. Rosangela's work includes disaility and development at the World Bank and an ongoing project on disability, tourism, and development linking Brazil, Argentina, and Uruguay. Below is the text of her acceptance speech:

First of all, I would like to express my deep appreciation to International Services for establishing this Human Rights Award and to including Disability Rights as a relevant area. I humbly thank the IS selection panel and supporters for considering my name amongst such a distinguished group of Human Rights Champions from around the world. It is for me a huge honor to be part of the IS partnership.

This award comes in a unique moment, when Disability rights advocates from all over the planet are working together to give visibility and to maximize the number of nations that ratify the new Convention on the Rights of Persons with Disabilities.

This twenty-first century's first human rights treaty was adopted by the United Nations a year ago and opened for signatures on March 30, 2007. To date, 118 nations have indicated support of the treaty and interest in ratification. As of today, 10 nations have ratified (Croatia, Cuba, Gabon, Hungary, India, Spain, Bangladesh, South Africa, Jamaica, and Panama). The treaty becomes legally binding 30 days after the 20th nation ratifies it.

According to the UN, approximately 10 percent of the world’s population has a disability. This translates into over 600 millions disabled people living around the world, being more than 400 million in developing countries. For every disabled person, there are at least three other members of the household indirectly affected by disability. The largest increase in the number of people with disabilities will happen in the age bracket of 65 years or more. And the world population is aging…

Today Disability is understood as the result of the interaction between people with different levels of functioning and an environment that does not take these differences into account. Disability is part of each and every individual’s life cycle. Beyond the typical areas of disability (motor, hearing, visual, and mental/intellectual), persons in general face “disabling” conditions in a society that is unprepared to recognize and respond to human diversity.

People with physical, sensory or mental limitations are often disabled not because of a diagnosable condition, but because they are denied access to education, labor markets, and public services. This exclusion leads to poverty and, in a vicious circle, poverty leads to more disability by increasing people’s vulnerability to malnutrition, disease, and unsafe living and working conditions.

According to the World Bank, it is expected that the number of people with disabilities will increase by 120%, in the next 30 years in developing countries. The increase is of 40% in more developed countries. It is estimated that 100 million people in the world acquired a disability due to malnutrition.

About 80-90% of disabled people in the Latin-American Region are unemployed or outside the work force. Most of those who have jobs receive little or no monetary remuneration. In my native country, Brazil, the 2000 Census shows that, of the 24.650.000 Brazilians with disability, 27% live in situation of extreme poverty and 53% are poor.

Universal inclusion is not only a human rights issue and a principle for equity, but also an operational strategy to general a better and sustainable society for all. To improve the efficacy of social and economic development actions and to reach all manifestations of human diversity, public policies, from design to implementation, must take all human characteristics and needs into account.

Human Rights are exercised in the mainstream society, in the daily life of each one of us. The means for this full exercise are provided by fair and equitable public policies for all. The UN Convention on the Rights of Persons with Disabilities is a strong and effective instrument to orient and assist governments to implement policies and actions under an inclusive development approach.

The UN Convention recognizes the fundamental importance of getting disabled people ourselves involved in the process of our emancipation and reinforces the concept of “Nothing About Us, Without US”, used by the disability field to claim full participation. Under this premises, together with my peers and supporters of the Disability field, I would like to call all governments to immediately ratify the CRPD and start making the ideal of an inclusive Society, into a reality.

Thank you very much for this opportunity and let’s continue working together for a planet and a society where life is valued, diversity is celebrated and dignity is for all.

Inter-American Institute on Disability & Inclusive Development
Instituto Interamericano sobre Discapacidad y Desarrollo Inclusivo
Instituto Inter-Americano sobre Deficiência & Desenvolvimento Inclusivo

Rosangela Berman Bieler
Executive Director

From Travel Weekly (UK): Travel agencies warned over needs of disabled travellers

On Thursday, December 06, 2007 Chloe Berman wrote, "Travel agencies warned over needs of disabled travellers":

Travel agencies could face a fine of up to £5,000 if they fail to communicate the needs of disabled passengers to air carriers, following the introduction of new EU laws in July next year.

Agents must take "all necessary measures" to notify the airline, for example
making a phone call, emailing, or filling in a box on the tour operator's
website at least 48 hours before the flight. Travel agents may waive this
responsibility if they book a package holiday with a tour operator. However,
if they book a flight-only or dynamic package, they must fulfil the
requirement.

Speaking at a Travel and Tourism Lawyers Association seminar, 1 Chancery
Lane lawyer Jack Harding said: "This is a complete change of the legal
landscape. Tour operators and travel agents will have to examine what
they're doing very carefully.

"It will no longer be appropriate to take a passive stance and wait for the disabled passenger to inform the operator of his special requests."

If agents fail to provide information, they are potentially guilty of a
criminal offence and could face a fine of up to £5,000.

Greece and Cyprus Travel Centre director Anna Mavroulakis said she was
unaware of the new regulation. "If the client tells us they're disabled we
will make a request on Galileo or advise the tour operator. The new law
should not make too much difference to us but it's something agents should
definitely read up on."

Meanwhile, the first part of the new laws, which came into force in July
this year, prohibits agents, tour operators and airlines from refusing a
booking because of a disability. The only exception to this is on the
grounds of health and safety requirements or if it is physically impossible.

ABTA legal advisor Paula Macfarlane said: "These laws could have a big
impact on agents." At the moment, ABTA provides a checklist for agents
booking disabled passengers but no legislation governs the process.

Make travel websites usable to all

Travel agents and tour operators must ensure their websites are suitable for
the visually impaired.

Partner at legal firm Wragge and Co David Lowe warned agents that websites
had the potential to be discriminatory.

About 81% of websites do not meet the requirements of Disability
Discrimination Act's lowest accessibility standard and levels of adjustments
required by law could be more significant than anticipated, said Lowe.

"Damages are available for injury to feeling and economic loss if website
owners fail to make reasonable adjustments to their websites. It's
worthwhile, as disabled adults in the UK have spending power of £80
billion," said Lowe.

Companies are at more risk if people can only book online or receive a
special online discount, he added.

Source:

http://www.travelweekly.co.uk/Articles/2007/12/06/26101/travel-agencies-warn
ed-over-needs-of-disabled-travellers.html

Collusion: Airlines Warned Not to Bar Disabled

Steve Creedy, Aviation writer for the Australian reports [Editor's note, Article 9 of the UN Convention on the Rights of Persons with Disabilities establishes access to transportation as a right. And Graeme Innes rocks!]:

LOW-COST carriers have been warned not to attempt to cut costs by discriminating against the disabled after two airlines recently sought exemptions from laws designed to grant handicapped travellers equal access to transport.

Singapore-backed Tiger Airways has applied to the Human Rights and Equal Opportunity Commission for an exemption to the Disability Act so it can temporarily refuse to carry some passengers with limited mobility.

It says it needs to do this because it does not have the equipment to get wheelchair-bound [sic] people safely on to its Airbus A320 jets.

Disability groups are also fighting a move by Australia's biggest independent regional carrier, Regional Express (Rex), to introduce restrictions they say will make flying harder for disabled people in the bush.

The Public Interest Advocacy Centre is pursuing court action against Virgin Blue to head off moves to require some people with disabilities to buy a second ticket for a carer if they want to travel.

"It's fine for low-cost or budget airlines to reduce services," human rights commissioner Graeme Innes said yesterday. "But not carrying passengers with disabilities can't be part of those reductions and to do so is against the law.

"As commissioner, I intend to ensure wherever I can that airlines meet their obligations to all passengers, not just passengers without disabilities."

Tiger is offering affected passengers a full refund and says the problem stems from the inability of its third-party ground handler to obtain special hydraulic devices capable of lifting wheelchairs on to planes. It did not expect the lifters to be available at all destinations until the end of February.

Tiger's application comes as a report, due to be released this week by the PIAC, says an analysis of the experiences of 110 airline passengers demonstrates a systemic failure of legislation introduced in 2002 to set standards for disabled access to public transport.

The report finds recent development and application of airline policy, and changes to baggage handling, have made disabled access more difficult, particularly for people with motorised or bigger wheelchairs.

"Some passengers who travelled independently for many years now find themselves barred from travel or facing the imposition of unreasonable conditions," it says.

Source:

The Australian
http://www.theaustralian.news.com.au/story/0,25197,22903033-23349,00.html

Bahia: Turismo Discute a Acessibilidade a Pessoas com Deficiências

A Secretaria de Turismo da Bahia (Setur) e a Bahiatursa querem mostrar que o turismo só tem a ganhar com a aplicabilidade de normas relativas à acessibilidade dos espaços, equipamentos, serviços e informações turísticas. Neste sentido, realizam o Seminário sobre Turismo e Acessibilidade, na próxima quinta-feira (13/12), das 08 às 18 horas, no Salão Xangô do Centro de Convenções da Bahia.

O evento pretende sensibilizar e conscientizar os profissionais do turismo e a sociedade sobre a importância de ações voltadas a pessoas com deficiências, principalmente porque este é um diferencial que pode transformar a Bahia num destino turístico preparado para receber visitantes com os variados tipos e graus de deficiência física.

O seminário é direcionado a profissionais do poder público, do trade turístico e a estudantes das áreas de turismo, educação, comunicação e serviço social, interessados em discutir e compartilhar experiências em turismo inclusivo. Irá trazer ao conhecimento dos participantes práticas de turismo inclusivo que buscam a democratização de acesso aos indivíduos, respeitando suas limitações e dificuldades, integrando-os de forma agradável e sadia em equipamentos e localidades turísticas.

O programa vai abranger a legislação e as ações que devem ser implementadas para a melhoria do atendimento a esse público, focando os problemas que condicionam os cidadãos portadores de deficiência na utilização dos serviços turísticos. Também irá discutir a criação de roteiros turísticos especiais, e a qualificação dos profissionais envolvidos no turismo receptivo, capacitando-os para oferecer um tratamento diferenciado a esta clientela.

Fonte: Cely Barbosa - Decom Redação

DN49: Pack your Bags for Accessible Travel

Recently, Larry Wagner and I spoke on his radio program Disability Nation. We recorded a two-part interview on Inclusive Travel. Part one aired December 6 and is available as a podcast (show DN 49). You will find the show available in various formats at this page at Disability Nation.

Posted: 06 Dec 2007 07:02 PM CST

Each year, people with disabilities in the United States and around the world spend billions on travel and tourism. Insuring that the journey and destination are accessible and meet your needs is a big part of planning for people with disabilities. In this, the first of two episodes examining travel and disability, we will learn more about ways you can make your next trip a better experience.

Hotel rooms that wind up not being accessible, cruise ships without relieving areas for service animals, rental car companies that forget to include the hand controls that you ordered…sometimes, the list of things people with disabilities need to worry about when traveling can seem never ending. Yet, those of us with disabilities spend billions each year on flights, hotel reservations, trips to the resort and on other travel and tourism related expenses.

This episode is the first in a two part series examining issues related to travel and disability. Whether you're traveling to visit family and friends this holiday season or venturing to warmer climates on a much needed vacation, this two-part series will give you the information you need to make your trip a great experience. The shows feature practical tips and advice that you will find helpful as you plan your adventure.

This episode features an interview with Scott Rains. Scott is a seasoned traveler and publishes the Rolling Rains Report, a blog examining issues related to travel, disability and universal design. The blog covers these issues from an international perspective and is published on a daily basis. Scott joins me to discuss how to research accessibility at your destination, how best to make travel arrangements, issues to consider even before you book your trip, and how to resolve problems that you might encounter while traveling. He also shares some of his personal experiences and tricks for increasing the likelihood that your trip will be a success.

DisabilityNation features the latest news from the disability community provided by Dave Reynolds of Inclusion Daily Express. Check out Inclusion Daily to receive email updates featuring news related to disability issues.

Do you have a comment or suggestion for DisabilityNation? To contact DisabilityNation just call 480-302-9300. You can leave a voice message or listen to episodes of the show. You can also contact DisabilityNation by email. Send email to contact@disabilitynation.net

Amar Latif Takes Inclusive Tourism to a New Level with Traveleyes

Recently, I had the opportunity to see firsthand what a skilled interpretive guide like US Parks Department Ranger Lori T. Brosnan can do. I observed her at work as she led National Center on Accessibility staff person Ray Bloom and I through Alcatraz. Her attention to detail and the tactile-based learning opportunities she structured into the tour added a depth to the experience that I had not expected.

That experience gave the following news item a sense of personal connection:

Set up by Amar Latif, Traveleyes aims to provide blind people the experience of world travel by offering trips to both sighted and visually impaired individuals. The visually impaired and sighted travellers’ journey together in a mutual independence, with the sighted traveller acting as the ‘eyes’ for the blind traveller.

The company was established in 2005 and offers holidays in Cuba, Canada, Italy, Spain, America, Africa and Asia. Activities can include sky diving, hiking and kayaking, cookery courses. Latif is also working on a ‘walking with lions’ safari in South Africa for 2008.

Traveleyes also exclusively offers its blind travellers the world’s first accessible electronic versions of the Lonely Planet travel guides

Amar has left a bit of a media trail. Here is a profile at work.Amar was also a member of the Beyond Boundaries tour.

CRPD Toolkits

Michael Guy, Disability Information Manager, Handicap International informed us about a "teaching kit" on the UN Convention on the Rights of Persons with Disabilities.

For more details...

http://www.handicap-international.fr/kit-pedagogique/indexen.html

Jakarta: Disabled People Report on the Perils of Travel

Bunga Sirait contributed the following story to the Jakarta Post:

Ramaditya Adikara, 26, works as a composer for giant video game corporation Nintendo. He does all his work from home, but he goes out a lot and alone for other freelancing jobs. Like many other disabled people who rely on public transportation, Rama, has heart-wrenching stories to tell about being a blind guy cruising the streets of Jakarta.

"I fall from angkot (public minivans) all the time. You would think they would help disabled people. But, even though I use a stick (and it's clear I am disabled), they take no notice of me," Rama said.

Considering the broken sidewalks and pot-hole riddled streets of the city, it is not surprising Rama also said he had tripped countless times.

One time a car actually ran over his stick when he dropped it crossing the street.

"Usually there's someone around to lend a hand, but if it's an empty street, you're on your own," said Rama, who dreams that someday Jakarta will have a guide dog service like the one he used when he lived in Japan for "two wonderful years".

"It's a real dog that goes everywhere with you -- just like a friend. There are certain hand gestures or codes they can understand if we want them to take us to the station, shopping, crossing the street," he said. "The service is provided by the government, free of charge. All you have to do is call and say you need one.

"You should be able to go out alone even if you are blind or confined to a wheelchair. Disabled people need to go to work, to go wherever they want ... It's the government's responsibility to make this city accessible to all," said Ariani Mun'im, the chief of the Indonesian Disabled Women's Association (HWPCI)

Although there are bylaws that regulate accessibility, facilities such as street ramps, rails, audible traffic signals and Braille instructions are extremely limited in Jakarta, moreover in Indonesia.

An accessibility survey in Bandung revealed that only one audible traffic signal was found in the city; and this was possibly the only one in the country.

"So far I would say TransJakarta is the most accessible form of public transportation here. The announcement indicating which stop will be next is quite helpful, and I can tell the officers are trained to handle us, (people with disabilities)," Rama said.

Unlike Rama, Henny Santoso rarely uses public transportation. "I do take buses once in a while. But is was easier back in the days when Jakarta wasn't so crowded," said Henny who is disabled from polio, which she contracted when she was 4.

The champion of the 1995 Paralympic Games in Taiwan for tennis relies on her driver to get around the city.

"I can't imagine going anywhere in Jakarta on one of those buses."

That includes TransJakarta. "It's too much an effort," Henny said.

"People have told me horrible stories about getting on the bus. First, the ramp was too steep and the handrails weren't satisfactory. Even regular people find it hard to get up the ramp, imagine how hard it is for people in wheelchairs," she said.

"The second thing is, you just can't get in. Not every entrance door is wide enough for a wheelchair. That means we need someone to carry us, fold the wheelchair, unfold the wheelchair, and put us back on the seat. Where's the accessibility? We've been told to live independently. Given the circumstances, how can we possibly do that?"

Budi, 29, a former professional swimmer, uses crutches to get around. He remembers his days at art school (IKJ) when he had to take the bus home, but none of the drivers wanted to stop.

"I was lucky I had great friends. If I waited for too long, my friend would stand in the middle of street when the bus was coming so it would stop and I could get in."

Budi believes society has a misperception of disabled people, which breeds discrimination. "People think just because we're disabled, it's difficult for us to find jobs, therefore we don't have money, so we might not be able to pay when we use their service. That's how the chain goes," he said.

"If I wanted to waste my time thinking about how badly people treated us, I'd say we are treated worse than second-class citizens."

Rama echoed what Budi said but expressed hope: "More than the improvement of facilities, what I really hope is that our society can respect and help disabled people, because seeing the condition of our country, it'd be so hard just to depend on the physical facilities.

"Public education is crucial or else the facilities that were made for us will be ineffective."

Henny related her experience in a mall some years ago: "We were looking for a space to park, so we go to where they have this wheelchair sign. It turns out the space is being used by another person who is not disabled, and the parking officer doesn't lift a finger to help. An officer like him is supposed to tell people they have to respect the rules," she said

"Show some sensitivity," Henny added. She remembers the time when she went to see a movie with some friends: "They put us in the very front row. They didn't have any ramps -- hence the front row was our best bet. Nobody ever offered us any assistance on how we could get better seats. So there we go watching the film, heads tilted, with the light streaming onto our faces. "It seems that nobody thinks about how to make things more comfortable for the disabled."

Source:

The Jakarta Post

http://www.thejakartapost.com/detailfeatures.asp?fileid=20071205.V03&irec=2

"Lousã Acessível" no Congresso Internacional de Turismo para Todos – Valência - Espanha (Portuguese)

Respondendo ao apelo da European Network for Accessible Tourism (ENAT), cerca de 200 participantes marcaram presença no Congresso Internacional de Turismo para Todos, realizado na Comunidade de Valência (Oropesa del Mar) nos passados dias 21 a 23 de Novembro de 2007.

A principal finalidade deste encontro organizado pela Fundación ONCE era a de permitir criar um espaço de partilha de experiências (evolução do turismo para todos atentando aos seus impactos sociais e económicos; exposição de boas práticas no âmbito do turismo acessível), confluências de interesses ou vontades e lançamento de novos desafios (considerando as futuras tendências e exigências de um turismo que se quer com cada vez maior qualidade, mas também demonstrando que o Desenho para Todos resulta em vantagens para a generalidade da população).

João Carlos Henriques

No âmbito do projecto "Lousã, Destino Turístico Acessível", a task-force Lousã Acessível enviou quatro dos seus membros (representantes da Câmara Municipal da Lousã, da Provedoria Municipal das Pessoas com Incapacidade da Lousã, Direcção Regional de Economia do Centro e RDPE – Consultora na área de Turismo) a Valência com o objectivo último de estabelecer contactos com entidades internacionais a desenvolver trabalho reconhecido na área da acessibilidade e turismo, mas também para ter acesso a casos de sucesso na criação de destinos turísticos acessíveis que melhor orientassem o trabalho a desenvolver no concelho da Lousã.

O programa foi vasto e contou com a apresentação de contributos importantes em diferentes aspectos. Abordando-se primeiramente as novas tendências e desafios do turismo no futuro, o congresso passou revista a diferentes ângulos da temática da acessibilidade e turismo: turismo como factor de valorização do modelo de negócio; acessibilidade como factor chave de qualidade; desenho para todos em áreas verdes e de sol & mar; tecnologia ao serviço do marketing; normalização, legislação e desenvolvimento do turismo acessível; participação de diferentes grupos de interesse envolvidos na acessibilidade (formadores e projectistas, administração pública, privados e clientes), entre outros.

Mundialmente existe um potencial de mercado crescente associado ao segmento da incapacidade que começa a ser encarado como uma verdadeira oportunidade de negócio por diversos actores do sector. Apesar da maior parte dos destinos turísticos não ir de encontro às necessidades particulares deste segmento de turismo, outros há que souberam desde cedo actuar pró activamente, merecendo actualmente destaque ao nível da acessibilidade turística. Nas conclusões finais foi partilhada a necessidade de uma confluência de legislação dentro da acessibilidade, que deveria dar lugar, em última instância, a uma norma europeia para todos. Da mesma forma, se apontou a carência de formação e de inclusão laboral ao longo da cadeia turística e se reafirmou a importância da aplicação de um "desenho para todos" como elemento desmistificador do tabu acessível. Foi ainda feito um apelo à responsabilização de agentes como a Administração Pública e as Empresas privadas, para as quais é crucial perceber que destinos mais acessíveis são também necessariamente mais sustentáveis, porquanto se trabalha com um segmento que ajuda a contrariar a sazonalidade, regra geral fidelizando-se se encontra as condições/estímulos que lhe permitem usufruir do destino como qualquer outro cliente. É necessário fazer rampas físicas mas também de mentalidades, que levem a considerar que o que não é acessível também não devia ser aceitável.

A participação da task-force Lousã Acessível foi de grande valia para o arranque do projecto Lousã, Destino Turístico Acessível.

Grupo "Lousã Acessível"

Leadership from Lansing with a UD/LEED Project

Peckham Inc. is a nonprofit providing employment and training services in Lansing, Michigan.

The Lansing State Journal reports that the organization is one of the growing number of businesses choosing the complimentary approaches of Universal and Green Design.

"Our old buildings have been cobbled together," said Mitch Tomlinson, Peckham's president and chief executive officer. "For us, it's been fun to start with a blank slate and design something that meets our needs."

The new headquarters is being built with universal design standards, which help ensure accessibility, and should be certified by the Leadership in Energy and Environmental Design program, which rates a project based on its environmental friendliness.

Good design spreads. With the facility located near the Capital City Airport perhaps we will see Universal Design creeping into the design of the airport or sweeping through the hotels in DeWitt or clustered along Saginaw at Highway 96.

Carol Abrahamson on Easy Living

Carol Abrahamson is a prolific writer on home design and remodeling. Fortunately for us she has an eye for accessibility and Universal Design. I won't steal her thunder but rather give you the insiders' tip that she has a helpful post called "Ten Convenience Built-Ins That'll Help Seniors And The Disabled Live Independently."

National Council on Disability

In 2004, the National Council on Disability published Design for Inclusion: Creating a New Marketplace (http://www.ncd.gov/newsroom/publications/2004/online_newmarketplace.htm), a report demonstrating how an accessible society can be accomplished through Universal Design. Universal design is a process to ensure that the built environment, including electronic and information technology, is inclusive, accessible, and usable by everyone, including people with disabilities. Incorporating universal design processes is one solution to accommodating people with disabilities that also improves the usability of the products for the rest of the population.

Event Announcement:

WASHINGTON, Nov. 15 /PRNewswire-USNewswire/ -- The National Council on Disability (NCD) will conduct a panel discussion on accessibility and universal design at the Hyatt Regency Boston, One Avenue de LaFayette, Boston, Massachusetts, on Thursday, November 29, 2007, from 3:00 p.m. until 4:30 p.m.

Speakers include: Marylyn Howe, NCD Board Member Deborah Buck, Association of Assistive Technology Act Programs Larry Goldberg, WGBH Public Television Judy Brewer, Web Accessibility Initiative Valerie Fletcher, Adaptive Environments Their remarks will be followed by a question and answer session.

This panel discussion is part of NCD's quarterly board meeting, which will be held Thursday, November 29, 2007, from 8:30 a.m. until 5:00 p.m.; Friday, November 30 from 8:30 a.m. until 3:45 p.m.; and Saturday, December 1 from 8:15 a.m. until 11:15 a.m.

Public comment sessions will be held Thursday, November 29 from 4:30 p.m. until 5:00 p.m. and on Friday, November 30 from 1:15 p.m. until 1:45 p.m. A toll-free call in line will also be available to the public during those times. The number is 800-369-1120, and the pass code is NCD Council Meeting. There will also be a reception at the hotel for all meeting participants, audience members, and people with disabilities from the community on Thursday afternoon from 5:00 p.m. to 6:30 p.m.

NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. We provide advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that-

(A) guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and (B) empower individuals with disabilities to achieve economic self- sufficiency, independent living, and inclusion and integration into all aspects of society.

To carry out its purposes, NCD believes it is vital to hear from communities around the country on what works and what does not for people with disabilities. NCD members and staff are pleased to have the opportunity to visit Boston and learn firsthand about the experiences of people with disabilities from Massachusetts and the surrounding states.

For more information, please contact NCD's director of communications Mark S. Quigley at mquigley@ncd.gov or by telephone at 202-272-2004.

ENAT Moves Europe to Positive Action on Inclusive Tourism!

Following hot on the heels of the European Network for Accessible Tourism (ENAT)
conference, the European Parliament is registering some action on behalf of travelers with disabilities. Note in particular the emergence of an EC "Tourism for All" label at the same time we are writing the ASEAN standards in Thailand following ICAT 2007.

I was unaware how quickly the Inclusive Tourism scene would mature s I closed my presentation at UNESCAP last week with the following:

The next two years will be a surprise to those in the industry who have not yet prepared their profit-based approach to disability. Some will be asking you to help. You have an opportunity to contribute and to shape the travel industry. That may be with the rights-based emphasis through government, education, or policy. It may on the profit-based side through invention, construction, marketing, or business creation.

Whatever opportunity you choose, take your pride - and your money - on the road. Travel. Teach the industry and level the path for the ones who come after you!

For immediate release:

European Parliament Puts Accessible Tourism on EU Agenda

On 29 November 2007, European Members of Parliament passed a resolution on
a renewed EU Tourism Policy: "Towards a stronger partnership for European
Tourism", calling for Member States to make a united effort to support
Accessible Tourism.

MEPs gave their backing to Italian MEP Paola Costa, who provided a
wide-ranging report on the challenges faced by the European Tourism
sector, and a set of 22 concrete proposals for renewed action.

The keyword which runs throughout the report is "partnership" - for only
by working together, says Paolo Costa, can EU Member States tackle the
fragmented policies and practices which currently frustrate efforts in
the tourism sector.

Accessible Tourism

Actions for the future of accessible tourism in Europe are called for in
six specific paragraphs, declaring that the European Parliament:

"...Welcomes initiatives to coordinate at European level the information
on accessible tourism that would allow tourists with reduced mobility and
their families to find information about the accessibility of tourist
destinations; calls on all Member States, tourism providers and national
and local tourist organisations to join and/or to support this kind of
initiative;

- At the same time, calls on the Commission and the Member States to
consider the feasibility of drawing up a charter of the rights and
obligations of European tourists, in view of the riotous and violent
incidents caused by European tourists in European tourist destinations ,
and also a European code of conduct for tourist businesses;

- Calls on the Commission and the Member States to initialise an "Access
for all " EC label that would guarantee core accessibility facilities for
tourists with reduced mobility and would cover offers such as
accommodation, restaurants, leisure and natural sites, auditoriums,
monuments, museums, etc.;

- Stresses, furthermore, the need to protect, conserve and restore the
European cultural heritage; and calls for more stringent management of
such sites and of the conditions under which they are visited, and for
greater efforts to improve access for people with disabilities, growing
numbers of whom now travel for leisure purposes;

- Calls on the Commission to draft a Communication with an action plan on
the enhancement of such a label based on the work it has already carried
out , on experiences and best practices at national and local level and
taking stock of what has been achieved at EU level in the transport field;

- Notes that the accessibility of tourist destinations is a matter that
also has to do with the transport services provided or available; calls,
therefore, on the Commission, for the purposes of the new European tourism
policy and of developing European transport policy, to take due account of
the accessibility handicap affecting regions with specific natural or
geographical characteristics, such as the outermost regions, island and
mountain regions, and the sparsely populated northernmost regions..."

Moreover, the Parliamentary Report presents no less than twenty-two
suggestions for actions by the Members States, Regional and Local
authorities, including the need to:

"... protect, preserve and restore European cultural heritage assets and
[calls for] more rigorous management of cultural sites and their visiting
arrangements, as well as for greater efforts to improve access for
disabled people, an increasing number of whom are travelling for tourist
purposes..."

Responding to the Tourism Report on the European Day of People with
Disabilities, ENAT Coordinator Ivor Ambrose stated: "We welcome this firm
and forward-looking resolution by the Members of the European Parliament,
as it gives a timely and much-needed message for public authorities and
the tourism industry.

"All parties must work together across national and regional borders to
make accessible tourism a reality, both for European consumers and
international visitors. ENAT's members are ready to play their part in
fulfilling the ambitions that are contained in this resolution."

--

Ivor Ambrose, Coordinator
European Network for Accessible Tourism
c/o EWORX S.A.,
Rodou St., 22
GR-15122 Marousi, Athens
Greece.
Tel. 0030 210 614 8380
Fax. 0030 210 614 8381
E-mail: enat@accessibletourism.org
Web: http://www.accessibletourism.org
SKYPE name: ambroiv

ENAT: The European Network for Accessible Tourism is
a voluntary association of organisations and individuals
from the private, public and NGO sectors. Our mission is
to make European tourism destinations, products and
services accessible to all visitors.
>From December 2007 ENAT will be established as an
international NGO with its head office in Brussels.

A ratificação da Convenção sobre os Direitos das Pessoas com Deficiência (Portuguese)

CARTA ABERTA AO CONGRESSO NACIONAL EM DEFESA DA IMPORTÂNCIA DA RATIFICAÇÃO PELO BRASIL DA CONVENÇÃO SOBRE OS DIREITOS DAS PESSOAS COM DEFICIÊNCIA DA ONU E SEU PROTOCOLO FACULTATIVO
COM QUÓRUM QUALIFICADO

No Dia Internacional das Pessoas com Deficiência, o Conselho Nacional dos Direitos das Pessoas com Deficiência (CONADE), 22 Conselhos Estaduais e 84 Conselhos Municipais representantes de todas as regiões do País, reunidos na Capital Federal no 3o. Encontro Nacional de Conselhos de Direitos da Pessoa com Deficiência de 30 de novembro de 2007 a 03 de dezembro de 2007, aprovaram em Plenária, por unanimidade, a presente correspondência aos Senhores Parlamentares reiterando manifestações anteriores que vem sendo feitas pelo CONADE no mesmo sentido.

PRESIDÊNCIA DA REPÚBLICA
SECRETARIA ESPECIAL DOS DIREITOS HUMANOS
CONSELHO NACIONAL DOS DIREITOS DA PESSOA PORTADORA DE DEFICIÊNCIA
Esplanada dos Ministérios Bloco T, Anexo II do Ministério da Justiça, sala 211
Brasília – DF CEP 70.064-900 Telefone: (61) 3429-9219 / 3429-3673 / Fax: (61) 3429-9967
E-mail: conade@sedh.gov.br Página na internet: www.presidencia.gov.br/sedh/conade

CARTA ABERTA AO CONGRESSO NACIONAL EM DEFESA DA IMPORTÂNCIA DA RATIFICAÇÃO PELO BRASIL DA CONVENÇÃO SOBRE OS DIREITOS DAS PESSOAS COM DEFICIÊNCIA DA ONU E SEU PROTOCOLO FACULTATIVO
COM QUÓRUM QUALIFICADO

No Dia Internacional das Pessoas com Deficiência, o Conselho Nacional dos Direitos das Pessoas com Deficiência (CONADE), 22 Conselhos Estaduais e 84 Conselhos Municipais representantes de todas as regiões do País, reunidos na Capital Federal no 3o. Encontro Nacional de Conselhos de Direitos da Pessoa com Deficiência de 30 de novembro de 2007 a 03 de dezembro de 2007, aprovaram em Plenária, por unanimidade, a presente correspondência aos Senhores Parlamentares reiterando manifestações anteriores que vem sendo feitas pelo CONADE no mesmo sentido.

Trata-se de pleito sobre a ratificação da Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo, que em perfeita harmonia com o que estabelece a Constituição da República Federativa do Brasil, encontram-se na Câmara dos Deputados desde 02 de outubro de 2007, apresentados pelo Poder Executivo pela mensagem MSC 711/2007, assinada pelo Sr. Presidente da República no dia 26 de setembro de 2007 durante a solenidade de lançamento do Programa Direitos de Cidadania das Pessoas com Deficiência.

No dia 23 de novembro de 2007, por ato do presidente da Câmara dos Deputados Sr. Deputado Federal Arlindo Chignaglia, foi criada Comissão Especial, nos termos do art.34, II, do Regimento Interno da Casa Legislativa, para apreciar e proferir parecer à Mensagem nº 711, de 2007, do Poder Executivo, que "submete à consideração do Congresso Nacional o texto da Convenção sobre os Direitos das Pessoas com Deficiência e de seu Protocolo Facultativo, assinados em Nova York, em 30 de março de 2007". Referida Comissão será composta de 17 (dezessete) membros titulares e de igual número de suplentes, mais um titular e um suplente, atendendo ao rodízio entre as bancadas não contempladas, designados de acordo com os §§ 1º e 2º do art. 33 do Regimento Interno.

Como resultado do consenso e reconhecimento da importância desta Convenção e seu Protocolo Facultativo como ferramenta jurídica de proteção e promoção dos direitos humanos das pessoas com deficiência em nível constitucional, o Colégio de Líderes da Câmara dos Deputados se comprometeu a orientar suas bancadas a votarem com quorum qualificado e, no dia 27 de novembro de 2007, requereu, nos termos do art. 155 do Regimento Interno, regime de urgência na apreciação.

Para entrar em vigor no âmbito internacional, é preciso que 20 países ratifiquem e depositem respectivo instrumento na ONU. A Assembléia Geral das Nações Unidas que adotou a Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo completa 1 (um) ano em 13 de dezembro de 2007, tendo já 11 países ratificado seu texto até a presente data. O Estado Brasileiro, em 30 de março de 2007, se comprometeu internacionalmente com o processo de ratificação, o qual ora requeremos. Tendo sido liderança relevante no processo, seria importante que o Brasil ratificasse entre os 20 primeiros, contribuindo para a vigência do tratado de direitos humanos no plano internacional e nacional.

Com intensa participação brasileira, ressaltamos que a Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo são resultado da mobilização e do consenso de organizações da sociedade civil “de” e “para” as pessoas com deficiência, ativistas de direitos humanos, agências internacionais, bem como de todos os Estados – Partes presentes na elaboração dos textos. No Brasil, sua aprovação com status constitucional é unânime.

No mundo inteiro, o que inclue o Brasil, as pessoas com deficiência continuam a enfrentar violações de seus direitos humanos e barreiras contra a sua participação como membros iguais da sociedade. A Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo têm o objetivo de promover, proteger e assegurar o desfrute pleno e eqüitativo de todos os direitos humanos e liberdades fundamentais por parte das pessoas com deficiência.

Para mudar essa situação de violações e aderir aos parâmetros internacionais definidos na Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo como parte de nosso ordenamento jurídico, a ratificação pelo Estado Brasileiro deve ser aprovada pelo Congresso Nacional, nos termos da EC 45/04.

O CONSELHO NACIONAL DOS DIREITOS DA PESSOA COM DEFICIÊNCIA e demais Conselhos Estaduais e Municipais presentes a este Encontro, CONCLAMAM a todos(as) os(as) Senhores(as) Deputados(as) e Senadores(as) que:

• Constituam de fato, no menor prazo possível, a Comissão Especial designada de direito para apreciar a MSC 711/07;

• A Comissão Especial possa apreciar e submeter à votação, em regime de urgência, a Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo; e

• Os Deputados e Senadores possam exercer seu papel de representantes da vontade popular promovendo uma ratificação consciente, com a aprovação em cada Casa do Congresso Nacional, em dois turnos, por três quintos dos votos dos respectivos membros.

No ensejo, para publicizar o compromisso com o processo, solicitamos que os Srs. Parlamentares apoiem a Campanha Assino Inclusão, constituída por uma coalizão de pessoas com deficiência, sociedade civil em geral, organizações não-governamentais, autoridades públicas e acadêmicos, para mobilizar a ratificação da Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo, com quorum qualificado, se inscrevendo no endereço eletrônico www.assinoinclusao.org.br.

Certos de que todas as pessoas com deficiência do Brasil poderão contar com o apoio e o compromisso dos senhores parlamentares para esta ratificação, desde já nos colocamos à disposição de Vs. Exas. para eventuais esclarecimentos.

Brasília/DF, 03 de dezembro de 2007.

Conselho Nacional, Conselhos Estaduais e Conselhos Municipais dos Direitos das Pessoas com Deficiência representantes de todas as regiões do País, presentes no 3o. Encontro Nacional de Conselhos de Direitos da Pessoa com Deficiência

"Does It Makes Sense?" - Dr. Jeanne Beckman's Metric for UD

As Universal Design moves from the Disability Rights Movement to home design and fashion shoes we find ourselves confronted with a delightful dilemma -- competing UD solutions for the same problem. Who would have imagined UD would create such a new "problem?"

Dr. Jeanne Beckman has a common-sense solution that she applies to adaptive equipment in learning environment with. Literally she asks, "Does it make sense?"

You will find her book at Virtual Bookworm and her blog at Dr. Beckman's Family-Friendly DIMS Approach

New Uses for Wheelchair Ramps

Listening to presentations citing the positive secondary effects of wheelchair ramps and Universal Design this week I noticed some similarities. Whether the presenter comes from Turkey, the US, Mongolia, Korea, or the UK the standard justification is that ramps also help "people on bicycles, with shopping carts, and people with prams (strollers)"

Maybe we should add one more type of user to the lift -- Rollerman!! (See frames at -4:52)

JAL Brings Universal Design to its Narita Airport Remodel

On December 18, 2007, JAL will open up new passenger check-in counters at Narita Airport Terminal 2 - the airline’s main international hub – as part of its overall aim of reducing average passenger waiting times by approximately 50% during peak hours. The airline will completely renovate both existing First Class and Executive Class counters. New counters will be established exclusively for the use of the airline’s frequent flyers who are either JAL Global Club (JGC) or JMB Sapphire members. JAL will also unveil brand new Support Counters dedicated to servicing the needs of priority guests, such as passengers with disabilities, passengers traveling with babies or expectant mothers. The improvements will enable JAL to provide its passengers with a more convenient, user-friendly, stress free check-in experience at the airport.

First Class Counters

Using a combination of glass and timber for a warmer, more welcoming atmosphere, JAL’s new First Class counters will be conveniently located in the center of the terminal’s 3rd floor just a short distance from the airline’s Fast Security Lane. Established in June 2006, JAL Fast Security Lane is a security check fastrack lane for only First Class passengers and frequent flyers. The first ever such facility at any of Japan's airports handling international flights.

JGC Counters

JAL will open new JGC Counters exclusively for the use of frequent flyers who are JAL Global Club (JGC) and JMB Sapphire members. The new area will be fitted with 8 Self Check-in Machines (SCM) to help speed up the check-in process. The JAL Fast Security Lane is also within easy reach of the JGC counters.

Executive Class Counters

In addition to the complete renovation of JAL’s Executive Class check-in counters, 12 additional Self Check-in Machines will also be installed.

Support Counters

Support Counters will be established dedicated to servicing the needs of priority guests such as passengers with disabilities, passengers traveling with babies, and expectant mothers.

Based on the principle of Universal Design, counters will be lower, low chairs will be provided, and handrails and walking stick holders will be incorporated to make the new check-in area as user-friendly as possible. Universal Design is an approach to the design of products, services and environments to be usable by as many people as possible regardless of age, ability or situation.

Furthermore, at the counters, passengers will be tended to by specially trained staff, and will also be able to rent baby cars and wheelchairs for use inside the airport.

Improvements to the check-in counters form just one part of JAL’s efforts to strengthen customer service at Narita Airport Terminal 2. On July 19 2007, JAL unveiled two completely revamped JAL First Class and JAL Sakura lounges at the terminal’s main building, both featuring a buffet-style hot meal service, stylish bar-counters, resident professional masseuses, and shower rooms. To reduce customer waiting times at check-in areas, JAL also plans to increase the number of check-in counters from 91 to about 140 later this year; increase the number of Self Check-in Machines (SCM) from 23 to about 70 by spring 2008, and in the future renew all economy class counters and establish e-style check-in areas fitted only with Self Check-in Machines (SCM).

Source: Japan Airlines

For a useful practical guide on air travel see Accessible Air Travel by United Spinal

ENAT: Inclusive Tourism is Big Money

Press release:

At a conference held last week by the European Network for Accessible Tourism (ENAT), over 200 representatives from international disability organisations, tourist boards and private enterprise came to the overwhelming conclusion that accessible tourism is the fastest-growing business opportunity in the tourism industry.

Delegates heard that, according to figures from the European Disability Forum, there are around 50 million people with a disability in Europe. Take into account the fast-growing population over 65 and the fact that people with disabilities rarely travel alone and the market nearly trebles. A recent study by the University of Surrey estimates that 127 million people, or 27% of the EU population, would benefit from accessible tourism, and that this niche industry has an estimated value of 80 billion euros per year. That figure doesn't include pregnant women, families with young children and – vitally – travellers from the US, Australia and the rest of the world.

Not a small niche, says ENAT's co-ordinator Ivor Ambrose, summing up the
conference mood: "Accessible tourism is big money and the market is
growing fast. Partly because we're all getting older. The tourism industry
is realising that open access benefits all customers – it's a competitive
advantage, not just a social or legal responsibility."

The three-day conference was organised by ENAT's Spanish partner Fundación
ONCE and held in Valencia, Spain. Simultaneous Spanish-English
translation, sign language and subtitles allowed 200 members from 22
countries to participate, many of them with a wide range of disabilities
themselves.

More information and conference presentations can be found on the ENAT
website, www.accessibletourism.org.

ENAT is supported by the European Commission DG for Employment, Social
Affairs and Equal Opportunities with the aim of mainstreaming disability
policies in the tourism sector. It is coordinated by EWORX SA, Greece,
with eight international partners from Belgium, Greece, Ireland, Spain,
Sweden and the United Kingdom. Since its launch in May 2006, it has
attracted over 350 members from 43 countries. From January 2008 ENAT will
operate as an International NGO, registered in Belgium. The network is
open to all who support – or want to know more about – accessible tourism.

For more information please contact the ENAT Press Officer Monica Guy on
press@accessibletourism.org or call +33 1 4209 5614.

The 2005 Thai Regulation on Accessibility

For those researching accessibility legislation in Asia the 2005 law on accessibility is available here as a .pdf (Thai).

Download file

Building for a Lifetime

There are some people who should be put out of business. Take the RV Care-A-Vanners group.

Don't get me wrong these folks do fantastic work and some chapters of Habitat for Humanity have learned the value of Universal Design and adopted it. If UD - or at least Visitability - was standard practice then maybe the mn mentioned in this article never would have been seprarted from his family -- and the Browns and Vandevelds could go fishing (or build some new homes instead of doing emergency retrofits.)

http://www.thebrunswicknews.com/open_access/news/290413716283284.php

For more on RV Care-a-Vanners:

http://www.habitat.org/rv/