The Convention on the Rights of Persons with Disabilities (CRPD) and Accessibility

1. The Convention on the Rights of Persons with Disabilities (CRPD) and Accessibility Wendy Porch, Disability Specialist and Education Coordinator Canadian Working Group on HIV and Rehabilitation

2. Workshop Overview • Who is CWGHR? • Intersections between HIV and Disability • What is the Convention on the Rights of Persons with Disabilities? • What Can You Do Make Your Services More Accessible To People With Disabilities?

3. Canadian Working Group on HIV and Rehabilitation • Established in 1998, CWGHR bridges the traditionally separate worlds of HIV, disability and rehabilitation • CWGHR is a national charitable organization aiming to address the complex and fluctuating health and social needs of people living with HIV and other episodic conditions by improving access to rehabilitation care, support and services • Currently working to raise awareness of disability human rights tools in the HIV and other communities

4. Why HIV and Disability? ``If you have a wheelchair and you go to an AIDS service organization and the first thing you see are all these flight of stairs, you are immediately discouraged. Secondly, HIV testing and counseling services are supposed to be confidential. But if you’re deaf and you go into this service, you have to go with someone who can interpret for you, which takes away the confidentiality part. So in the end, people don’t turn up.” Winstone Zulu HIV/AIDS and tuberculosis activist, Zambia

5. HIV and Disability • People with disabilities are more vulnerable to HIV and less likely to have access to prevention and education programs • Impairments/disabilities can result from HIV and/or ART, for example arthritis, some types of cancer, neuropathy, cognitive issues

6. Disability and HIV • Persons with disabilities may be excluded or turned away from HIV education forums or programmes • Low literacy and a lack of accessible formats makes it difficult to get prevention and treatment knowledge • Confidentiality is difficult for persons with disabilities, • In settings with limited access to ART, persons with disabilities considered a low priority for treatment • Negative drug interactions Adapted from UNAIDS, CWGHR HIV, Disability and Mental Health: What are the links? January 2012

7. What are the Commonalities? • Stigma and discrimination • Difficulties finding/keeping employment • Interactions with social assistance/benefits systems, poverty • Interactions with health care and social service systems that are not designed to see overlaps in categories • Lack of power/lack of choice in health care

8. Supporting Human Rights for All • HIV and Disability communities share many human right related barriers. • We can share human rights tools to ensure that we all live free from discrimination and as part of an inclusive community. Figure 1 The three dimensions of the HIV-disability field evolving over time. Hanass-Hancock J. & Nixon S.A. The fields of HIV and disability: past, present and future. Int AIDS Society 2009; 12:28

9. CRPD Background The Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty that identifies the rights of persons with disabilities as well as the obligations on States Parties to the Convention to promote, protect and ensure those rights a framework for governments and communities to make rights a reality Dec 13, 2006 – CRPD formally adopted by the UN General Assembly May 3, 2008 – entered into force (after first 20 ratifications) To date, 153 signatories (countries) and 117 ratifications (UN Enable) Canada ratified the CRPD on March 11, 2010 9

10. About the CRPD Purpose of the CRPD - to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. 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 on an equal basis with others. (article 1) http://www2.ohchr.org/english/law/disabilities-convention.htm UN Enable http://www.un.org/disabilities/countries.asp?id=166 10

11. How does the CRPD define disability? A cross disability approach (e) Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others (taken from the preamble) 11

12. How is the CRPD different from other human rights conventions? Does not set out new human rights (i.e. that are not already included in other human rights documents) but is a legally binding treaty (i.e. with legal obligations) that compels signatories to implement strategies to promote and protect the rights as outlined in the CRPD. 12

13. Some key human rights identifiedinthe CRPD Identified Rights include but not limited to: Education Personal safety Life, liberty and security of person Equality before the law without discrimination Work / employment Health Freedom from cruelty, exploitation, violence, abuse and torture Housing - For the full list, refer to the CRPD 13

14. Responsibilities of States Parties Some key areas identified in the CRPD (not the full list) • adopt legislation and administrative measures to promote the human rights of persons with disabilities and abolish discrimination; • ensure that the public sector, private sector and individuals respect the rights of persons with disabilities; • promote training on the rights and responsibilities as outlined in the CRPD to professionals and staff who work with persons with disabilities; • consult with and involve persons with disabilities in developing and implementing legislation and policies and in decision-making processes that concern them. 14

15. Two Key Accessibility Concepts in the CRPD • “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. "Universal design" shall not exclude assistive devices for particular groups of persons with disabilities where this is needed. • "Reasonable accommodation" means necessary and appropriate modification 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 on an equal basis with others of all human rights and fundamental freedoms;

16. What Can HIV Organisations do to Make Your Services More Accessible To People With Disabilities?

17. Cartoons throughout by John Callahan

18. Accessibility Legislation • The specifics of local legislative accessibility requirements will depend on local laws • Have utilised some elements of the Accessibility for Ontarians with Disabilities Act (AODA) structure to organize thinking about accessibility provision in this presentation • It is a local law but can provide a useful structure for thinking about breaking down the various areas in making your services accessible and represents examples of good practices

19. Underlying Principles • Dignity – can the person maintain dignity • Independence- can the person act without the need for assistance • Integration – can the person access the same services in the same place and in similar way to others • Equal Opportunity-does the person have he same opportunity to benefit from the goods/services as others

20. Develop a Customer/Client Service Plan • Think about Communication capacity • Consider Assistive Devices • Allow service animals • Welcome support persons • Let customers/clients know when accessible services aren’t available • Invite customers/clients to provide feedback

21. Top Tip: Communication • If you are unsure ask clients with disabilities how they would prefer the communication be conducted • Everyone is different and preferences may vary • Electronic documents in text or Word often a good option

22. Top Tip: Assistive Devices • Broadly defined- scooters, wheelchairs, cane, laptop with assistive technology software • Do a ‘walk through’ yourself, watch out for narrow spaces, cords, obstructed walkways • Provide access to plugs for laptops and note-takers • Don’t touch people’s assistive devices unless asked ex. scooters and wheelchairs.

23. Top Tip: Service Animals • Are allowed anywhere there are not other restrictions against their presence • Do you have any spaces where they would be restricted i.e. food preparation areas? Find alternatives • Remember - service animals are working and can be distracted if you pet them

24. Top Tips: Support People • Can be a formal ‘attendant’ (employed to provide support) or can be a friend or family member • If you must charge a fee for a support person make sure this information is provided publicly in advance • Don’t speak to the attendant, speak to the person they are supporting

25. Top Tips: Service Disruption • If services are to be interrupted, especially accessible services (i.e. bathroom), let people know in advance. • Put a notice up on your website, add something to your voicemail, tell people when they call.

26. Top Tip: Feedback • Ensure that you have a way for people to provide feedback on the accessibility of your service provision. • Make sure the feedback system is accessible too! Some automated feedback systems on websites are not accessible.

27. Employment Accessibility • Make people aware if you have accommodation policies and can provide accommodations • Think about Individual Accommodation Plans and/or Return to Work Plans • Make sure for employees who might require assistance in the event of an emergency that there is a plan in place and they are aware of it

28. Transportation Accessibility • Ask transportation to develop accessibility plans • Ask transportation providers to consider practices that do not charge a person living with a disability extra for the same trip at same time of day as a non-disabled person or a surcharge for stowing wheelchairs etc.

29. Information Technology Standard • Websites, brochures, flyers, invoices, order forms, feedback forms, etc • If information is provided electronically, web accessibility required – that means your web site too! • People with disabilities may request ‘alternate formats’ (reasonable accommodation)

30. How Technology Makes a Difference… • E-Text: People who are blind previously had to learn Braille in order to read or write • Skype Video: People who are deaf don’t have to rely on TTY phones to communicate in public spaces

31. Assistive Technologies • Voice recognition, e.g. Dragon Dictate, Via Voice • Range of keyboards and mice • Kurzweil, Let’s Read • On-screen keyboards • Switch equipment • Screen readers, e.g. Jaws, Hal, • WindowEyes Braille displays • DAISY • OCR software • The PEARL • Screen magnifiers, e.g. ZoomText, SuperNova • Browser, OS settings for colour and/or font

32. What is Web Accessibility? • It means making your web site in such a way that people with disabilities using these technologies can access it. • Standards to follow: Web Content Accessibility Guidelines 2.0http://www.w3.org/WAI/

33. How Can You Check your Website for Accessibility? • Free web accessibility checkers • AChecker http://achecker.ca/checker/index.php • WAVE http://wave.webaim.org/ • PDF Checker http://accessibility.egovmon.no/en/pdfcheck/

34. Other Alternate Formats-Braille • Braille: Used by people who are blind and have learned it (not everyone!), system of raised dots. • How to get it: • Canadian Braille Press http://canadianbraillepress.com/index.html • Elsewhere try National Associations for People who are Blind for advice

35. Alternate Formats – Large Print • This can be made yourself using Word and zooming up the text size. • Sometimes reverse colour contrast helps

36. Alternate Formats- Electronic Document • Many people can access well formatted Word documents. • Use the heading settings in Word to assign heading levels (Heading One is highest, heading two is next down in importance) • Detailed guidance can be found here: http://adod.idrc.ocad.ca/

37. The Built Environment From Don't Worry, He Won't Get Far on Foot, by John Callahan

38. Built Environment • Building accessibility resources: • Facility Accessibility Design Standards by the City of London (Canada) (free to use if requested) http://www.london.ca/d.aspx?s=/Accessibility/accessibilitystandards.htm • Checklist provided as handout • Try municipalities or city governments for local guidance

39. Complaints and Resources How you file a complaint based on disability discrimination is specific to where you live and your local laws, but in general if you are looking for support try: • Disability organizations • Human right’s offices and organizations • Government offices for persons with disabilities i.e. in Canada: Federal Office for Disability Issues • Government representatives • Human Rights Watch www.hrw.org • Disabled Persons International www.dpi.org • Handicapped International www.handicap- international.org

40. Questions? Wendy Porch wporch@hivandrehab.ca 416-513-0440 x240