Meeting of Council of Europe Ad Hoc Committee of Experts on the Rights of Persons with Disabilities (CAHDPH)

Round-table II: Access to justice, sports and universal design for persons with disabilities

28 September 2017 | Strasbourg

Presentation by Rodolfo Cattani

Member of the Executive Committee of the European Disability Forum (EDF)

Universal Design

About the European Disability Forum (EDF)

• The European Disability Forum (EDF) is an independent Non-Governmental Organisation (NGO) that defends the rights of 80 million people with disabilities in Europe.

• EDF is a unique platform which brings together organisations of persons with disabilities from across Europe. It is run by persons with disabilities and their families: a strong voice of and for people with disabilities in Europe.

• The mission of EDF is to ensure that persons with disabilities have full access to fundamental and human rights through their active involvement in the development and implementation of European policies concerning them.

• EDF is a founding member of the International Disability Alliance (IDA).

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Optional Protocol were adopted on 13 December 2006 by consensus of the General Assembly of the United Nations (UN). On 30 March 2007, the CRPD and the Optional Protocol were opened for signature at UN Headquarters in New York. Today, 173 countries  and the European Union  are States Parties to the CRPD.

The UNCRPD is the fundamental human rights treaty  which sets out the universal rights of persons with disabilities. Its purpose is 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. In the context of the CRPD persons with disabilities are 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. The Convention has introduced a holistic and consistent human rights-based approach to address civil, political, economic, social and cultural barriers faced by persons with disabilities.

The Convention states the human-rights model of disability and mandates the removal of all the socially constructed barriers which are the main cause of social exclusion of persons with disabilities, by meant of structures that favour their full participation in society and proactive measures aiming to create  inclusive communities.

Ratification is legally binding and obliges States Parties to make sure that all existing and future legislative and administrative measures are in conformity with its principles.

* Article 2 . Definitions of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) states that 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.”

* Article 4 “General obligations” of the UNCRPD  at point 1(f) states that States Parties have  “[…] to undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines”.

Among the general obligations of States Parties to the Convention set out in article 4, I would like to underline paragraph 3:

"In the development and implementation of legislation and policies to implement the present Convention and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organisations."

* The concept of Universal Design (Design for All, in Europe) was developed in 1997 by a working group of architects, product designers, engineers and environmental design researchers in the North Carolina State University.

* There are 7 principles intended to regulate the design of environments, products and communications, evaluate existing designs, guide the design process and educate both designers and consumers about the characteristics of more usable and accessible products and environments.

* The 7 Principles are:

o Equitable use. The design is useful and marketable to people with diverse abilities.

o Flexibility in use. The design accommodates a wide range of individual preferences and abilities.

o Simple and intuitive use. Use of the design is easy to understand, regardless of the user's experience, knowledge, language skills, or current concentration level.

o Perceptible information. The design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities.

o Tolerance for error. The design minimizes hazards and the adverse consequences of accidental or unintended actions.

o Low physical effort. The design can be used efficiently and comfortably and with a minimum of fatigue.

o Size and space for approach and use. Appropriate size and space is provided for approach, reach, manipulation, and use regardless of user's body size, posture, or mobility.  

Universal Design should incorporate a two level approach:

1) User-Aware Design: pushing the boundaries of 'mainstream' products, services and environments to include as many people as possible.

2) Customisable Design: design to minimise the difficulties of adaptation to particular users.

With both levels in mind, it can also be helpful to view universal design at a micro and macro level.

A single design feature or a simple product, designed so that it can be used by as many people as possible.

At this level, the designer is not expected to find one design solution that accommodates the needs of 100% of the population, as Universal Design is not one size fits all. Rather, designers are urged to explore design solutions that are more inclusive; those designs that push the boundaries as far out as possible without compromising the integrity or quality of the product.

If more than one option is available for a design feature, choose the more inclusive feature. For example, when installing a handle on a door, it is always better to opt for a lever handle, rather than a door knob, as the lever handle can be opened using the elbow or a closed fist, benefiting people carrying shopping bags as well as people with limited strength in their hands. Viewing Universal Design at the Macro Level

At this level the designer has the opportunity to combine accessible and usable design features, with customisable or adaptable features, alongside more specialised design solutions that deal with the most extreme usability issues (see levels 1-3 above).

By stepping back from the individual features and looking at the product, service or environment as a whole, designers are in a position to investigate alternatives providing equivalent experiences to users.

Examples include a user-friendly website that meets web accessibility initiative's (wai) web content accessibility guidelines 2.0 (wcag 2.0), has a customisable user interface, and is compatible with assistive technologies

The case for making our society more universally accessible and usable to all is a compelling one on many fronts. Universal Design proposes a progressive and evolving approach to the development of inclusive environments that can be accessed, understood and used to the greatest extent possible. Not only does Universal Design make good business sense, it also has many compelling social and legal drivers.

* Benefits to the Individual

* Benefits to Society

* Business Benefits

* Legislation and Standards

Benefits to the Individual from Universal Design

The human-centred approach to design that Universal Design supports is user-friendly and convenient, but is also respectful of user dignity, rights and privacy.

The degree of difficulty that people experience when using a product, service or environment can vary, such as:

* A person who has no significant problems but who would appreciate a well-designed accessible and usable product, service or environment;

* A person who has little difficulty with all features;

* A person who has difficulty with some features;

* A person who has trouble with most features;

* A person who is unable to use the product at all.

The degree of personal benefit will vary accordingly. Therefore, if a product, service or environment is well designed, with accessibility and usability in mind, all of the people in the categories above will benefit.

The age-distribution of the world's population is changing dramatically. People are living longer as a result of medical developments in the last century and healthier lifestyle changes.

The following key statistics show some the demographic changes expected in the first half of the 21st century:

* A child born today has a 50 percent chance of surviving to over 80 years of age.

* By 2021, it is predicted that 15 percent of the irish population will be over the age of 65.

* By 2021, the number of people over 80 years of age will have increased by two-thirds.

* By 2050 it is estimated that there will only be two 18-64 year olds for every one person over 65 in Ireland, in comparison to six for every one at present.

Within the coming decades in Europe and Ireland, the number of people who are available and capable of assisting and caring for older people will decrease considerably.

The number of people living with physical, sensory, mental health or intellectual impairments is increasing, as is the life expectancy of people with particularly severe or multiple impairments.

Universal Design creates inclusive design solutions and promotes accessibility and usability, allowing people with all levels of ability to live independently. The ability of a person to remain as independent as possible can be influenced by how accessible and usable products, services and environments are. Factors that promote independent living, such as universal design, have a key role to play in dealing with this global phenomenon.

A Universal Design approach therefore requires an appreciation of the varied abilities of every person and to design in such a way that the resulting product, service or environment can be used by everyone regardless of age, size, ability or disability.

In this technological age, the skills required to participate in society are becoming increasingly complex. As each technological innovation is adopted the risks to people who do not adopt of being excluded from accessing a whole range of financial, state, social or cultural services or amenities increases. Technology is increasingly embedded into the built environment and products so that the lines of what is specifically product, ict or building design have become blurred.

In order to facilitate people with differing abilities, of differing ages and sizes within society, systems and building must be designed with the user at the centre of the design process. A universally designed environment promotes equality and makes life easier and safer for everyone.

The benefits to business of adopting a universal design approach vary from increases in potential markets to increased customer satisfaction.

Universal Design aims to provide a design which is accessible to, usable by and appealing to as many people as possible. One implication of this is an increase in the market reach. Not only could a product, service or environment become available to a higher number of potential customers, but also to a wider range of potential customers as well.

Standards and guidelines provide practical guidance on how to comply with legislation. The specifications and minimum requirements provided in standards and guidelines often include accessibility and usability recommendations. So, with regard to the design of a product, service or environment, Universal Design is an approach that not only promotes compliance, but has much wider potential for improving accessibility and usability, beyond the minimum requirements enforced by law.

There is, therefore, an intrinsic link between Universal Design and accessibility for persons with disabilities. However, universal design is not only crucial to make products, services and facilities accessible for persons with disabilities, it can also be useful for everyone as it increases the usability for many other people. In short, we can say that Universal Design truly acknowledges human diversity.

Differently from what happens with accessibility, given the aspirational objective of its principles, Universal Design cannot be mandated in legislation. However, EDF is currently working along with the European standards organisations (ESOs) to develop a European standard on Design for All, which will set out requirements and recommendations for any kind of organisation to achieve accessibility following a Design for All approach. Currently, we are at the final steps of the Commission mandate EN473. The draft European standard (EN) “Accessibility following the Design for All approach in products, goods and services – extending the range of users, which is now open for public commenting and vote by national standard bodies, if adopted by ESOs, will be crucial in the field of public procurement as the basis for the award selection criteria; so public authorities will be able to select bidders which respect the Design for All approach. This approach is what we have to advocate for toward industry players, public administrators and policy makers to establish a vision and a mission to promote accessibility, to involve users during the development phase to check and follow the available accessibility standards, etc.      

We hope that this European standard will be widely used and public authorities will use it as an award criterion for public contracts, so that the number of organisations and companies with a Design for All approach will increase so contributing to a more user-friendly, sustainable and inclusive society.

Contact person at the European Disability Forum (EDF):

Alejandro Moledo

New technologies & innovation officer
European Disability Forum | nothing about us without us
tel +32 2 282 46 05 | skype edf.alejandro.moledo
[email protected] - www.edf-feph.org