Tipperary Centre for Independent Living Ltd.

Universal Access  

This is a new concept that is just beginning to become accepted terminology.  However, because of the newness of the concept, no definition has yet been accepted either nationally or internationally.  That is one of the main problem area's when looking at this concept, but can  it also mean that it is a major bonus in that we can generate our own philosophy and definition.

When we look around at the world today it has become very small.  When we look at the progress that has been made in many area's we can appreciate how things have improved for the general population. However, everything is relative and the improvements that have we are different.

Jim Casey, John O Dwyer, Mervin Taylor TD. Minister for Equality, John Kenan Chairman Thurlas UCD

That is the main reason why we need to have the concept of Universal Access accepted at all levels, local, regional, national and international, by the entire population and particularly by the decision makers.

Here in Ireland, we do have a rather strange legal situation brought about because of the judgement of the Supreme Court on the 1997 Equal Status Bill.  To paraphrase the judgement, it means that property owner's rights are more important than the right of access to or equality for the people with disabilities.  This ruling on Bunracht na hEireann by the Supreme Court means that we, in Ireland, have to either have an amendment to Article 40.1 of our Constitution or else address the ideals of access in a manner that is innovative does not take the least line of resistance to the Supreme Court judgement.  This has not been the case thus far.  I will return to this theme at a later stage in this short presentation.

So what can be covered by the term Universal Access.  As I stated earlier, because of the almost green field situation in which this is being developed, the area is wide open to interpretation.  We will then look at how the concept of Universal Access can improve your quality of life and what, if any, benefits to the wider  community can accrue if the concept is properly implemented.  I will ask you to relate this ideal to everyday life in the townland, village  or town that you live in and from that see where the quality of your life could be immeasurably better.

I will give some idea's to you on what could be covered by the term Universal Access.  These should not be taken as definitive but only as a guideline to the discussions that will take place.  I would like to spend a moment or two to look at some of the international obligations that we, as a country, have signed up to and are supposedly committed to enshrining in legislation.  Ireland, as a country, is somewhat unique in its Constitution. The Constitution debars the country from putting international  treaties,  covenants, directives etc. into Irish law.  To insert these into laws  means that the Oireachtas has to pass Irish legislation to that effect.

Ireland has signed up to and ratified a large number of these international documents.  From a disability perspective foremost amongst those would be the Universal Declaration on Human Rights, The European Convention on Human Rights, UN Covenant on Social, Cultural and Economic Rights, UN International Covenant on Civil and Political Rights, The United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities, The UN Convention on the Rights of the Child and  of course the Amsterdam Treaty.

Many of these demand that Ireland report on a regular basis.  I am ashamed to admit at times that we have failed to meet our obligations. When we have we have taken a governmental or civil service viewpoint, and have not included the views of representative organisations.    Engrained  in Article 18 of the UN Standard Rules is  the right to a represented viewpoint.   We must do all in our power to ensure the Irish Government  responds positively to the extremely critical commentaries on reports that have been furnished to date.

As the Amsterdam Treaty was accepted by the Irish people in a referendum put to them in 1998,  I will concentrate on a couple of salient points set out in that treaty .  This treaty sets out many items, among these are freedom of movement for all EU citizens and a non-discrimination clause.  Indeed the Irish Government played a very active role in the insertion of a non-discrimination clause in the Treaty, its just a pity that it does not play such an active role at home in the non discrimination fields.

I put it to you, that not in 1 of the 15 member states of the EU has the goal of Universal Access been achieved.  Therefore we must bring forward a co-ordinated strategy to ensure that Universal Access is an item on the European Union political agenda.  We must strive for European legislation to ensure our access.  Free movement of people implies that disabled people have the same facilities as other European citizens.  Differences among member states concerning accessibility measures are hindering this free movement for many disabled people.  We must strive for a decent and proper standard thus ensuring that our mobility is not going to be impaired but that we can easily go to any of the 15 EU member states and have freedom to move.  

So many reports have been written on access that they could probably fill every room in this building.  Different terminology has been used including , Design for all, Barrier free design, Access for all, Inclusive design etc. etc so we must strive for an overall term.  In looking at the scale of Universal Access which means for all, we must not forget that sometimes adaptations will be necessary for a particular group and therefore these special facilities will not be neglected.   We must also remember that with the advent of new technology, people with  more significant disabilities will be mobile and therefore whatever standards we bring forward must include facilities for them. We believe that people should work on Universal Access on a limited number of principles.

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