STANDING COMMITTEE
COMMITTEE ON SOCIAL COHESION

Access to public spaces and amenities for people with disabilities

Rapporteur: Erich HAIDER, Austria
Chamber of regions, political group : SOC

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

EXPLANATORY MEMORANDUM

Executive summary:

Obstacle-free access to public buildings and infrastructures for all is a cornerstone of social inclusion. In recent years, member states have adopted various measures and made a number of commitments to ensure accessibility to public spaces for people with disabilities, whether physical, cognitive or sensory, but results have not met expectations. Those regulations and standards which do exist are not always applied.

While reflecting both the local and regional dimension of the issue of accessibility – understood as the possibility of moving from one place to another, enjoying public facilities and, by extension, using all public services independently – this report is intended to complement the Council of Europe’s 10-year Disability Action Plan designed to make decisive progress in ensuring equal rights for people with disabilities.

The report points out that it is essential that the concept of accessibility and the principle of “universal design” (application of integrative standards and technology to public spaces and amenities to promote more independent living) are incorporated in spatial planning at all levels (local, regional, national).

The report’s recommendations include the promotion of the United Nations Standard Rules and the Council of Europe’s Action Plan, the signature and ratification of relevant legal instruments such as the European Social Charter (revised) and the United Nations Convention on the Rights of Persons with Disabilities, the development of integrated national and regional accessibility policies, the establishment of accessibility mediators at national and local level, financial support for NGOs in the field, a European network for sharing good practice on ways of applying the principle of universal design and local and regional accessibility action plans including the setting-up of regional advisory bodies and local-level committees on access to public amenities and spaces.

CONTENTS

Introduction

I. Historical background and international context: instruments and standards

1.1 A new framework for political action for the integration of people with disabilities
1.2 Entering the 21^st century

II. Organisations representing people with disabilities and local and regional authorities: issues and co-operation

2.1 Scope for co-operation between organisations of people in disability situations and local and regional authorities
2.1.1 Access to buildings
2.1.2 Access to housing
2.1.3 Traffic provisions and transport
2.1.4 Taxis
2.1.5 Alternative transport services
2.1.6 The virtual environment and digital information

2.2 Psychological disabilities

2.3 Forms of co-operation and their organisation

2.3.1 Organising consultation
2.3.2 Examples of good practice and obstacles

III. Conclusion

Recommendations

I. Policies and action plans
II. Organising consultation
III. Standardisation
IV. Awareness-raising, information and training
V. Evaluation and revision

Background documents

Introduction¹

There are many towns and regions in Council of Europe member states where the obstacles encountered by people in disability² situations³, whatever the nature or cause of their disability, have by no means been satisfactorily removed. This observation can, however, be qualified, given that genuine progress has been made in recent years, notably in response to Article 15, paragraph 3, of the European Social Charter (revised) (1996).

Studies by various transport corporations (France) and some governments, such as the Luxembourg government⁴, show that 30 to 35% of our fellow citizens experience temporary mobility problems because of physical (reduced mobility), cognitive or sensory problems, whether as a result of age (the elderly, children in prams), heavy or cumbersome luggage, a temporary problem resulting from a particular physical condition (pregnant women, etc) or a disability.

Given the problems encountered by people with disabilities in moving about, taking part in the community and making use of public spaces and amenities in the same way as anyone else, the Congress of Local and Regional Authorities intends to take action to improve access to such spaces and amenities so that people in disability situations are able to observe significant improvements in their everyday lives as a result of the removal of environmental obstacles.

All the issues raised by the layout of public spaces and amenities and by the practical implementation of appropriate measures are based on the concept of access. The general meaning of this concept is being able to obtain and enjoy all the advantages that go hand in hand with human dignity, in the sense given to this term in the European Convention on Human Rights of the Council of Europe. This means everyone must have the opportunity to choose, participate and become involved.

More precisely, with respect to the various aspects covered in this report, the concept becomes operational through the notion of accessibility. This notion covers the accessibility of places (enabling people to go from one place to another), facilities (enabling them to use all public facilities and amenities) and, by extension, all community services (education, health care, etc).

The Council of Europe⁵ has chosen to define the notion of accessibility by referring to the concept of “universal design”⁶, which reflects the idea that everyone should have the same opportunity to participate in the various activities community life offers. In order for this to be the case, municipalities, towns and all their components (from neighbourhood level to that of the whole community) and the territory making up the region should be planned in such a way that the greatest possible number of people are able to use all public spaces and amenities. Genuine accessibility in municipalities, towns and regions means that everyone should be able to move about and use the different services without special assistance.

The practical implementation of the principles of universal design cannot be separated from efforts to combat all forms of discrimination or from equality, the aim of which is the full exercise of citizenship by everyone, including people with disabilities.

The integration of people with disabilities in the community through the application of the principles of universal accessibility has the effect of improving safety, quality of life and services for everyone. For example, public address systems, written information and colour-coded mapping on buses, the underground and trams provide information not only to people with a sight, hearing or cognitive impairment, but also to children and absent-minded people.

The financial cost of applying the principle of “universal design” to the built environment and transport is often put forward as the greatest obstacle to action. This not insignificant aspect of the accessibility issue can be seen in terms of an investment that contributes to sustainable development and has an impact on both the development of the town or municipality and citizens’ quality of life. For example, making public transport accessible to the greatest number reduces the use of private cars, which helps to decrease pollution and the greenhouse effect.

Another advantage in terms of financial investment is that when people in disability situations can move about without hindrance, they can do a job. They have access to retail outlets and other commercial activities and contribute to economic development, instead of being financially assisted. Similarly, when the built environment⁷ and housing are accessible and enable people in disability situations to live in the community, significant savings can be made on hospitalisation, housing in special units, and so on. Similarly, incorporating accessibility requirements into the building of housing and the renovation of traffic provisions, urban furniture and transport facilities often involves no extra cost or only a modest extra cost in view of the return on the investment that can be expected, particularly in view of the increase in the customer base.

The aim of this report is to take stock of the concepts and practical measures that need to be introduced by all concerned in order to make public spaces and amenities accessible, coherent and problem-free for all members of the public and particularly those in disability situations. The idea is to design municipalities, towns and regions in such a way as to make public spaces accessible to everyone without any discrimination.

I. Historical background and international context: instruments and standards

As early as 1984, as part of the worldwide action called for in connection with the United Nations Decade of Disabled Persons (1982-1992), the Council of Europe embarked upon a major change in its approach to political and social issues concerning people with disabilities, with Resolution AP(84)3 “on a coherent policy for the rehabilitation of people with disabilities”. This resolution abandoned the medical model as a reference and replaced it with what is now called the social model⁸. It marked a watershed between two eras and directed thinking and action towards the implementation of integrated social policies based on access to social, economic, cultural and other rights for people with disabilities.

“Failure to protect the rights of and foster opportunities for disabled citizens is an insult to human dignity and represents a heavy financial burden and … owing to this attitude … many people are allowed to become unnecessarily dependent and incapable of activity that is economically and socially productive; the remedies to this dependence seem often only financial, whereas, in fact, compensatory benefits for the disability are but one aspect of a policy in favour of disabled people”⁹.

In 1991 the First European Conference of Ministers responsible for Integration Policies for People with Disabilities confirmed this shift through Parliamentary Assembly Recommendation 1185 (1992) “on rehabilitation policies for the disabled, stating: “Society has a duty to adapt its standards to the specific needs of people with disabilities in order to ensure that they can lead independent lives”. At the same time, Committee of Ministers Recommendation R(92)6 “on a coherent policy for people with disabilities” gave a definition of handicap that for future decades put the issue of disability firmly in the social sphere, with an approach underpinned by the affirmation that people with disabilities should have access to rights without discrimination¹⁰.
“… handicap depends on the person's relation with his environment. A handicap is evident when such people encounter cultural, material or social obstacles, denying them access to the whole range of services and opportunities available to their fellow citizens. Thus the handicap involves the loss or limitation of scope to participate in community life on an equal footing with others. ... People with disabilities do not form a uniform group of people all needing the same assistance. Definitions and classifications must therefore not have the effect of separating people with disabilities from society or excluding them from the possible steps of rehabilitation and integration, but point to their individual problems and prospects and to ways in which all people with disabilities can gain access to the assistance they need ..”¹¹

1.1 A new framework for political action for the integration of people with disabilities

The end of the United Nations Decade of Disabled Persons saw the publication of Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993). These 22 rules formed the first instrument for framing and formulating policies for action to cater for people with disabilities. Although countries are not bound by them, Sweden used them as the instrument for its local and regional policy for people with disabilities through “Agenda 22”¹².

This new framework for action saw the Council of Europe embark on a revision of the European Social Charter (1961). When the revised version was completed in 1996¹³, it was submitted to states for ratification. In the course of the revision, Article 15 was rewritten and entitled "The right of persons with disabilities to independence, social integration and participation in the life of the community". Three paragraphs in length, this article begins by calling for integrated social policies in the fields of education, guidance and training (paragraph 1), and then covers employment (paragraph 2). It goes on to address the integration of people with disabilities in community life (paragraph 3) in these terms: “The Parties undertake … to promote their full social integration and participation in the life of the community in particular through measures, including technical aids, aiming to overcome barriers to communication and mobility and enabling access to transport, housing and accommodation, cultural activities and leisure.” The third paragraph lends coherence and thrust to the two other paragraphs. It is on this last paragraph that an integrated policy on local and regional accessibility can be based.

1.2 Entering the 21^st century

Between 2000 and 2005 the Committee of Ministers and the Parliamentary Assembly of the Council of Europe took practical steps in pursuit of this new framework for action by adopting a considerable number of recommendations with a practical purpose. For example, the following texts were addressed to member states by the Committee of Ministers: Recommendation Rec(2001)19 on the participation of citizens in local public life; Recommendation Rec(2003)19 on improving access to social rights; Resolution ResAP(2001)3 “Towards full citizenship of persons with disabilities through inclusive new technologies” and Resolution AP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment (“Tomar Resolution”). The Parliamentary Assembly adopted Recommendation 1592 (2003) “Towards full social inclusion of people with disabilities” and Recommendation 1598 (2003) on the protection of sign languages in the member states of the Council of Europe. There was also a series of reports on legislation on discrimination against people with disabilities, discrimination against women with disabilities and access to rights by people with disabilities in Europe.

Resolution AP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment defines “universal design” as follows:
Universal design is “a strategy, which aims to make the design and composition of different environments and products accessible and understandable to, as well as usable by, everyone, to the greatest extent in the most independent and natural manner possible, without the need for adaptation or specialised design solutions.  The intent of the universal design concept is to simplify life for everyone by making the built environment, products, and communications equally accessible, usable and understandable at little or no extra cost. The universal design concept promotes a shift to more emphasis on user-centred design by following a holistic approach and aiming to accommodate the needs of people of all ages, sizes and abilities, including the changes that people experience over their lifespan. Consequently, universal design is a concept that extends beyond the issues of mere accessibility of buildings for people with disabilities and should become an integrated part of architecture, design and planning of the environment.”
The forthcoming report of the Committee of Experts on Universal Design (Accessibility) of the Committee on the Rehabilitation and Integration of People with Disabilities (CD-P-RR), provisionally entitled “Participation in Equal Rights by Achieving Accessibility through Universal Design”, should make a significant contribution to thinking and action on accessibility.
The United Nations and its agencies are now, at the beginning of the 21st century, actively involved in revising the framework for action on policies for people with disabilities. For example, in 2001 the World Health Organization approved the International Classification of Functioning, Disability and Health (ICF), which begins with a new model for understanding disability situations that includes the environment and participation in community life as parameters. In 2003 the United Nations set in motion the drafting of the International Convention on the Rights of Persons with Disabilities, the purpose of which is to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities, and to promote respect for their inherent dignity” (Article 1). According to the current timetable, the Convention should be open for ratification in 2007.
Despite all these measures and the undertakings states have given to bring about accessibility, it has to be acknowledged that many of the expected improvements have yet to materialise. As governments admitted in the context of European Year of People with Disabilities (2003), little has changed in the last twenty years. Where regulations and standards exist, they are not properly applied or in force everywhere.
Faced with this observation and with evidence of equally widespread problems concerning the inclusion of people with disabilities, the Second European Conference of Ministers responsible for Integration Policies for People with Disabilities (Malaga 2003) set a timetable for European policy on disability for the next decade. The aim of the Action Plan that was the direct outcome of the conference is to promote the rights and full participation of people with disabilities in society and to improve their quality of life in the period 2006-2015.
The Action Plan was adopted by the Committee of Ministers in Recommendation (2006)5 and consists of the following 15 key "action lines":
1. Participation in political and public life 2. Participation in cultural life. 3. Information and communication. 4. Education. 5. Employment, vocational guidance and training. 6. The built environment. 7. Transport. 8. Community living. 9. Health. 10. Rehabilitation. 11. Social protection. 12. Legal protection. 13. Protection against violence and abuse. 14. Research and development. 15. Awareness raising.
The Action Plan draws attention to the needs of women and children with disabilities and people with serious disabilities who need a high level of support.
It is a practical instrument designed to introduce viable strategies for bringing about the full participation in society of people with disabilities and the incorporation of disability-related issues in all areas of priority action.
It is a particularly useful instrument for all municipalities, towns and regions in member states seeking to take practical measures to make public spaces and amenities accessible to people with disabilities.

II. Organisations representing people with disabilities and local and regional authorities: issues and co-operation
How are people to be educated, participate in community life and develop and maintain relationships with friends and relatives if they cannot move around and obtain access to all public spaces and amenities?
For people in disability situations, as for the rest of the population, being able to move about, understand and interpret the codes of their environment and the way in which it works, and obtain access to facilities and services open to the public is a fundamental right.
If they are to be fully-fledged citizens on equal terms, it is essential for people with disabilities to be able to live and move around in their environment. In view of the fact that accessibility contributes to the welfare of all citizens, it is particularly important that it should have a place in municipal, town, regional and national planning. There is little point in designing accessible (individual or collective) housing or amenities (accessible public buildings) if the obstacles all too often typical of the various components of the environment (traffic provisions, transport) are not eliminated.
People in disability situations reveal the obstacles encountered by the public at large when they use public spaces and amenities. For this reason, co-ordination between local and regional government departments¹⁴ and organisations of people with disabilities is the cornerstone of participatory cohabitation and will make the actions of each party more effective, for the greater convenience of the public at large.
2.1 Scope for co-operation between organisations of people in disability situations and local and regional authorities
There are a great many areas in which non-governmental organisations of people with disabilities and local and regional authorities co-operate, in particular:

§ buildings and amenities open to the public: town halls and administrative departments (post offices, social services, etc), schools and universities, training premises, hospitals, community centres, day nurseries, multi-purpose halls, as well as shops, banks, places of worship, etc;

§ housing and other accommodation: collective housing, hotels, holiday camps, youth hostels, etc;

§ places of leisure and relaxation: sports centres, swimming pools, beaches, cinemas, theatres, stadiums, restaurants, bars, etc;

§ all the means necessary to enable people in disability situations to move about unhindered: they concern roads, pavements and pedestrian precincts, as well as signs (logos), open spaces, recreational areas and shopping precincts. As an integral part of the built environment, transport is also involved: bus and tram stops, underground and railway stations, taxis, alternative transport services, road and street signs.

Access to means of transport is a prerequisite for unhindered continuity of movement for people in disability situations.
Access to public spaces and amenities concerns architecture and layout generally, as well as the internal and external facilities that are an integral part of buildings (lifts, ramps, etc). The principles on which requirements are based are as follows: 1) everyone can and must have equal access to his or her environment, 2) no divide must be created between the able-bodied and disabled sections of the population. In other words, access to spaces and amenities does not concern people with reduced mobility alone, but the whole population, whether obstacles arise as a result of sensory, physical, psychological or cognitive impairment or age.
On the basis of these two principles, consultation between organisations of people in disability situations and local and regional authorities concerns, in particular, access to buildings and housing, traffic provisions, and access to transport, the virtual environment and digital information.
2.1.1 Access to buildings
In the context of this report, this concerns access to buildings managed by the public sector, for example, museums, post offices, hospitals and historic buildings. Historic buildings are often mentioned as examples demonstrating that accessibility cannot be universal, although there are many examples that show that it is possible to render historic buildings and sites accessible without compromising their architectural and historical integrity¹⁵.
It is essential to lay down standards in this field in order to enable people in disability situations to move around normally, gain access to premises and facilities and find their way around buildings without difficulty.
The conditions of access to buildings for people in disability situations should be the same as for the rest of the population, or at least enable them to enjoy the same quality of use. For example, when flooring is renewed, the areas people move about in should comply with colour and relief rules to help the visually impaired and the elderly. In premises where there are services at counters, everyone should be able to obtain the services provided in appropriate conditions (suitably fitted out counters, interpretation in sign language, etc).
Access to buildings may remain a dead letter for two reasons, however. The first is related to a lack of awareness and involvement on the part of those responsible, the second to the fact that some standards tend to be devised according to “average” or “general” capabilities and thus exclude people with disabilities, children and other groups with temporary or permanent functional impairments.
2.1.2 Access to housing
The concept of the quality of conditions of access also applies to the construction of collective housing, the renovation of buildings, indoor areas where people move about, corridors, lifts, etc. A proportion of housing should, therefore, from the time it is built, be designed to enable people with reduced mobility to move around. Collective housing and the facilities in it should be made accessible¹⁶. It should be possible, for example, to negotiate the entrance, which means that there should be a half-landing on which to rest if the ramp providing access to the building has more than a 4% slope.
When new housing is built, a percentage of units should comply with accessibility requirements. The minimum generally accepted standard for an accessible housing unit covers the kitchen, living-room, bedroom, WC and shower room; everything is designed (door width, height of switches, etc) on the basis of the needs of someone in a wheelchair. It should, for instance, be possible to move between domestic appliances in the kitchen and to turn a wheelchair in the bedroom, WC and shower room.
The concept of adapted areas for moving about also covers setting aside a place where a lift can be installed later, if one is not going to be put in from the start, when putting up new buildings. The fact that the population is ageing is sufficient justification for such a measure.
It should be possible to transform all buildings for use by people in disability situations at little cost. A building that complies with the requirements of “design for all” can be adapted to changing needs with little difficulty. The investment will therefore allow substantial savings to be made as compared with a building that will require considerable, expensive work later on.

2.1.3 Traffic provisions and transport
Unhindered continuity of movement for people in disability situations requires the removal of all obstacles, whether they come from buildings, the layout of public spaces, transport systems or traffic provisions. The result of drawing up separate standards for these various area would inevitably be that some practical problems would persist. If the effort made is not to come to nothing, it is essential to set up ways of co-ordinating the different authorities and services involved¹⁷ in order to make the various standards compatible.

There could therefore be a concerted action plan for universal access to roads, public spaces and amenities involving the various technical departments of the municipality, town and region according to the level of intervention required. In order to avoid as many inconsistencies as possible, non-governmental organisations of people with disabilities and the parties concerned¹⁸ should be involved in devising the action plan from the outset.

One of the purposes of the action plan would be to set a timetable for making all pedestrian precincts and parking areas accessible. For instance, simply scheduling the gradual extension of tactile strips¹⁹ on pavements and special surfaces on the edges of bus and tram stops and underground and railway station platforms considerably improves the safety of the blind and visually impaired.

Similarly, asking telephone companies to make provision for at least one public telephone booth with telephones at different heights in each area, defined according to the population of the neighbourhood, and asking banks and transport companies to place cash and ticket machines at different heights enables people suffering from restricted growth and people in wheelchairs to use those facilities.

By redefining the pedestrian area on pavements it is possible to eliminate obstacles (urban furniture, poorly positioned lampposts, etc). The installation of a sound signal at most traffic lights enables the blind and visually impaired to move around safely.

Surface transport systems (buses, coaches and trams) need to be adapted to enable people in disability situations to travel freely. At the same time, this makes such transport more convenient for everyone. Examples are boards announcing waiting times and traffic information, video-surveillance for the safety of passengers and emergency telephones. This type of adaptation goes hand in hand with repairs to equipment or its scheduled replacement, when the aim should be to facilitate access by people in disability situations. For example, preference will be given to buses with retractable access ramps to cover the space between door and pavement and areas reserved for wheelchairs and pushchairs, and so on. Other examples are notices placed at a height that enables the visually impaired to read them, the renovation or replacement of amenities in such a way as to cater for people requiring adjustments to the layout of bus and tram stops, and the widening and lowering of pavements to facilitate access. The civic-mindedness of motorists is particularly important here.

Where towns have an underground system, the installation of raised tactile strips indicates the proximity of the edge of the platform, and announcing the name of the station at which the train is arriving and providing a sign that can be read on the train enables blind, deaf and absent-minded passengers to get off at the right station. Sound and light signals on each door can indicate that the doors are closing, thus avoiding accidents. Setting up a service providing information (by telephone, for example) on the lack of moving walkways, escalators, lifts and other facilities enables people in disability situations to plan their journeys. Installing ticket barriers wide enough for wheelchairs and pushchairs allows people with disabilities and women with young children to enter the underground easily.

2.1.4 Taxis

Although they are not part of the public transport system, taxis are essential for journeys by people in disability situations and other people with reduced mobility. They are a flexible mode of door-to-door transport. The idea is not to promote and subsidise the transformation of vehicles in order to provide a specialised service, but to encourage the fitting out of a few vehicles by means of minor changes that do not structurally affect the vehicles (rotating front passenger seat, more space between the front and back seats, handles to hold on to). Here again, it is a question of improving the quality of a service for the general public and not only people with reduced mobility.

2.1.5 Alternative transport services

Particularly where it is clearly technically impossible to make transport systems accessible, there should be a special transport system for people whose disabilities prevent their using the ordinary system, despite adaptations.

This alternative transport system for the elderly and people with reduced mobility who cannot use public transport because of their disability should cost of the same as the rest of the transport system. For example, it could be an integral part of the general transport system and duplicate some bus and underground lines that are not accessible with small vehicles (mini-buses) equipped with at least an access ramp and an anchoring system for wheelchairs.

2.1.6 The virtual environment and digital information

At both municipal and regional levels the built environment contains more and more electronic equipment and devices, keypad entry systems, automatic vending, cash and ticket machines and so on. This new technology is a key part of access to the built environment and should help to remove the obstacles encountered by people in disability situations, in particular those with a mental or sensory disability. For example, giving the visually impaired and hard of hearing the possibility of increasing the size of the characters or the volume by simply clicking on a screen considerably facilitates the use of such technology.

At the same time, the professionals working in the various areas in question should be trained in accessibility. This applies to those who work on the built environment, plan public spaces, deal with transport and safety and so on.

2.2 Psychological disabilities

It is important to emphasise that one of the major issues for municipalities, towns and regions is access to public spaces and amenities for people with psychological disabilities²⁰.

Since the 1960s the availability of new treatments has meant that fewer and fewer people with psychopathological problems live in specialised hospitals. In many countries, 90% of them now live in the community. They are often abandoned in towns or find themselves among the homeless.

Setting up reception facilities specially adapted to the disabilities of these people is to some extent the responsibility of the local authorities. Such centres can provide them with the means of renewing contact with the social and health services, which can help them to sort out problems they are unable to deal with on their own. For example, provision can be made for housing allocation schemes or measures to set up special types of accommodation (sheltered accommodation, group housing, etc), especially since such people are unable to go through the usual channels for finding accommodation.

Furthermore, if such people are taken into account when action plans and programmes are drawn up, it can be easier for elected representatives to take decisions in connection with their public-order responsibilities.

2.3 Forms of co-operation and their organisation

Agenda 22²¹, a document adopted by Swedish local authorities in order to facilitate disability policy planning, stresses the need for co-operation among the various parties concerned: central government, regions, municipalities and companies. These are invited to co-operate with organisations representing people with disabilities, in particular in order to draw up a list of needs, integrate disability issues in all future decision-making (in the case of local and regional authorities) and regularly evaluate policies and measures taken.

Accordingly, the involvement of organisations representing people with disabilities should be a prerequisite for all action, and all the parties concerned should be consulted at the earliest possible stage. This will ensure the best possible accessibility. The inevitable result of failing to consult these organisations will be mistakes that eventually generate extra costs for local and regional authorities. These organisations’ skills should be used in needs analysis, planning and the provision and evaluation of services.

In order to be effective, however, consultation needs to be founded on an area-based approach (municipality, town, region). Steps should be taken to ensure that local and regional bodies set up to liaise with organisations representing people in disability situations deal with representatives of all the various types of disability and not only organisations for people with reduced mobility. Accessibility must not be reduced to a single type of need.

The terms of reference of the liaison bodies should be to intervene in all the relevant fields (transport, building, safety, information and communication technology, product safety, health, etc). They could proceed by drawing up action programmes arising directly out of action plans approved by the political authorities. They could also ensure that the various schemes are coherent, set out timetables for work, indicate the funding needed (estimated budget and investment) and provide for evaluation procedures (achievement of the specific objectives and measures set out in the action programme).

The establishment of such liaison bodies concerns all the economic players in the area, in other words, associations of tradespeople and all the professions that need to be aware and informed of the changes and transformations to the environment entailed in making it accessible. The expected benefits of the work, deriving from the fact that people in disability situations will be new consumers with purchasing power, should be emphasised, particularly in dealings with shopkeepers and tradespeople. The best example of this is the elderly, who do not hesitate to go to places that they can get to easily and without tiring as a result of accessibility work.

In Sweden the funding arrangements for the implementation of these policies are based on what is known in that country as the “principle of responsibility and financing”. According to this principle, every sphere of society must take responsibility for its own costs. For example, the extra cost of equipping a ticket machine with a device to increase the size of the characters should be considered as a normal part of the total cost and not only as the extra cost at the accessible ticket-issuing point.

Local and regional authorities can also have a major effect on the implementation of the principles of “universal design” by using their influence to include this and accessibility requirements in invitations to tender and when public works (architecture, roads, transport) and service contracts are awarded. As part of this process, every contract should clearly indicate that the service provider undertakes to avoid any risk of disadvantaging people in disability situations.

The purpose of these consultation processes is above all to prevent work being done that is completely ineffective even though it complies with the regulations. To take a recent example of such a situation, a Paris museum opened in June 2006 has an access ramp more than 160 metres long, some portions of which have a 4% to 5% slope, with only three half-landings. While the slope complies with design standards for a ramp a few metres long, over such a long distance and with so few half-landings this ramp is very difficult for people in manually operated wheelchairs to use, unless they are as fit as athletes. Ease of movement and convenience have not been achieved in this case.

2.3.1 Organising consultation

Consultation can take place on the basis of an open inventory of the actual situation with the goal of taking stock of the services provided and actions taken by the municipality, town or region. At the same time, producing an inventory of the needs of the various groups of people in disability situations will make possible to draw up an action plan. These inventories should be entrusted to joint working groups composed of representatives of the local or regional authorities and non-governmental organisations.

Making an inventory will necessarily reveal a great many needs and different points of view. If all the issues that arise are to be dealt with and the time needed for genuine dialogue is to be taken, the action plan must be part of a programme covering several years.

An action plan adopted by the local authorities, in keeping with regional planning schemes so that it carries all the necessary weight, can take the form of a formal commitment (contract) by a municipality, town or region to the whole population and to non-governmental organisations. For example, in France the Mayors’ Association is committed, along with a group of disabled people's associations, to promoting a Municipal Disability Charter. The Charter, which has now been signed by several towns and can be implemented at municipal or inter-municipal level, aims to make disabled people’s voices heard and to respond to their expectations in all areas of everyday life: information, mobility and transport, access to public places, employment, housing, childhood and education, culture, sport, leisure, life at home and community life.

A second example is the city of Troyes (France), which has made a commitment, on the basis of specific, clearly stated objectives, to putting co-ordinated solutions in place and regularly assessing progress. In particular, the charter Troyes has signed establishes the rules for consultation between the authorities and associations and provides for the frequency of plenary meetings, the conditions for consultations concerning plans, the appointment of a consultative committee and arrangements for setting up an advice bureau in the town. With respect to mobility and transport, it stipulates that public space should be laid out in such a way as to enable people with disabilities to move around, and sets the objectives for each type of public and special transport. It also provides for means of facilitating access to public places and housing, a survey of accessible housing, and measures to make cultural, leisure and tourist facilities - monuments, museums, entertainment venues, sports centres, swimming pools and beaches - accessible. Training for municipal officers in accessibility agendas is also part of the programme.

Another example is the municipality of Radovljica (Slovenia), which has set up a standing committee on disability issues. The task of this advisory body, which is under the authority of the Mayor, is to supervise implementation of the action plan and make proposals. Based on the United Nations Standard Rules and the Agenda 22 principles, the town’s action programme consists of 44 measures grouped under the following headings: information and public awareness; inclusion of disability issues in municipal programmes and policies; improving the environment and removing obstacles (housing, health, support for NGOs, education, etc); access to public buildings (specific facilities); traffic provisions; and information. There is a finance plan for all the measures, enabling these objectives to be achieved.

The fact that certain municipalities, towns and regions are committed to entering into such contracts with non-governmental organisations should not obscure the fact that some measures are not the responsibility of municipalities or towns alone, but also directly concern central government. Indeed, it is central government that should be the driving force in promoting accessibility policies through legislative, regulatory and technical standardisation measures.

2.3.2 Examples of good practice and obstacles

People with disabilities need suitably designed housing, but their homes should not be places they cannot leave because the lift is not suitable, the entrance to the building cannot be used or because unhindered continuity of movement for people in disability situations by means of accessible transport systems is not sufficient in itself. Traffic provisions, unencumbered, broader pavements, suitable parking spaces and access to places open to the public also have to be taken into account.

Photos of some examples

· Facilities

- Telephones at two heights, allowing easy access by people suffering from restricted growth and people in wheelchairs.
- A town hall in which the counter has been placed at a height that allows people in disability situations to be heard with dignity (Photo taken from the CD-P-RR report being prepared on accessibility).

· Traffic provisions

- Parking spaces with a lowered pavement and sufficient room for a wheelchair to be taken out at the side.
- Lowered pavement with tactile strip and sound signal.

- Crossroads in a shopping precinct with completely lowered pavements.
- Insufficiently wide pavement with a lamp post in the middle of it blocking the way.

· Housing

- Block of flats with a suitable access ramp.
- Block of flats with no suitable access, although there is room for a ramp.

· Transport

- Articulated bus with a removable platform enabling people in wheelchairs to board.
- A bar preventing the passage of wheelchairs, and steps too high for people with children or the elderly to get off the bus safely.

· Services

- Cash points, one accessible, the other not.

· Tourism, leisure

- Pictograms indicating the “tourism and disability” seal of approval (France). There are four pictograms: the wheelchair, the faces that tell the mentally disabled where they can find people trained to help them, the crossed-out eye for the blind and visually impaired, and the crossed-out ear for the deaf and hearing-impaired.
- Beach made completely accessible by an inclined plane and a path to the water.

III. Conclusion

If the principle of “universal design” is to be recognised and applied, the living environment of people in disability situations has to be taken into account through action underpinned by the concept of an integrated social policy. The Council of Europe Action Plan for 2006-2015 is a particularly useful tool here for supporting the actions of local and regional authorities.

An integrated social policy designed to provide access to public spaces and amenities for people in disability situations can be achieved only by means of a comprehensive approach to housing, traffic provisions, transport and public amenities. This comprehensive approach involves putting in place measures that enable everyone to study, work, have a social and cultural life and perform the actions of everyday life in the same way as anyone else, without hindrance. People are not handicapped solely because of temporary or permanent impairments, but also because of the environment and society in which they live. It is the community’s responsibility to tackle and remove environmental obstacles.

An accessible environment is an essential factor in the establishment of a society based on equal rights that enables all citizens to lead independent lives.

Building an environment devoid of obstacles and restrictions is something that concerns everyone, not only people with special needs. Since accessibility concerns everyone, it makes for the social integration and participation in the community of people in disability situations.

Local and regional authorities should broach each of the fields mentioned in this report with central government to ensure that the necessary measures are taken and standardisation processes are set in motion, so that they can take action in a coherent and integrated regulatory framework. This may, in particular, entail taking account of Article 15, paragraph 3, of the European Social Charter when drawing up public policies or, where necessary, calling for ratification of the Charter.

Recommendations

In order to enable people in disability situations to live independently and participate fully in all areas of life in society, local and regional authorities can adopt numerous measures to ensure their access to public spaces and amenities on an equal footing.

The recommendations that follow concern three areas: policy and its implementation in the form of action plans, organising consultation of the relevant bodies, and drawing up standards, raising awareness and informing the parties concerned.

I. Policies and action plans

Effective policies and action plans, in other words, those that aim to change the living conditions of the population in general and enable people in disability situations in particular to participate, can be implemented on the basis of the following recommendations:

· Draw up coherent, area-based planning policies at local and regional level that aim to foster access to public spaces and amenities on the basis of the principle of “universal design”. By applying integrated standards and technology to public spaces and amenities, the principle of “universal design” makes it possible to promote independent living and reduce obstacles and barriers in all situations and areas of life.

· Prepare an action plan designed to create a local, inter-municipal and regional area accessible to all members of the public, whatever disability situation individuals may be in, whether temporary or permanent. Everyone should be able to lead an independent life. This means, inter alia, putting in place common minimum accessibility standards, including standards in respect of the new information and communication technologies.

· On the basis of the action plan, establish a master plan covering a number of years, setting the programme for making public spaces and amenities accessible. This should include the financial resources and investment needed to implement the programme. The financing of individual measures is an integral part of the action programme.

· Make sure that the financial support provided to non-governmental organisations representing people in disability situations is effective, so that they can function and operate in a network. Promote the establishment of such organisations where necessary.

· Use the Council of Europe Action Plan "Improving the quality of life of people with disabilities in Europe 2006-2015" as a basis for promoting the rights and full participation of people with disabilities in society, particularly the key action lines: 1. Participation in political and public life. 2. Participation in cultural life. 3. Information and communication. 4. Education. 6. The built environment. 7. Transport. 8. Community living. 9. Health. 15. Awareness raising.

Use the cross-sectoral thrusts of the plan to promote measures to combat all forms of discrimination.

II. Organising consultation

One of the essential factors contributing to the implementation of an integrated social policy – or “mainstreaming” – is co-operation between local/regional authorities and organisations representing people in disability situations. Such consultation could be based on the following recommendations:

· Set up a regional advisory body bringing together local and regional authorities. In this body, non-governmental organisations could have the task of expressing opinions and making recommendations in the various fields - the scheduling of measures for implementation and the preparation of new projects and schemes to renovate facilities and amenities - from the very earliest stages. This advisory body can be the guarantor of the coherence of regional master plans.

· At local level, appoint a committee on access to public spaces and amenities, responsible (in co-ordination with the services concerned) for working on technical guidelines, particularly guidelines concerning unimpeded continuity of movement for people in disability situations (housing, built environment, transport), information and communication. The committee would include representatives of non-governmental organisations. It would see to it that the private bodies providing facilities for the public took account of all aspects of accessibility for people in disability situations.

· Introduce the post of “mediator” at local level. The mediator would be responsible for settling disputes out of court and helping to ensure that readers and professional sign-language interpreters were available and would be the favoured talking partner of local authorities in the event, for instance, of conflicting interests.

· Develop, at regional and inter-regional level, using the local level as a basis, a network for sharing good practice and information concerning the principle of “universal design”. This network should be based on existing bodies and services and include, as soon as they are established, the regional advisory bodies and local committees on access to public spaces and amenities. The network’s task should be to conduct comparative studies and identify innovative practices.

· Add access to public spaces and amenities for people in disability situations to the themes covered in the twinning of towns and regions in different countries for the purposes of co-operation and the sharing of good practice.

· Use the United Nations Standard Rules and the principles and issues set out in Agenda 22 Disability policy planning instructions for local authorities as a basis for organising consultation between local/regional authorities and organisations representing people in disability situations.

III. Standardisation

It is essential to establish standards and references if measures are to be taken to make the built environment, housing and transport more accessible. In many cases central government authorities are responsible for devising such standards. However, at their level of responsibility, local and regional authorities can:

· Use their influence to push for changes in national standards in order to ensure that they meet the needs of constituents in disability situations more effectively.

· Base the drafting of standards for transport, building and information and communication technology on the principles of “universal design”.

· Ensure that accessibility standards are taken into account in the initial stages of the design of public buildings and amenities, or indeed make this compulsory.

· Guarantee participation by people with disabilities in democratic life by ensuring that they enjoy freedom of expression and are able to take part in elections. Local authorities should see to it that buildings (particularly polling stations) are accessible to and easy to use by all people with disabilities, whatever the nature of their disability.

· On the basis of the standards in force, draw up principles for action concerning public spaces and amenities and monitor their application. A great deal of work needs to be done to devise and adopt a single system of signs at local, regional and national level, particularly for people with sensory, cognitive and psychological disabilities. It is essential here to take account of the work already done at European level.

· Use the power and influence of local and regional authorities to ensure that accessibility requirements are systematically included in invitations to tender or when public works and service contracts (architecture, traffic provisions, transport, etc) are allocated. Every contract should clearly indicate that the provider undertakes to avoid any risk of disadvantaging people in disability situations.

· Ensure that all the necessary fire safety measures, including means of evacuating people in disability situations, in places for which the local and regional authorities are responsible, are introduced and applied.

· Take all the measures needed (signs, policing, etc) to put a stop to illegal parking (on pedestrian crossings, pavements, etc) and, more generally, combat the lack of public-spiritedness among motor vehicle owners. Illegal parking is one of the main obstacles to the accessibility of transport facilities and amenities in towns.

· Take all measures needed to ensure that spaces reserved for disabled drivers are respected by all drivers.

IV. Awareness-raising, information and training

Awareness-raising, information and training of the various parties concerned with access for people in disability situations to public spaces and amenities are essential to the successful implementation of any action plan. In order to ensure that people in disability situations fully enjoy their political, economic and social rights and the freedom of choice that goes with them, local and regional authorities can:

· Give top priority to awareness campaigns (posters, local newspapers, etc) to combat negative attitudes towards people with disabilities.

· See that everyone likely to be in contact with people in disability situations (municipal staff, service providers) in whatever field receives training in “universal design” and the obstacles such people face.

· Promote, through information and training, access by people with disabilities to the new information and communication technologies, including the Internet.

· Combat illegal parking through information campaigns and send a strong message to drivers to make them aware of the public-spiritedness expected of them.

· Inform and communicate public information and documentation to people with disabilities without delay, at no extra cost and in appropriate form (Braille, sound recordings, etc).

V. Evaluation and revision

· Introduce means of evaluating, following up and revising the action plan and action programmes.

BACKGROUND DOCUMENTS

Council of Europe

- Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No 5)
- European Social Charter (ETS No 35) and European Social Charter (revised) (ETS No 163)
- Social Cohesion Strategy, adopted by the European Committee for Social Cohesion of the Council of Europe on 12 May 2000
- Recommendation No. R (86) 18 of the Committee of Ministers to member states on the European Charter on Sport for All: Disabled persons
- Recommendation No. R (92) 6 of the Committee of Ministers to member states on a coherent policy for people with disabilities
- Resolution AP (95) 3 on a Charter on the vocational assessment of people with disabilities
- Recommendation No. R (98) 3 of the Committee of Ministers to member states on access to higher education
- Recommendation No. R (98) 9 of the Committee of Ministers to member states on dependence
- Recommendation No. R (99) 4 of the Committee of Ministers to member states on principles concerning the legal protection of incapable adults
- Recommendation Rec(2001)12 of the Committee of Ministers to member states on the adaptation of health care services to the demand for health care and health care services of people in marginal situations
- Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life
- Recommendation Rec(2003)19 of the Committee of Ministers to member states on improving access to social rights
- Recommendation Rec(2004)10 of the Committee of Ministers to member states concerning the protection of the human rights and dignity of persons with mental disorder
- Recommendation Rec(2005)5 of the Committee of Ministers to member states on the rights of children living in residential institutions
- Resolution ResAP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment (“Tomar resolution”)
- Resolution ResAP(2001)3 towards full citizenship of persons with disabilities through inclusive new technologies
- Recommendation 1185 (1992) of the Parliamentary Assembly of the Council of Europe on rehabilitation policies for the disabled
- Recommendation 1592 (2003) of the Parliamentary Assembly of the Council of Europe “Towards full social inclusion of persons with disabilities”
- Recommendation 1598 (2003) of the Parliamentary Assembly of the Council of Europe on the protection of sign languages in the member states of the Council of Europe
- Recommendation 1601 (2003) of the Parliamentary Assembly of the Council of Europe on improving the lot of abandoned children in institutions
- Recommendation 1698 (2005) of the Parliamentary Assembly of the Council of Europe on the rights of children in institutions

Resolution of the Congress of Local and Regional Authorities of the Council of Europe

- Draft resolution CG(13)41 on access to public spaces and amenities for people with disabilities

Declarations of Heads of State and Government

- Final Declaration adopted by the Heads of State and Government of the member states of the Council of Europe, meeting in Strasbourg for the Second Summit of the Council of Europe (October 1997); Final Declaration (Malta Declaration), Council of Europe Conference on Access to Social Rights”, 14 and15 November 2002;

- Final Declaration of Heads of State and Government, May 2005, Warsaw

United Nations and agencies

- United Nations Universal Declaration of Human Rights (1948)
- UN Declaration on the Rights of Disabled Persons (1975)
- UN International Covenant on Economic, Social and Cultural Rights (1966)
- UN International Covenant on Civil and Political Rights (1966)
- UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993)
- International Classification of Functioning, Disability and Health (ICF) (WHO) (2001)
- International Plan of Action on Ageing, adopted by the Second World Assembly on Ageing, Madrid, 8-12 April 2002
- Regional implementation strategy for the international plan of action on ageing (Madrid 2002), adopted by the ministerial conference of the United Nations Economic Commission for Europe, Berlin 11-13 September 2002
- International Convention on the Rights of People with Disabilities (being prepared) (UN)

European Union

- Communication from the Commission on Equality of Opportunity for people with disabilities - A New European Community Disability Strategy (COM(96)406 final).
- Resolution of the Council of the European Union and of the Representatives of the Governments of the Member States adopted at the Council meeting on 20 December 1996 on equality of opportunity for people with disabilities
- Council Recommendation of 4 June 1998 on a parking card for people with disabilities (98/376/EC)

- Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Towards a Barrier Free Europe for People with Disabilities (COM(2000) 284 final)
- Council Decision (2000/750/EC) of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006)
- Council Resolution of 6 February 2003 "eAccessibility" — improving the access of people with disabilities to the knowledge based society (2003/C 39/03)
- Council Resolution of 6 May 2003 on accessibility of cultural infrastructure and cultural activities for people with disabilities (2003/C 134/05)
- Council Resolution of 15 July 2003 on promoting the employment and social integration of people with disabilities (2003/C 175/01)
- Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee and the Committee of the Regions : eAccessibility (COM (2005) 425 final)
- Communication from the Commission to the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the European Year of People with Disabilities 2003 (COM (2005) 486 final)
- Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Situation of disabled people in the enlarged European Union : the European Action Plan 2006-2007 (COM/2005/0604 final)
- Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Equal opportunities for people with disabilities: A European Action Plan (COM(2003) 650 final)

NGOs

- Madrid Declaration: “Non-discrimination plus positive action results in social inclusion” adopted at the European NGO Conference in Madrid in March 2002
- Barcelona Declaration: The City and the Disabled (1995)
- Declaration of the European Social Partners on the employment of people with disabilities (Cologne, May 1999)
- Declaration of the Social Partners for the European Year of People with Disabilities: Promoting equal opportunities and access to employment for people with disabilities (20 January 2003)
- Contribution of the European disability movement to the Council of Europe Second European Conference on disability “From words to deeds”, adopted at the European NGO Forum in Madrid on 8 April 2003.

Council of Europe reports

- Social protection in the European Social Charter (Social Charter Monograph No. 7) , 2nd edition, Council of Europe, Strasbourg 2002
- Access to social rights for people with disabilities in Europe : Council of Europe, Strasbourg, 2003
- Legislation to counter discrimination against persons with disabilities , 2nd edition, Council of Europe, Strasbourg, 2003
- Discrimination against women with disabilities, Council of Europe, Strasbourg 2003
- Community living for people with disabilities in need of a high level of support, Council of Europe, Strasbourg 2004
- A new strategy for social cohesion, European Committee for Social Cohesion, CDCS, Council of Europe, Strasbourg 2004

Other :

- “Agenda 22 – Disability policy planning instructions for local authorities”, The Swedish Co-operative Body of Organizations of Disabled People, Stockholm, 2001. French version : Conseil français des personnes handicapées pour les questions européennes (CFHE)