UN Route towards relay services throughout the world

Geneva, 25 November 2011

UN Route towards relay services throughout the world

Christopher FG JonesCo-Convenor JCA-AHF

ITU-T Workshop on“Telecommunications relay services for persons

with disabilities ”

(Geneva, 25 November 2011)

Geneva, 25 November 2011 2


UNCRPD

United Nations Convention on the Rights of Persons with

Disabilities.


Article 9 – Accessibility To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, ……

3Geneva, 25 November 2011


……to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. …….



These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: b. Information, communications and other services, including electronic services and emergency services.



2. States Parties shall also take appropriate measures to:a. Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; ……



b. Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities; ……..



g. Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;



It is clear from the above sections of the convention that relates to the provision of relay services by the state. Which states have ratified the UNCRPD?Do these states have relay services?

9


It is clear from the above sections of the convention that relates to the provision of relay services by the state. Which states have ratified the UNCRPD?There are 2 levels of ratification:-Convention and Protocol



There are:-153 signatories to the Convention90 signatories to the Optional Protocol106 ratifications of the Convention63 ratifications of the ProtocolThe following are examples of which countries are involved with UNCRPD.



The following is a sample of countries represented by this audience such as Estonia, Poland and Nigeria.



Country Convention Signed

Protocol Signed

Convention Ratified

Protocol Ratified

Australia Y Y Y

Canada Y Y

Denmark Y Y

Estonia Y

Finland Y Y

France Y Y Y Y

Germany Y Y Y Y

Japan Y

Lebanon Y Y

Nigeria Y Y Y Y

South Africa

Y Y Y Y

Sweden Y Y Y Y

UK Y Y Y Y

USA Y13


Even countries that have ratified the UNCRPD do NOT have the FULL range of relay services. Are they breaking the convention?

Example the UK has only ONE relay service even though she has ratified both the convention and the protocol.



How easy is it to campaign for relay services?

Unfortunately it is not easy as some of us have experienced like in the UK where we have been campaigning since 2003!



There is a need for deaf organizations to consolidate and campaign with one voice!This is crucial to any campaign that both the regulator and the government receive the SAME message with one UNIFIED voice!Examples are:



In the UK, United Kingdom Council of Deafness, an umbrella body recently sent a letter to the Minister consisting of 56 signatories by the CEOs of different deaf organizations.In the USA, even with their prescriptive legislation relating to relay services, they are still campaigning for improved access!



In the USA, in spite of their prescriptive legislation relating to relay services. Several different petitions have been sent to the FCC for better and improved access to the telephone.



This has been led by the NAD – National Associaton of the Deaf together with signatories from the CEOs of many organizations of the deaf through the US. These include Hearing Loss Association of America and TDI.



In Australia, the Deaf Telecommunications Access Networking which grew out of Telecommunications Access Sub-committee (TASC) which have been campaigning since 1986!



It is obvious that in these exemplar countries, deaf people have been campaigning for a VERY LONG time.

It will be even harder for those countries who have no relay services, to start campaigning.



How can the UNCRPD help with the provision of relay services in any country that have ratified the convention?

Simple answer to that question is?



No one knows!

Why?

No deaf person or a deaf organization globally has

petitioned under the UNCRPD currently!

Why is this so? 23Geneva, 25 November 2011


It is a COSTLY route that an individual or a voluntary organization do not have the required funds to put forward a petition to the UN.NB:- the following is not to be taken as legal advice as I am not a lawyer!. Please seek your own legal advice!



To carry out an UN petition, one needs to ensure that ALL domestic remedies have been EXHAUSTED. This is best done by a barrister or equivalent who will scrutinize each national and/or federal law to seek potential remedy. If all of this fails then you have exhausted all domestic remedies then you are eligible for a petition to the UN.



Victims – it is an unfortunate word that the UN uses for their petition procedure! Generally it is a good idea to collate a number of victims who have had restricted or no access to the telephone. It is imperative that each victim is interviewed INDEPENDENTLY by a reputable marketing organisation to produce a report.



To conclude, would the UN route towards relay services throughout the world work?

As not one individual and/or organization has brought forward a petition. We do not know if this will work!



What is stopping them?

Educational?

Legal costs?

Who knows?



References:-http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx http://www2.ohchr.org/english/law/disabilities-op.htm

Christopher FG JonesEmail:- [email protected] 29Geneva, 25 November 2011

http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx

http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx

http://www2.ohchr.org/english/law/disabilities-op.htm

http://www2.ohchr.org/english/law/disabilities-op.htm

mailto:[email protected]

Health & Medicine

UN Route towards relay services throughout the world