[A2k] Dan Pescod: Right to read

[Manon Ress]

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From: "Pescod, Dan" <Dan.Pescod@rnib.org.uk>
Date: May 6, 2009 9:47:56 AM EDT
To: <a2k-admin@lists.essential.org>
Subject: Right to read

Hi all,

I don=92t post very often here, but just thought on behalf of the World
Blind Union that I might clarify something that came up yesterday.

Paul Lehto yesterday posted to say : "Seeking treaty rights without at
all times saying in effect "this is just spelling out existing rights
for officials too ignorant to figure this out" is going down the wrong
road, and going down the wrong road on one's knees, as it were."

I think I agree this needs to be made explicit, though I might not
tell the officials in question that they are ignorant!

WBU is indeed using the WIPO treaty proposal to spell out existing
rights, rather than in effect creating new rights.
Interestingly, there was debate at one time about whether the UN
Convention on the Rights of Persons with Disabilities (CRPD) itself
was needed. The argument there was that it would only rehash human
rights that already existed. It was finally agreed that the CRPD does
NOT confer new rights on disabled people that the rest of us do not
have in other human rights conventions. However, it was deemed
necessary to proceed with that treaty because it allows society to
understand HOW it must adjust to fully meet the already existent
rights of millions of disabled people.

The WIPO treaty proposal would in turn create a mechanism to
facilitate the enjoyment of basic human rights spelled out in the CRPD
in the specific area of access to published works. We regularly allude
to this being a way to meet existing rights with the slogan "right to
read". In effect, the right to read does already exist in law in the
CRPD - see especially Article 21 (also Article 9). I=92ve posted
extracts of these at the end of this note.

I hope that helps.

Dan

"Article 21 Freedom of expression and opinion, and access to information

States Parties shall take all appropriate measures to ensure that
persons with disabilities can exercise the right to freedom of
expression and opinion, including the freedom to seek, receive and
impart information and ideas on an equal basis with others and through
all forms of communication of their choice, as defined in article 2 of
the present Convention, including by:

a) Providing information intended for the general public to persons
with disabilities in accessible formats and technologies appropriate
to different kinds of disabilities in a timely manner and without
additional cost;

b) Accepting and facilitating the use of sign languages, Braille,
augmentative and alternative communication, and all other accessible
means, modes and formats of communication of their choice by persons
with disabilities in official interactions;

c) Urging private entities that provide services to the general
public, including through the Internet, to provide information and
services in accessible and usable formats for persons with disabilities;

d) Encouraging the mass media, including providers of information
through the Internet, to make their services accessible to persons
with disabilities;

e) Recognizing and promoting the use of sign languages."


Furthermore, Article 30, Participation in cultural life, recreation,
leisure and sport, states among other things:

"1. States Parties recognize the right of persons with disabilities to
take part on an equal basis with others in cultural life, and shall
take all appropriate measures to ensure that persons with disabilities:

a) Enjoy access to cultural materials in accessible formats;

3. States Parties shall take all appropriate steps, in accordance with
international law, to ensure that laws protecting intellectual
property rights do not constitute an unreasonable or discriminatory
barrier to access by persons with disabilities to cultural materials."


Dan



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Manon Ress
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Knowledge Ecology International
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