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PRESENTATION OUTLINE
Article 7 (3) (b) providing that: The State shall promote the development and use of other communication formats and technologies accessible to persons with disabilities. Implementation of rights and fundamental freedoms under Article 21 (3) in the Bill of Rights. All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including persons with disabilities.
CONSTITUTIONAL
Article 27 (4) on equality and freedom from discrimination which provides that: The State shall not discriminate directly or indirectly against any person on any ground, including disability.
Article 54 (1) stating that: A person with any disability is entitled (c) to reasonable access to all places, public transport and information; (d) to use Sign language, Braille or other appropriate means of communication; and (e) to access materials and devices to overcome constraints arising from the persons disability.
CONSTITUTIONAL
Article 260 defining disability thus: disability includes any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long term effect on an individuals ability to carry out ordinary day-to-day activities;
Articles 2 (5) and 2 (6) inviting the application of international legal standards i.e the Convention on the Rights of Persons with Disabilities (CRPD) operates to further constitutionalize accessibility by PWDs. Preamble (v) of CRPD recognizes the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms.
CONT.
Article 18 para 4 of the African Charter on Human and Peoples Rights provides that: The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.
The Persons with Disabilities Act, No. 14 of 2003 generally domesticates the provisions of the CRPD in Kenya. Section 21 provides that Persons with disabilities are entitled to a barrier- free and disability-friendly environment to enable them to have access to buildings, roads and other social amenities, and assistive devices and other equipment to promote their mobility.
CONT.
Section 11 of the Act provides that The Government shall take steps to achiev(e) the full realization of the rights of persons with disabilities.... Section 24 (1) (b) provides for adjustment orders on any services or amenities ordinarily provided to members of the public.
The Global Initiative for Inclusive ICTs (G3ict) defines accessibility as a measure of the extent to which a product or service can be used by a person with a disability as effectively as it can be used by a person without that disability. This means accessibility of ICTs as derived from the Constitution and as ought to be applied within the ICT framework, comprises largely of PWDs
Perception of relevant ICTs; - Understanding relevant ICTs; and - Experience in the operation of ICTs.
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or
equality
provisions
The universal access and service approach The two approaches are generally coexistent in Kenya.
Should the implementation adopt a phased approach or a one off comprehensive implementation?
Regulatory Framework - legal and institutional mechanisms for implementing public policy.
Kenya Information and Communications Act (Cap. 411A), Kenya Information and Communications Regulations Persons With Disabilities Act
Part VIB, ss. 84J 84P establishing the Universal Service Fund administered under Regulation 3 of the Universal Access and Service Regulations, 2010 How far can we tap into the Fund for PWDs? Is USF the ultimate solution?
universal access means access of one hundred percent by a designated population that can obtain, at the minimum, public access to quality and affordable communication systems and services;
THE FRAMEWORK
(3) A licensee shall take such measures as may be prescribed by the Commission to ensure that the requirements and interests of disabled customers are fully addressed.
(4) A licensee shall fulfill any specific obligations that relate to special services or special arrangements for customers with disabilities that the Commission may from time to time impose.
Screen readers for the blind to enable them to access websites and documents Closed captioning for broadcasting for the deaf Video description for broadcasting for the blind Text to speech devices for those with speech impairments to allow for two way communication for inclusive education and work
8 (3) and (4) give the Commission the authority to impose obligations in relation to PWDs under relevant licenses. Does the solution lie here?
Facilitate the establishment of industry codes to accommodate PWDs access to ICTs through assistive technologies Raise consumer and service provider awareness through education and training on accessible ICTs Administering part of the universal service funds for projects on e-accessibility by PWDs
CONT.
Ensure access in times of emergencies for PWDs assistance For its decisions affecting access by PWDs, the regulator (CCK) institutionalizes its terms of engagement with PWDs in line with the Article 54 (2) of the Constitution. Commence a formal adjustment for compliance by licensees as a platform for monitoring, evaluation and enforcement Encourage partnerships in the value chain
CONCLUDING REMARKS
It takes more than the regulator to make it happen state and non-state actors
Government policy gaps, tax incentives, registers for PWDs Service providers integrate the delivery of services Civil society - advocacy
What is the ideal framework that will promote sustained efforts towards the goals? What is the cost for compliance?
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Sometimes the questions are many And complicated But The answers are simple ~~ Dr. Seuss
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Thank you