Technical Control of Construction
New Dublin Criminal Courts Building – Denying Human Rights !
2011-04-07: The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is an issue, right here and now, for Architects in Ireland … and the Irish Built Environment, whoever designs, constructs, operates or manages it … not because this country has, or has not, ratified the Convention … but because the European Union has ratified this Convention ! And as we have all witnessed, on countless times since the early 1970′s … it has required a big stick from Europe to drag Ireland’s social legislation into the modern era.
UN CRPD Article 13 – Access to Justice
1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
Last week … from Monday, 28 March 2011 … until Thursday, 31 March 2011 … I attended as a Juror at the New Criminal Courts of Justice Building, which is located at the Main Gate to the Phoenix Park in Dublin … near the junction between Parkgate Street and Infirmary Road.
I was very curious to experience this new building as an ordinary user. However, I was not at all happy at the outcome … the accessibility performance was so inadequate.
In the case of this new building, it is clear that the Irish State has failed – is failing – to comply with Article 13 of the UN Convention on the Rights of Persons with Disabilities … and is thus denying a basic human right to many people in our society.
Colour photograph showing the Main Entrance to the New Criminal Courts of Justice Building in Dublin, with entrance steps in the foreground. Photograph taken by CJ Walsh. 2011-03-30. Click to enlarge.
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Post Occupation Evaluation (POE) is not a well-known architectural concept among architects … and even when it is known, it is not the most favoured. This subject has, in my direct experience, been treated with light-hearted frivolity in 8 Merrion Square, Dublin ! Afterall, who wants to meet the failures of their cherished designs head-on … up-front and in their faces ?? To some architects, successes never seem to count as being of equal, or more, importance. But, they are both a vital tool in continuous learning.
POE, however, is a crucial part of work as a practicing architect. It is essential to feed previous design failures and successes … and ‘real’ information about building user/occupant behaviour … back into new projects ! This is ‘real’ CPD (Continuing Professional Development) in action … and a serious issue which is completely overlooked in the Royal Institute of the Architects of Ireland’s current approach to CPD !!
The reason so much of the built environment … so many buildings … is/are so inaccessible for many people … is not because designers have something against people with activity limitations … it is because designers just do not want human beings … anybody … to enter and use their buildings. People are so messy … and they always want to do silly things with a building which were never planned … or they want to change things around, spoiling ‘the design’ … etc., etc., etc.
This problem begins back in the architectural schools, and becomes a deeper problem on the professional practice courses organized by professional institutes … here, and in other countries. POE and building user/occupant behaviour is not covered … at all ! Can you believe that ?? I still can’t.
Tyranny of the Plan is another architectural concept. I will try to explain it this way. Take the photograph above. Why, for example, are there no handrails on the right hand side … the major part … of those steps ? Because of that Tyranny of the Plan Drawing ! It looked ‘right’ … beautiful, almost sexy … just to have handrails on that part of the steps leading from the main front doors … design movement was continued and controlled. This is not the same as people movement.
On Sunday morning last, I measured those steps myself … (riser) 150 mm in height x (going) 300 mm in depth … (2 x riser) + (1 x going) = 600 mm … ideal dimensions for steps inside a building … but not the most convenient, comfortable or safe dimensions for steps outside a building.
Handrails are definitely required throughout the full extent of the steps ! But, that would have looked very sloppy on the plan drawing. Now, however, take a closer look at those steps … looking down from above … and just imagine that you are a frail, older person and your sight may not be the greatest … that you are visually impaired in some manner …
Colour photograph showing details of the steps, handrails and tactile ground surface indicators at the Main Entrance to the New Criminal Courts of Justice Building in Dublin, Ireland. Photograph taken by CJ Walsh. 2011-03-30. Click to enlarge.
The wrong type of tactile ground surface information is being given at the top and bottom of the steps … we would like to warn users of the hazard they are approaching, i.e. the steps, by using a ‘blister’ surface indicator … not direct them to turn left or right when they perceive those continuous ‘corduroy’ ridges. The horizontal handrail extensions at the top and bottom of the short flight of steps are insufficiently long. There is inadequate visual contrast at all of the step nosings (i.e. the leading top edges) which would have helped people to accurately locate those edges. And, as already referred to above, the step dimensions could have been greatly improved with a slight adjustment … for example, (riser) 125 mm in height x (going) 350 mm in depth … (2 x riser) + (1 x going) = 600 mm … much better altogether for steps outside a building ! Compare and contrast with the many Japanese photographs shown in earlier posts. There is no comparison ! This is sloppy work in Dublin.
Mies van der Rohe (1886-1969), the Master German Architect, is often quoted as having said: “God is in the details”. Right on, Ludwig … ride ‘em cowboy !!!
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For security reasons, it was not possible to take any photographs inside the building. However, it was abundantly clear that accessibility for people with activity limitations, generally, was inadequate. While some small account had been taken of the needs of people using wheelchairs … people with a visual impairment would have a very difficult time using this building. Furthermore, when it came to the ‘swearing-in’ of Jurors at Court No.7, circulation was incredibly confined and restricted … I was having to squeeze myself forward in order to be ‘processed’. What a mess !
This was an unacceptable and very disappointing example of poor, misguided and minimalist accessibility implementation … making an ironclad case for effective independent verification of Accessibility Performance, as required by the United Nations Convention on the Rights of Persons with Disabilities … at the end of the design stage in a project, and especially during the actual process of construction … to ensure that an ‘informed’ design intention becomes reality.
UN CRPD Article 33 – National Implementation & Monitoring
1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a co-ordination mechanism within government to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
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And that is not the end of the story ! When construction of a building has been completed and it is then occupied, Competent Building Management is critical in maintaining an initial level of good accessibility performance throughout the life cycle of that building. Once again, however, the management of this building was sloppy … take a bow, the Courts Service of Ireland !
Symptoms of Larger Problems … Two Short Little Anecdotes …
a) Unheeded Building Evacuation Warning
In the middle of Roll Call, on the first morning that I attended as a Juror, a Voiced Stand-By Building Evacuation Warning was announced over the building’s public address system. It was explained that there had been ‘an incident’. That’s all … no other information was given. This announcement was repeated again, and again, and again. It then stopped, momentarily, and then started again. It finally ended.
During the announcements … we all looked around … there were at least 150 people in the room … then looked at each other, shrugged our shoulders and smiled. We at least thought that the person in charge of the Roll Call would be in a position to quickly find out what was going on … but no, she also shrugged her shoulders and carried on calling out names.
Afterwards, I asked one of the many ushers what had happened … was it a serious incident ? He didn’t know, and just stated that ushers are generally told nothing.
This is entirely unacceptable ! Are clowns managing the New Criminal Courts of Justice Building in Dublin ??
b) Disrespectful ‘Swearing-In’ of Jurors
An Information Leaflet, produced by the Courts Service back in January 2010, entitled: ‘Attending for Jury Service’ … contains the following Introduction …
Jury Service is an important civic duty. It is a vital part of our criminal justice system. You must arrive on time to ensure trials are not delayed. To assist you we have prepared this leaflet which includes a map to guide you to (the) jury assembly area of the Criminal Courts of Justice.
Concerning ‘Swearing-In a Jury’ … it is stated in the Leaflet …
The court registrar calls out your name and asks you to take an oath on the Holy Book of your choice, or you may affirm.
From the beginning, nobody was informed about these options. On the final morning, when I was selected to be a Juror, the only Holy Book which was placed in front of Jurors was the Christian Bible. No other Holy Book was visible. Everyone was being processed in one way … without any consideration or respect for their dignity as an individual person.
With all of the stress of these occasions, and the formalities involved … the ‘Swearing-In’ Judge was even wearing a wig (I thought that those days were long gone !) … it would be all too easy for people … ‘automatically’, almost by reflex action, and not wanting to make a fuss … to go through a ‘standard’ processing procedure, which for them had little or no meaning. Is that the intended purpose of ‘Swearing-In’ ??
It may have escaped the attention of the Courts Service that Ireland is now a pluralist and richly varied multi-cultural society. Some people are religious, others are not … some people are Christians, others are Moslems, Jews or Buddhists, etc., etc … whatever !
A range of Holy Books must be visible to all Jurors … and they must all be informed about the option of ‘Affirming’ … before ‘Swearing-In’ commences !
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Recent Terenure Terraced Housing Fires – Party Wall Failures !!
2011-04-06: Further to my earlier Post, dated 11 November 2010 … specifically, the photographs in that Post which showed that there was NO Fire and Smoke Separation between a house and its neighbouring property … and my statement that those photographs “could have been taken in almost any house, anywhere in the country” … so widespread is this problem …
On Friday afternoon last, 1 April 2011 … fire spread through a long terrace of houses in the Dublin City Suburbs of Terenure. Luckily, no one was killed … but it was reported that some people were injured, including a firefighter. This was very far from being an April Fool’s Day Joke for the owners and occupants of the buildings. The fire losses for everyone concerned, both direct and indirect, were enormous … and will continue to increase for quite some time.
The unsustainable losses to society, waste of valuable resources and environmental damage … will never be quantified and will remain unknown …
Colour photograph showing the cordoned-off scene in the aftermath of the fires at a Terrace of Housing in Terenure, Dublin City. In the foreground, Gardaí are keeping a watchful eye. Photograph taken by CJ Walsh. 2011-04-04. Click to enlarge.
I will make no comment here about the fires, how they started, or any of the people involved on the day of the fire.
Colour photograph showing the Detail of a Party Wall ... the wall separating one property from another ... in the aftermath of the fires at a Terrace of Housing in Terenure, Dublin. Photograph taken by CJ Walsh. 2011-04-04. Click to enlarge.
What I can say, with clarity and precision, is that the Party Walls between the different properties utterly failed to perform, i.e. to provide adequate Fire Separation between those properties … in other words, to resist the passage of heat, smoke and flame from one side of the Party Wall to the other … both during the fire, and for a minimum period afterwards … during the ‘cooling phase’.
I was shocked at how these fires spread through the long terrace … but I was not surprised !
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Why has this serious problem with our housing stock been allowed to fester for so long ???
Most of the Answer lies not in the Relevant Functional Requirements of Part B of the Irish Building Regulations … but in this Diagram 13 below, which is contained in Technical Guidance Document B (2006): ‘Fire Safety’. The details shown are technically incompetent, and will NOT work in a ‘real’ fire incident. The reference to Paragraph 3.2.5.10 at the top right hand corner of the diagram is an error … the reference should be to Paragraph 3.2.5.11: ‘Junction of Compartment Wall and Roof’.
Black and white graphic image showing part of Diagram 13: 'Junction of Compartment Wall with Roof' ... in Irish Building Regulations Technical Guidance Document B: 'Fire Safety'. These details are technically incompetent. Click to enlarge.
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Status of the Guidance Text in Ireland’s TGD B: ‘Fire Safety’
‘ The materials, methods of construction, standards and other specifications (including technical specifications) which are referred to in this document are those which are likely to be suitable for the purposes of the Regulations. Where works are carried out in accordance with the guidance in this document, this will, prima facie, indicate compliance with Part B of the Second Schedule of the Building Regulations. However, the adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with.’ [Page 2 of Technical Guidance Document B]
It is of critical importance to know and understand that Guidance Text in the Irish Technical Guidance Documents is NOT prescriptive regulation, and it is NOT ‘deemed-to-satisfy’. All of the Technical Guidance Documents contain errors … they are not infallible documents … and, with sufficient time, technical guidance becomes outdated and inadequate. This is routine, and to be expected.
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Similar Details to those in Diagram 13 above, which are shown in the various editions of the HomeBond House Building Manual, are equally incompetent. Furthermore, before the First Edition of the Manual was ever published in the early 1990′s … I stated this fact, very directly, to the individual having responsibility for leading the Manual Project.
And furthermore … Similar Details, which are contained in Diagram 11 of the British (England & Wales) Building Regulations Approved Document B (2006): ‘Fire Safety’ … Volume 1 – Dwellinghouses, are just as incompetent as the Irish details. This is compellingly relevant, at the present time, since word on the jungle drums is very strongly indicating that our Department of the Environment, Heritage & Local Government (DEHLG) is seriously considering a major updating of Ireland’s Technical Guidance Document B. And just give one guess where they will go for the model template ??!!?? Ah, go on … go on … go on … go on … guess !!!
The Rest of the Answer can be put down to the Poor Technical Skills of Designers, Bad Workmanship on Site, building with Materials and Products which are not ‘Fit for their Intended Use’ … and an Inadequate National System of Local Authority and/or Independent Technical Control.
Check out the Party Walls in your Attic Roof Spaces today !!
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WTC Building 7 – Fire-Induced Progressive Collapse on 9-11 !
2011-03-30: I like cryptic … because it can be very energy-efficient ! This was a serious ‘real’ fire incident, and an extensive post-event investigation took place …
Colour photograph showing the 47 Storey Building 7 in the World Trade Center Complex, New York ... before 9-11 (11 September 2001).
In August 2008 … the National Institute of Standards & Technology (USA) issued NIST NCSTAR 1A: ‘Final Report on the Collapse of World Trade Center Building 7′. A copy of the report can be downloaded from this Page on our Corporate WebSite … http://www.sustainable-design.ie/fire/structdesfire.htm
” Had WTC 7 been expressly designed for prevention of fire-induced progressive collapse, it would have been sufficiently robust to withstand local failure due to the fires without suffering total collapse.” [Page 58, 2008 NIST NCSTAR 1A]
Contained within Chapter 5 of that 2008 Report are 13 Recommendations (A-M) …
NIST NCSTAR 1A Recommendation A
NIST recommends that: (1) Progressive Collapse be prevented in buildings through the development and widespread adoption of consensus standards and code provisions, along with the decision support tools and design guidelines needed for their use in practice ;
Colour photograph showing the smouldering ruins of WTC Building 7, which had collapsed late on the afternoon of 9-11 (11 September 2001) ... a dramatic, full-scale demonstration of Fire-Induced Progressive Collapse.
I have written before about ‘Fire-Induced Progressive Collapse’ and a CIB W14 International Innovation & Research Project, which I lead. See the adjoining dedicated Page on this Blog … http://www.cjwalsh.ie/progressive-collapse-fire/ … for the background information.
Phase II of that project is examining …
- Gaps in our current understanding and practice of Structural Fire Engineering ;
- Institutional Barriers delaying the international response to NIST Recommendation A above ;
- A Rational Route Forward to meet that complex Technical Challenge.
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CIB W14 Commission Meeting in Paris, France – 11 April 2011
C.J. Walsh Research Project Presentation
Phase II: ‘Structural Reliability & Fire-Induced Progressive Collapse’
Click the Link Above to read and/or download PDF File (1.7 Mb)
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The CIB W14 International Innovation & Research Project’s Route Forward is as follows …
1. Mainstream the Language, Practices, Procedures and Design Methodologies of Fire Science & Engineering … so that other design disciplines can appreciate that Ethical Fire Science & Engineering also has a sound, modern, rational and empirical basis. [CIB W14 Task]
2. Raise awareness about the primacy, and encourage the wide acceptance, of Fire Serviceability Limit States in Structural Fire Engineering … and the universal requirement that buildings must resist Fire-Induced Progressive Collapse and, in addition, also resist Disproportionate Damage. [CIB W14 WG IV Task]
3. Indicate the need for, and foster the development of, innovative Thermal Insulation Structural Fire Protection Systems which are durable, can resist mechanical damage in ambient and fire conditions, and can be properly shown to be ‘fit for their intended life-cycle use’. [Industry Task]
4. In steel construction … depending on its location in a building and having designed sufficiently robust connections for fire conditions … show why, where and how Thermal Insulation must now be used to maintain a Lower Temperature in the Steel … in order to ensure that its deformations (+/- deflection, expansion and distortion, etc.) remain within design parameters … both during the fire and, for a minimum period afterwards, during the ‘cooling phase’. [CIB W14 WG IV Task]
5. Encourage the development of Fire Engineering Design Guidelines for new and existing buildings, along with the Decision Support Tools needed for their use in practice … to support #2 and #4 above. And propose how Existing Code/Regulation Provisions and Standards should be suitably updated and revised. [International Fire Science & Engineering Community Task]
Colour graphic presenting an overview of the 9-11 (11 September 2001) Incident at the World Trade Center Complex, in New York.
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‘Accessibility-for-All’ – Post EU Ratification of the 2006 UN CRPD
2011-02-28: Further to my posts, dated 15 January 2011 and 5 February 2011 …
There is an easy way to understand the 2006 United Nations Convention on the Rights of Persons with Disabilities (CRPD), which was ratified by the European Union (EU) just before Christmas Day 2010:
For a sizeable group of vulnerable people in all of our societies, the sole route of access to many, if not most, of the Human and Social Rights set down in the 1948 Universal Declaration of Human Rights (UDHR) … is the UN CRPD … which only became an International Legal Instrument on 3 May 2008 … just short of 60 Years after the UDHR was adopted on 10 December 1948 !
That is precisely why Accessibility is such a critical component of the 2006 UN Convention … which has already been described, here, as a ‘Mixed Agreement’ (see the post of 5 February 2011).
Accessibility is the principal, common ingredient in ‘fields that fall in part within the competence of the European Union, in part within that of the Member States and in part within the shared competence of the EU and its Member States’. Accessibility has an impact … and always will have an impact … on all of these fields.
Policy and Decision Makers at every level within the European Union and the EU Member States would need to become accustomed to this new concept very, very quickly.
It is also essential, therefore, for the EU and the Member States to closely co-operate in implementing legislation which stems from the UN CRPD in a coherent manner … and to ensure unity in the international representation of the Union.
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APPROACHING THE TASK OF ACCESSIBILITY IMPLEMENTATION
1. Establishing an Initial Framework …
Exactly how should we make sense of … bring order and assign priorities to … the Accessibility-related Articles in the UN Convention … using the different terms ‘Accessibility’ and ‘Accessibility-for-All’ … ‘People/Persons with Disabilities’ and ‘People with Activity Limitations’ (2001 WHO ICF) … in relation to the different components of the Human Environment, i.e. the Built, Social, Virtual and Economic Environments ???
Our recommendation … SDI’s Recommendation … is to refer, in the first instance, to this ‘Accessibility-for-All’ Matrix … which we developed a few years ago … in preparation for this crucial period of implementation …
Colour image showing Sustainable Design International's 'Accessibility-for-All' Matrix. The Goal is a Sustainable Human Environment which is Accessible-for-All. Click to enlarge.
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If we then drill down … in order to fully understand ‘Accessibility of a Building’, for example … this then comprises:
- Approach to the building ;
- Entry through principal entrance(s) ;
- Health, Safety, Convenience & Comfort in Use, including thermal comfort, indoor air quality, protection from fire, etc ;
- Egress from the building (during normal conditions) ;
- Removal from the vicinity of the building (during normal conditions) ;
and
- Evacuation from the building (during, for example, a fire emergency) ;
- Safe Movement to a ‘place of safety’ (during, for example, a fire emergency), which is remote from the building ;
and
- Each stage of a Work Process, at every level, in places of work ;
- Use of Electronic, Information & Communication Technologies (EICT’s) ;
and
- Management, Services, and Attitudes of People in the building ;
- Recruitment, Employment, Training & Promotion Practices.
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2. Overlaying UN CRPD Article 9 – Accessibility …
Onto the Initial Framework outlined above … overlay Article 9 … and crosscheck in detail. Note well the strong language used … ‘States Parties shall’ … and do not forget that this is not a Wish List … but a clear delineation of the Scope of an Important Human and Social Right which now has a proper basis in both International and European Union Law !
1. 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, 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:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces ;
(b) Information, communications and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures:
(a) To 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) To 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 ;
(c) To provide training for stakeholders on accessibility issues facing persons with disabilities ;
(d) To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms ;
(e) To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public ;
(f) To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information ;
(g) To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet ;
(h) To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.
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So … what is the situation in the Member States of the European Union ?
In an upcoming post … let’s take Ireland as a case in point, just for the hell of it … and discuss some of the consequences … stemming from the EU’s ratification of the UN CRPD … on the operation of the Building Regulations and Disability Access Certificates (DAC’s).
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Personal Ethics – The Heart of Sustainability Implementation !
2011-02-15 …
Regular visitors, here, will have very little doubt about my understanding of Sustainable Human & Social Development … which is an intricate, open, dynamic and continuously evolving concept. And about my firm conviction that Sustainable Design involves far more than merely substituting the word ‘sustainable’ … for ‘green’, ‘ecological’ or ‘environment-friendly’ … or any number of insipid alternatives which still regularly appear in the popular and/or academic media ! Who, in their right minds, wouldn’t be confused ?!?
‘Sustainability’ is Not … and Cannot … be just another graft onto Conventional Design Practice … whether that be Spatial Planning, Architectural / Engineering / Industrial Design or e-Design !
Sustainable Design & Construction … is the ethical response, in built or wrought (worked) form, to the concept of ‘Sustainable Human & Social Development’.
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SUSTAINABILITY IMPLEMENTATION
Opinion: At the Heart of Implementation which is Authentically ‘Sustainable’ … (a colleague of mine is very fond of using that word ‘authentic’) … must lie a Personal Code of Ethics. By that, I do Not mean … and I am Not referring to … a Professional Code of Conduct … which is mainly about the self-protection and self-preservation of a professional class !
Everyday Reality: If we examine, for a moment, two interesting examples … Climate Change Mitigation & Adaptation or the 9-11(2001) Collapses of World Trade Center Buildings 1, 2 & 7 in New York … such is the great timelag between general societal recognition of a critical design challenge … and then, the passing of relevant national legislation which can really only demarcate a minimal threshold of performance … and next, the associated production of standardized design guidelines … and finally, the imposition of effective monitoring and verification procedures … that the only practical approach is to base Sustainability Implementation on a robust Personal Code of Ethics … with an overt emphasis on Continuing Personal Development (CPD).
I hasten to add that this is not how we (society) are currently educating the design disciplines … and this is not how the professional institutes are operating.
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PERSONAL CODE OF ETHICS
For many years, in my presentations around Europe, the Arab Gulf Region, India and South America … I have been actively promoting the WFEO/FMOI (UNESCO) Model Code of Ethics as a suitable template for use by all of the design-related disciplines. Recently, however, our Organization … Sustainable Design International … has undertaken a major review of this 2001 Code, and produced a 2011 Update which tackles the following matters of major concern in our world of shameful waste and socially inequality:
- Sustainable Human & Social Development ;
- Climate Change Mitigation & Adaptation ;
- Strengthening the Voice of Vulnerable Social Groups, particularly People with Activity Limitations.
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WFEO/FMOI (UNESCO)
World Federation of Engineering Organizations – Fédération Mondiale des Organisations d’Ingénieurs
MODEL CODE OF ETHICS
Since 1990, WFEO/FMOI has worked to prepare a Code of Ethics under the supervision of Donald Laplante (Canada), David Thom (New Zealand), Bud Carroll (USA), and others. It is expected that the Model Code, adopted in 2001, will be used to define and support the creation of codes in member and related professional institutions. This version of the Model Code was updated by C.J. Walsh (Ireland) in 2011.
CONTENTS
I. BROAD PRINCIPLES
II. PRACTICE PROVISION ETHICS
III. ETHICS OF SUSTAINABLE ENGINEERING
IV. CONCLUSION
INTERPRETATION OF THE CODE
- Sustainable Development & Climate Change
- Protection of the Public, and the Natural Environment
- Faithful Agent of Clients and Employers
- Competence & Knowledge
- Fairness and Integrity in the Workplace
- Professional Accountability & Leadership
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WFEO/FMOI MODEL CODE OF ETHICS
I. BROAD PRINCIPLES
Ethics is generally understood as the discipline or field of study dealing with moral duty or obligation. This typically gives rise to a set of governing principles or values, which in turn are used to judge the appropriateness of a particular conduct or behaviour. These principles are usually presented either as broad guiding principles of an idealistic or inspirational nature or, alternatively, as a detailed and specific set of rules couched in legalistic or imperative terms to make them more enforceable. Professions which have been given the privilege and responsibility of self regulation, including the engineering professions, have tended to opt for the first alternative, espousing sets of underlying principles as codes of professional ethics which form the basis and framework for responsible professional practice. Arising from this context, professional codes of ethics have sometimes been incorrectly interpreted as a set of ‘rules’ of conduct intended for passive observance. A more appropriate use by practicing professionals is to interpret the essence of the underlying principles within their daily decision-making situations in a dynamic manner, responsive to the needs of the situation. As a consequence, a code of professional ethics is more than a minimum standard of conduct ; rather, it is a set of principles which should guide professionals in their daily work.
In summary, the Model Code presented herein elaborates the expectations of engineers and society in discriminating engineers’ professional responsibilities. The Code is based on broad principles of truth, honesty and trustworthiness, respect for human life and social wellbeing, fairness, openness, competence and accountability. Some of these broader ethical principles or issues deemed more universally applicable are not specifically defined in the Code, although they are understood to be applicable as well. Only those tenets deemed to be particularly applicable to the practice of professional engineering are specified. Nevertheless, certain ethical principles or issues not commonly considered to be part of professional ethics should be implicitly accepted to judge the engineer’s professional performance.
Issues regarding protection of the natural environment, climate change mitigation and adaptation, and sustainable development know no geographical boundaries. The engineers and citizens of all nations should know and respect the ethics of sustainability. It is desirable, therefore, that engineers in each nation continue to observe the philosophy of the Principles of Sustainable Ethics, as delineated in Section III of this code.
II. PRACTICE PROVISION ETHICS
Professional engineers shall:
- hold paramount the safety, health and wellbeing of the public, particularly people with activity limitations, indigenous peoples and other vulnerable groups in society … and the protection of both the natural and the built environments in accordance with the Principles of Sustainable Human & Social Development ;
- promote health and safety within the workplace ;
- offer services, advise on or undertake engineering assignments only in areas of their competence, and practice in a careful and diligent manner ;
- act as faithful agents of their clients or employers, maintain confidentially and disclose conflicts of interest ;
- keep themselves informed in order to maintain their competence, strive to advance the body of knowledge within which they practice and provide opportunities for the professional development of their subordinates and fellow practitioners ;
- conduct themselves with fairness, and good faith towards clients, colleagues and others, give credit where it is due and accept, as well as give, honest and fair professional criticism ;
- be aware of and ensure that clients and employers are made aware of the environmental and socio-economic consequences of actions or projects, and endeavour to interpret engineering issues to the public in an objective and truthful manner ;
- present clearly to employers and clients the possible consequences of overruling or disregarding engineering decisions or judgment ;
- report to their association and/or appropriate agencies any illegal or unethical engineering decisions or practices of engineers or others.
III. ETHICS OF SUSTAINABLE ENGINEERING
Engineers, as they develop any professional activity, shall:
- try with the best of their ability, courage, enthusiasm and dedication, to obtain a superior technical achievement, which will contribute to and promote a healthy and agreeable surrounding for all people, including indigenous peoples and other vulnerable social groups, in open spaces as well as indoors ;
- strive to accomplish the beneficial objectives of their work with the lowest possible consumption of raw materials and energy and the lowest production of wastes and any kind of pollution ;
- discuss in particular the consequences of their proposals and actions, direct or indirect, immediate or long term, upon human health, social equity and the local culture and system of values ;
- study thoroughly the environment that will be affected, assess all the impacts that might arise in the structure, dynamics and aesthetics of the eco-systems involved, urbanized or natural, as well as in the pertinent socio-economic systems … and select the best alternative for development which is environmentally sound, resilient to climate change and sustainable ;
- promote a clear understanding of the actions required to restore and, if possible, to improve the environment that may be disturbed, and include them in their proposals ;
- reject any kind of commitment that involves unfair damages for human surroundings and nature, and aim for the best possible technical, socio-economic, and political solution ;
- be aware that the principles of eco-system interdependence, biodiversity maintenance, resource recovery and inter-relational harmony form the basis of humankind’s continued existence and that each of these bases poses a threshold of sustainability that should not be exceeded.
IV. CONCLUSION
Always remember that war, greed, misery and ignorance, plus natural disasters and human-induced pollution, climate change and destruction of resources, are the main causes for the progressive impairment of the environment and that engineers, as active members of society, deeply involved in the promotion of development, must use our talent, knowledge and imagination to assist society in removing those evils and improving the quality of life for all people, including indigenous peoples and other vulnerable groups.
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INTERPRETATION OF THE WFEO/FMOI MODEL CODE
The interpretive articles which follow expand on and discuss some of the more difficult and inter-related components of the Code, especially with regard to the Practice Provisions. No attempt is made to expand on all clauses of the Code, nor is the elaboration presented on a clause-by-clause basis. The objective of this approach is to broaden the interpretation, rather than narrow its focus. The ethics of professional engineering is an integrated whole and cannot be reduced to fixed ‘rules’. Therefore, the issues and questions arising from the Code are discussed in a general framework, drawing on any and all portions of the Code to demonstrate their inter-relationship and to expand on the basic intent of the Code.
Sustainable Development & Climate Change
Engineers shall strive to enhance the quality, durability and climate change resilience of the Human Environment (including the built, social, economic and virtual environments), and to promote the Principles of Sustainable Human & Social Development.
Engineers shall seek opportunities to work for the enhancement of safety, health, and the social wellbeing of both their local community and the global community through the practice of sustainable development.
Engineers whose recommendations are overruled or ignored on issues of safety, health, social wellbeing, or sustainable development, shall inform their contractor or employer of the possible consequences.
Protection of the Public, and the Natural Environment
Professional Engineers shall hold paramount the safety, health and wellbeing of the public, including people with activity limitations, indigenous peoples and other vulnerable groups in society … and protection of the natural environment. This obligation to the safety, health and wellbeing of the general public, which includes his/her own work environment, is often dependent upon engineering judgments, risk assessments, decisions and practices incorporated into structures, machines, products, processes and devices. Therefore, engineers must control and ensure that what they are involved with is in conformity with accepted engineering practices, standards and applicable codes, and would be considered safe based on peer adjudication. This responsibility extends to include all and any situations which an engineer encounters, and includes an obligation to advise the appropriate authority if there is reason to believe that any engineering activity, or its products, processes, etc., do not conform with the above stated conditions.
The meaning of paramount in this basic tenet is that all other requirements of the Code are subordinate, if protection of public safety, the natural environment or other substantive public interests are involved.
Faithful Agent of Clients and Employers
Engineers shall act as faithful agents or trustees of their clients and employers with objectivity, fairness and justice to all parties. With respect to the handling of confidential or proprietary information, the concept of ownership of the information and protecting that party’s rights is appropriate. Engineers shall not reveal facts, data or information obtained in a professional capacity without the prior consent of its owner. The only exception to respecting confidentially and maintaining a trustee’s position is in instances where the public interest or the natural environment is at risk, as discussed in the preceding section ; but even in these circumstances, the engineer should endeavour to have the client and/or employer appropriately redress the situation, or at least, in the absence of a compelling reason to the contrary, should make every reasonable effort to contact them and explain clearly the potential risks, prior to informing the appropriate authority.
Professional Engineers shall avoid conflict of interest situations with employers and clients but, should such conflict arise, it is the engineer’s responsibility to fully disclose, without delay, the nature of the conflict to the party/parties with whom the conflict exists. In those circumstances where full disclosure is insufficient, or seen to be insufficient, to protect all parties’ interests, as well as the public, the engineer shall withdraw totally from the issue or use extraordinary means, involving independent parties if possible, to monitor the situation. For example, it is inappropriate to act simultaneously as agent for both the provider and the recipient of professional services. If a client’s and an employer’s interests are at odds, the engineer shall attempt to deal fairly with both. If the conflict of interest is between the intent of a corporate employer and a regulatory standard, the engineer must attempt to reconcile the difference, and if that is unsuccessful, it may become necessary to inform his/her association and the appropriate regulatory agency.
Being a faithful agent or trustee includes the obligation of engaging, or advising to engage, experts or specialists when such services are deemed to be in the client’s or employer’s best interests. It also means being accurate, objective and truthful in making public statements on behalf of the client or employer when required to do so, while respecting the client’s and employer’s rights of confidentiality and proprietary information.
Being a faithful agent includes not using a previous employer’s or client’s specific privileged or proprietary information and trade practices or process information, without the owner’s knowledge and consent. However, general technical knowledge, experience and expertise gained by the engineer through involvement with the previous work may be freely used without consent or subsequent undertakings.
Competence & Knowledge
Professional Engineers shall offer services, advise on or undertake engineering assignments only in areas of their competence by virtue of their training and experience. This includes exercising care and communicating clearly in accepting or interpreting assignments, and in setting expected outcomes. It also includes the responsibility to obtain the services of an expert if required or, if the knowledge is unknown, to proceed only with full disclosure of the circumstances and, if necessary, of the experimental nature of the activity to all parties involved. Hence, this requirement is more than simply duty to a standard of care, it also involves acting with honesty and integrity with one’s client or employer, and one’s self. Professional Engineers have the responsibility to remain abreast of developments and knowledge in their area of expertise, that is, to maintain their own competence. Should there be a technologically driven or individually motivated shift in the area of technical activity, it is the engineer’s duty to attain and maintain competence in all areas of involvement including being knowledgeable with the technical and legal framework and regulations governing their work. In effect, it requires a personal commitment to ongoing professional development, continuing education and self-testing.
In addition to maintaining their own competence, Professional Engineers have an obligation to strive to contribute to the advancement of the body of knowledge within which they practice, and to the profession in general. Moreover, within the framework of the practice of their profession, they are expected to participate in providing opportunities to further the professional development of their colleagues.
This competence requirement of the Code extends to include an obligation to the public, the profession and one’s peers, that opinions on engineering issues are expressed honestly and only in areas of one’s competence. It applies equally to reporting or advising on professional matters and to issuing public statements. This requires honesty with one’s self to present issues fairly, accurately and with appropriate qualifiers and disclaimers, and to avoid personal, political and other non-technical biases. The latter is particularly important for public statements or when involved in a technical forum.
Fairness and Integrity in the Workplace
Honesty, integrity, continuously updated competence, devotion to service and dedication to enhancing the life quality of society are cornerstones of professional responsibility. Within this framework, engineers shall be objective and truthful and include all known and pertinent information in professional reports, statements and testimony. They shall accurately and objectively represent their clients, employers, associates and themselves, consistent with their academic experience and professional qualifications. This tenet is more than ‘not misrepresenting’ ; it also implies disclosure of all relevant information and issues, especially when serving in an advisory capacity or as an expert witness. Similarly, fairness, honesty and accuracy in advertising are expected.
If called upon to verify another engineer’s work, there is an obligation to inform (or make every effort to inform) the other engineer, whether the other engineer is still actively involved or not. In this situation, and in any circumstance, engineers shall give proper recognition and credit where credit is due and accept, as well as give, honest and fair criticism on professional matters, all the while maintaining dignity and respect for everyone involved.
Engineers shall not accept, nor offer covert payment or other considerations for the purpose of securing, or as remuneration for, engineering assignments. Engineers should prevent their personal or political involvement from influencing or compromising their professional role or responsibility.
Consistent with the Code, and having attempted to remedy any situation within their organization, engineers are obligated to report to their association or other appropriate agency any illegal or unethical engineering decisions by engineers or others. Care must be taken not to enter into legal arrangements which compromise this obligation.
Professional Accountability & Leadership
Engineers have a duty to practice in a careful and diligent manner, and accept responsibility and be accountable for their actions. This duty is not limited to design, or its supervision and management, but applies to all areas of practice. For example, it includes construction supervision and management, preparation of drawings, engineering reports, feasibility studies, sustainability impact assessments, engineering developmental work, etc.
The signing and sealing of engineering documents indicates the taking of responsibility for the work. This practice is required for all types of engineering endeavour, regardless of where or for whom the work is done, including but not limited to, privately and publicly owned firms, large corporations, and government agencies or departments. There are no exceptions ; signing and sealing documents is appropriate whenever engineering principles have been used and public wellbeing may be at risk.
Taking responsibility for engineering activity includes being accountable for one’s own work and, in the case of a senior engineer, accepting responsibility for the work of a team. The latter implies responsible supervision where the engineer is actually in a position to review, modify and direct the entirety of the engineering work. This concept requires setting reasonable limits on the extent of activities, and the number of engineers and others, whose work can be supervised by the responsible engineer. The practice of a ‘symbolic’ responsibility or supervision is the situation where an engineer, say with the title of Chief Engineer, takes full responsibility for all engineering on behalf of a large corporation, utility or governmental agency, even though the engineer may not be aware of many of the engineering activities or decisions being made daily throughout the firm or agency. The essence of this approach is that the firm is taking the responsibility by default, whether engineering supervision or direction is applied or not.
Engineers have a duty to advise their employer and, if necessary, their clients and even their professional association, in that order, in situations when the overturning of an engineering decision may result in breaching their duty to safeguard the public, including people with activity limitations, indigenous peoples and other vulnerable social groups. The initial action is to discuss the problem with the supervisor/employer. If the employer does not adequately respond to the engineer’s concern, then the client must be advised in the case of a consultancy situation, or the most senior officer should be informed in the case of a manufacturing process plant or government agency. Failing this attempt to rectify the situation, the engineer must advise in confidence his/her professional association of his/her concerns.
In the same order as mentioned above, the engineer must report unethical engineering activity undertaken by other engineers, or by non-engineers. This extends to include, for example, situations in which senior officials of a firm make ‘executive’ decisions which clearly and substantially alter the engineering aspects of the work, or protection of public wellbeing or the natural environment arising from that work.
Because of developments in technology and the increasing ability of engineering activities to impact on the environment, engineers have an obligation to be mindful of the effect that their decisions will have on the environment and the wellbeing of society, and to report any concerns of this nature in the same manner as previously mentioned. Further to the above, with the rapid advancement of technology in today’s world and the possible social impacts on large populations of people, engineers must endeavour to foster the public’s understanding of technical issues and the role of Engineering more than ever before.
Sustainable development is the challenge of meeting current human needs for natural resources, industrial products, energy, food, transportation, shelter, and effective waste management while conserving and, if possible enhancing, the Earth’s environmental quality, natural resources, ethical, intellectual, working and affectionate capabilities of people and the socio-economic bases essential for the human needs of future generations. The proper observance of these principles will considerably help to eradicate world poverty.
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WFEO/FMOI Model Code of Ethics, Adopted 2001.
This Version, Updated 2011 & Communicated to UNESCO.
[Footnote to the Code]
Sustainable Human & Social Development: Development which meets the responsible needs, i.e. the Human & Social Rights*, of this generation – without stealing the life and living resources from future generations, especially our children, their children, and the next five generations of children.
*As defined in the 1948 Universal Declaration of Human Rights
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EU Ratification of UN Disability Convention – EFC Legal Study
2011-02-05: Further to my post, dated 15 January 2011 …
Many people directly or indirectly involved with Disability-Related Issues in Europe … may not yet know that, a few weeks ago, the European Union ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). They may not even know that their own country, as a Member State of the European Union, had perhaps already ratified the UN Convention one or two years earlier.
At this time, the majority of Member States have proceeded, voluntarily, to ratify the Convention … with some of those, inexplicably, declining/refusing to ratify the Convention’s Optional Protocol.
Human & Social Rights can be a difficult subject area !
Ireland has not ratified the UN Convention … and, unfortunately, the attitude of many policy-makers and decision-makers within our Irish Institutions of State, large and small, is that it’s business as usual … no need to worry or fuss, or give a damn … until this country does actually sign on the Convention’s bottom line … an attitude which displays a magnificent ignorance of the changed reality, post Lisbon Treaty, which is the European Union’s Current Legal Environment !!
Please examine carefully, for yourselves, the findings of this Legal Study, recently approved for publication by the European Commission …
European Foundation Centre (EFC)
Brussels, October 2010
Click the Link Above to read and/or download PDF File (1.46 Mb)
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EU RATIFICATION OF THE UN CRPD – ASPECTS OF EU LAW
The following are selected extracts from the EFC Study … my selection (!) … to answer specific issues relating to UN CRPD Implementation within the European Union. Typographical errors in the Study have also been corrected … and, post Lisbon Treaty, references to the EU Treaties have been properly updated …
The legal basis for the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) signals the appropriate legal basis for its implementation within the European Union (EU). In this respect, and in line with Article 4 of the UN Convention, implementation implies that instruments may be adopted or modified by the Union in order to comply with the Convention and give effect to its provisions and principles. Although the choice of the legal basis for the decision concluding an international agreement is very important, it is not decisive for implementation. In European Court of Justice Case C-178/0345, which concerned the implementation of the Rotterdam Convention on International Trade in Hazardous Chemicals, the Court stated that ” the fact that one or more provisions of the Treaty have been chosen as legal bases for the approval of an international agreement is not sufficient to show that those same provisions must also be used as legal bases for the adoption of measures intended to implement that agreement at Community level “. The latter statement means that EU Treaty provisions other than those mentioned in EU Council Decision 2010/48/EC to conclude the UN CRPD can be used as legal bases to implement UN CRPD obligations in specific fields.
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The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is an international human rights agreement where both the European Union (EU) and its Member States are contracting parties. The UN Convention is thus a Mixed Agreement. Mixed Agreements involve a Shared Contractual Relationship between the EU, its Member States and one or more third countries and/or international organisations. As a Mixed Agreement, the UN CRPD covers fields that fall in part within the competence of the EU, in part within that of the Member States and in part within the shared competence of the EU and its Member States. It is therefore essential for the EU and the Member States to closely co-operate, in order to implement legislation stemming from the Convention in a coherent manner and ensure unity in the international representation of the Union.
EU Member States, when participating in Mixed Agreements, do not act as entirely autonomous subjects of international law; they are subject to a Duty of Loyal Co-Operation between one another and the EU. This duty extends to each of the negotiation, conclusion and implementation phases. In this sense, there is a collective management of the obligations under international law. The duty of loyal co-operation, deriving from Article 4.3 of the Treaty on European Union (TEU), embraces two sets of obligations: first, Member States shall take appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the EU Institutions; and second: Member States shall facilitate the achievement of the Union’s tasks and shall abstain from any measure which could jeopardise the attainment of the Union’s objectives … which are set out in Article 3 of the Treaty on European Union (TEU).
Treaty on European Union (TEU) – Consolidated Version, as Amended by the Treaty of Lisbon
Article 4.3
Pursuant to the principle of sincere mutual co-operation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.
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In relation to EU Member States‘ Compliance with a Mixed Agreement concluded by the EU … the European Court of Justice has inferred that for matters falling within EU competence … the Member States fulfil, within the EU system, an obligation in relation to the Union which has assumed responsibility for due performance of the agreement. In other words, if a Member State fails to take all appropriate measures to implement provisions of the Mixed Agreement that fall within the competence of the EU … it not only fails to fulfil its international obligation, but is also acting in breach of EU Law. The European Commission may thus bring an infringement case against a Member State that has not properly fulfilled its duty. The principle underpinning such mechanisms is the ‘duty of loyal co-operation’, which provides the foundation for managing shared competence within Mixed Agreements.
The line dividing international responsibility for implementation of the International Mixed Agreement between the EU and its Member States depends on the obligations respectively assumed. The UN CRPD contains a clause setting out ‘separate’ responsibility. According to Article 44.1, Regional Integration Organisations acceding to the Convention shall declare, in their instruments of formal confirmation or accession, the extent of their competence. This division of responsibility for implementation implies that the European Union only bears responsibility for the breach of those obligations it has assumed.
EU Council Decision 2010/48/EC on the conclusion of the UN CRPD refers to EU competence in respect of those matters governed by the UN CRPD, and lists EU Instruments which demonstrate such competence.
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STRUCTURE OF THE EFC REPORT
The main objective of the Study was to analyse the obligations set out in the UN CRPD and, in particular, to gather information about the various practices of the EU Member States and the European Union in implementing the UN CRPD.
The work was carried out by the European Foundation Centre (EFC), representing the European Consortium of Foundations on Human Rights and Disability … under Contract No. VC/2008/1214 … for the European Commission‘s Directorate-General for Employment, Social Affairs & Inclusion.
Section 1 of this Report sets the appropriate background for the analysis that will follow.
Section 2 of the Report provides an overview and general recommendations on the implementation of the social model of disability, and core obligations deriving from Article 1 and Preamble Paragraph (e) of the UN CRPD.
Section 3 of the Report provides an overview and general recommendations on the implementation of Article 3 (General Principles), Article 4 (General Obligations), Article 5 (Equality and Non-Discrimination), and Article 9 (Accessibility) of the UN CRPD. The section also reviews UN CRPD articles on Inter-Sectionality, namely Articles 6 (Women with Disabilities) and Article 7 (Children with Disabilities). It is worth noting that the articles addressed in this section are articles of general and crosscutting application, and therefore their application is relevant for the implementation of all articles of the Convention.
Section 4 of the Report provides an overview and general recommendations on the implementation of selected substantive provisions of the UN CRPD which apply existing civil, political, economic, social and cultural rights within the context of disability. Specifically, the section considers the implementation of Articles 16 (Freedom from Exploitation, Violence and Abuse) and 17 (Protecting the Integrity of the Person), which are seeking to assert protections that underscore the humanity of all persons with disabilities. The section also considers the implementation of Articles 12 (Equal Recognition before the Law) and 19 (Living Independently and Being Included in the Community), both of which aim at maintaining and safeguarding the autonomy of the person. Furthermore, articles on specific accessibility rights, namely Article 13 (Access to Justice) and Article 29 (Participation in Political and Public Life), are likewise addressed. Finally, the section considers the implementation of Articles 24 (Education) and 27 (Work and Employment).
Section 5 of the Report contains an overview and general recommendations on the implementation of articles which outline steps that are necessary to support reforms. Specifically, the section considers the implementation of Article 31 (Statistics and Data Collection), Article 32 (International Co-Operation), and Article 33 (National Implementation and Monitoring).
Section 6 of the Report suggests good practices for the EU and national policy-makers for the future and overall implementation of the Convention, and the effective achievement of its objectives.
It is worth noting that, while it is hard to be definitive, given that the UN Committee on the Rights of Persons with Disabilities is still in its infancy and has yet to pronounce on the obligations of the UN CRPD … it is nevertheless possible on the basis of the general principles of the Convention and interpretative tools, such as the Vienna Convention on the Law of Treaties, to identify illustrative challenges to the implementation of the UN CRPD. For the purposes of this Study, the review of EU and Member States policies and legal instruments is based on the analysis of the UN CRPD and checklists that were produced from this Study to measure progress.
Finally, for the purposes of the Study, a challenge is defined as a ‘difficulty’ posed by existing national or EU practice which may potentially hamper the full and effective implementation of the UN CRPD by the EU Member States and/or the European Union. In order to meet such challenges, it will be necessary, inter alia, for the EU (as appropriate) and/or its Member States to review legislation and/or policy with a view to full compliance. On the other hand, a practice is defined as good if it fulfils certain requirements of the Convention or mainstreams the general principles, consistent with Article 3 of the UN CRPD, and has an awareness-raising impact.
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U.S. CPSC Hazardous Plasterboard/Drywall Information Site
2011-02-01: Further to my post, dated 27 May 2010 …
Throughout Europe … this issue is not yet receiving proper attention !
The United States Consumer Product Safety Commission (CPSC) has received about 3,794 reports from residents in 42 U.S. States, the District of Columbia, American Samoa, and Puerto Rico … who believe that their health symptoms or the corrosion of certain metal components in their homes are related to hazardous plasterboard/drywall. State and local authorities have also received similar reports.
Consumers largely report that their homes were built in 2006 to 2007, when an unprecedented increase in new construction occurred, in part due to the hurricanes of 2004 and 2005.
In Ireland … does the phrase ‘an unprecedented increase in new construction’ sound familiar to anyone ???
U.S. CPSC Drywall Information Center
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Ireland’s Proposed Climate Change Legislation – Shambolic !!
2011-01-30: ANYWAY … continuing on from yesterday …
In December (2010) … Mr. John Gormley T.D., Irish Minister for the Environment, Heritage & Local Government published the 2010 Climate Change Response Bill. This proposed legislation is intended to set out a range of measures to statutorily underpin Ireland’s transition to a sustainable, climate change resilient and low carbon-based fuel consuming society … not forgetting, always (!), that there are other Greenhouse Gases (GHG’s) specified in the UNFCCC’s 1997 Kyoto Protocol besides Carbon Dioxide (CO2) … which most people do forget.
The Minister had then invited interested parties to submit their views on the Bill – available to download from the Department of the Environment, Heritage & Local Government (DEHLG) WebSite at http://www.environ.ie/ … by Friday, 28 January 2011. Three other documents which were relevant to this ‘consultation’ are: an Explanatory and Financial Memorandum on the proposed legislation, the Bill’s Regulatory Impact Assessment and the Minister’s 2011 Carbon Budget Dáil Statement.
In his 2011 Carbon Budget Speech to the Dáil (Irish Parliament), the Minister had proclaimed the following …
” In providing a legislative underpinning for proactive transition, it (the 2010 Bill) presents the Irish people as an informed and progressive society pursuing a smart economy in the truest sense of the term – an economy that is highly productive, competitive, resource-efficient and environmentally sustainable.” and
” The Bill is both innovative and inspirational, and I look forward to a frank and honest public debate when it is published.”
WOW !!! Hold De Horses !!!!
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Two important national lobby groups have recently thrown some spanners into the works … the Irish Farmers’ Association (IFA) raised some positive and interesting issues which should be brought to the attention of DG CLIMA in the European Commission … see this Page on the IFA WebSite … http://www.ifa.ie/CrossSectors/ClimateChangeandRenewables.aspx … while the Irish Business & Employers Confederation (IBEC) have been predictably negative and a right pain in the ass … see this Page on their WebSite … http://www.ibec.ie/IBEC/Press/PressPublicationsDocLib3.nsf/vPages/2BEBCAA836D7D6E08025781D00428C39?OpenDocument
The well-publicized positions adopted by these lobby groups prove the point, however, that far more than slick marketing campaigns are required to raise popular awareness about climate change … to properly mobilize society for climate change action, i.e. adaptation as well as mitigation … and reliable implementation.
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MEANWHILE …
As far as Irish Senior Civil Servants are concerned … the temporary, blow-in politicians (also referred to, by them, as ‘defecating birds of passage’) … in this particular case, Mr. John Gormley … have merely departed the scene … this time, a little earlier than expected. But, the permanent system of national dysfunctional governance, i.e. the Civil Service, continues to ride on into the golden sunset … serving their own interests, and not always the country’s !
Whatever is happening at a political level … you should still have regarded Friday, 28 January 2011 … as the latest date for receipt of written responses on Ireland’s Proposed Climate Change Response Bill. If slightly late, get those responses in anyway … as early as possible after the weekend !
The Civil Servants in the Department of the Environment, Heritage & Local Government (DEHLG) need all the help that they can get !!
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IRELAND’S NEARLY-ACTUAL CLIMATE CHANGE PERFORMANCE
On 14 December 2010, the Economic & Social Research Institute (ESRI) published a report: ‘The Energy & Environment Review 2010′ … available for download at http://www.esri.ie/ … which contained a certain Figure 6. Please bear in mind that there are large uncertainties associated with all of the data contained in the document (see more below) … a point acknowledged by the ESRI …
Colour image showing Figure 6: 'Greenhouse Gas Emissions by Gas According to the Low Growth Scenario' ... from the Economic and Social Research Institute (ESRI) Report: 'The Energy & Environment Review 2010', published in December. Click to enlarge.
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Ireland’s Climate Change Action to date, i.e. effective Climate Change Mitigation and Adaptation Implementation, has been laboriously slow and lethargic. It may best be characterized as ‘Business as Usual’, combined with some ‘Cosmetic Tinkering at the Edges’ as the need arises … the universal excuse, almost a mantra, being that “the competitiveness of the national economy must not be impaired”. National Performance has been guided by an official policy of exploiting to the maximum all of the UNFCCC Kyoto Protocol’s Flexibility Mechanisms while, at the same time, showing a stark indifference to Climate Change Adaptation … an over-reliance on Marketing Campaigns in the public media as opposed to mandatory implementation on the ground … and a preference for ‘Soft’ Performance Estimation on paper/computer monitor screen rather than the more painful ‘real’ performance calculation, which would generate reliable data and statistics to be managed by Ireland’s Central Statistics Office (CSO), in co-ordination with EuroStat in Luxembourg.
Figure 6 from the 2010 ESRI Report … indicates that Official Ireland only ever had a short-term strategy, which was to meet the Kyoto Protocol’s 2012 GHG Emission Reductions Target … on paper ! Right now, it looks like we may only just manage to meet that Target because of the current serious economic recession. This performance improvement … temporary only … masks fundamental problems within Irish Society. After 2012, all bets are off … as we won’t be in a position to meet any reasonably foreseeable EU or International GHG Emission Reduction Targets. If economic growth takes off again, in Ireland, during the second half of this decade … not a completely mad notion … we will be in real trouble !
The Department of Environment, Heritage & Local Government (DEHLG) lacks strong and competent political direction and the institutional capacity to effectively co-ordinate, oversee and implement National Climate Change Action. For this reason, closer scrutiny of the Department’s activities, from the Dáil Committee System, will be an absolute necessity.
Ireland’s proposed climate change enabling legislation … the 2010 Climate Change Response Bill … is the belated manifestation of a shambolic and pathetically inept effort on the part of Mr. John Gormley, T.D. … and the Senior Civil Servants in the Department of the Environment, Heritage & Local Government (DEHLG) !
Why, So, Because … ?
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SOME SPECIFIC COMMENTS ON THE 2010 CLIMATE CHANGE RESPONSE BILL
1. In the light of elaborate claims made about this proposed legislation and also, for example, the separate project to establish an International ‘Green IFSC’ in Dublin … the 2010 Climate Change Response Bill will be closely examined outside Ireland … particularly by the most advanced ‘developing’ economies and the ‘least developed’ economies of the world.
However, a keen awareness about the highly divisive and difficult political issues at the heart of current international climate change negotiations would have dictated that the following be discussed in a Preamble or Introductory Section to the Bill:
- An acknowledgement of Ireland’s Historical Responsibility for contributing to global climate change ;
- A national commitment to fully support the move towards an Internationally Agreed Cap of 1.5 degrees Celsius on the planetary temperature rise ;
- A national commitment that Ireland will meet its International & European Union Climate Change Obligations through the efforts of Irish Society alone. In other words, we will not seek to benefit, unfairly, from any of our Foreign Development Aid to countries in Africa and Asia … or to projects in Africa, Asia, the Western Balkans, Eastern Europe, Palestine or the Caribbean.
[All such Foreign Development Aid from Ireland should be immediately 'climate change' proofed.]
2. It is only economists who mistakenly believe that everything in society is merely an ‘input’ to economic ‘output’. Mercifully, the rest of us know otherwise. A Society is much, much more than its Economy !
It is a fundamental value and principle that All Aspects of Sustainable Human & Social Development must be taken into account at the same time and with the same weight. A blinkered approach which only considers the environmental aspects of this overarching concept is damaging, and seriously counter-productive in the longer-term.
The case study of the Proposed Shannon River – Dublin City Region Water Supply Project … discussed in a previous post … very clearly shows that there is a symbiotic Relationship between the Concept of Sustainable Human & Social Development and the Reality of Climate Change … a robust link which is critical to the development of an elusive Global Consensual Response to the threat … and essential for the effective implementation of any Climate Change Strategy in Ireland.
The Existing Lines 11-15 in the 2010 Bill are conceptually flawed … and drafted carelessly and imprecisely. Revise these lines accordingly …
TO MAKE PROVISION FOR THE SETTING, AND ACHIEVEMENT, OF NATIONAL GREENHOUSE GAS EMISSION REDUCTION TARGETS TO FURTHER TRANSITION TO A SUSTAINABLE, CLIMATE CHANGE RESILIENT AND LOW CARBON-BASED FUEL CONSUMING SOCIETY ;
For Consistency … Revise Section 5 (3) (a) – Section 5 (6) (a) – Section 6 (1) (a) – Section 9 (1) – the final portion of Section 10 (2) – and Section 11 (1) (c) of the Bill.
3. No satisfactory explanation has ever been given, in Ireland, for not choosing a Common Baseline Year of 1990 for all of the Kyoto Greenhouse Gases. Revise Section 2 (2) of the Bill as follows …
For the purposes of this Act -
(a) the baseline year applicable to a class A greenhouse gas shall be 1990; and
(b) the baseline year applicable to a class B greenhouse gas shall be 1990.
In Section 4 (1) – Section 4 (2) – and Section 4 (3) of the Bill … Revise all GHG Emission Reduction Targets and express them, clearly and simply, in terms of the single Common Baseline Year of 1990.
Thankfully … Ireland’s GHG Emission Reduction Targets will be dictated to us as a result of Agreements at International and/or European Union levels. Any aspirations with regard to Ireland taking a lead role in climate change action, at any level, are pure fantasy !
4. National GHG Emissions – Towards Reliable Data and Statistics
At present … the National ‘GHG Emission’ Database is managed by the Environmental Protection Agency (EPA). The EPA is not a statistical organization, and necessary statements of uncertainty are not presented with emissions data. The National ‘GHG Emission’ Database is unreliable.
A major part of the EPA’s National ‘GHG Emission’ Database is dependent upon National Energy Consumption and Efficiency Performance Data. The National ‘Energy’ Database is managed by Energy Ireland (SEAI). Energy Ireland is also not a statistical organization, and necessary statements of uncertainty are not presented with energy data. The National ‘Energy’ Database is unreliable.
For a number of years, however, Energy Ireland has been in possession of reliable information which shows that there is a dramatic difference between the claimed ‘theoretical’ energy conservation and efficiency performance of buildings at design stage … and the actual energy performance of ‘real’ buildings … such is the poor quality of construction on Irish Building Sites. It is therefore possible to state, with confidence, that the National ‘Energy’ Database managed by SEAI is corrupt !
[See previous posts ... Energy Ireland has consistently refused to release the full details of this information into the public domain. I know, because I am tired asking !]
To be reliable … National ‘GHG Emission’ and ‘Energy’ Databases must be managed directly by the Irish Central Statistics Office (CSO), in co-ordination with EuroStat in Luxembourg … and necessary statements of uncertainty must always be presented with data.
A revised Climate Change Response Bill must confront this serious issue now … and deal with it properly.
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END
Climate Change ?#$#? … 2007 SDI Letter to John Gormley !
2011-01-29: Some people say that a week is a long time in politics … but, here in Ireland, during the last two weeks … every single day feels like a year ! To the uninformed outside observer, this may have all the appearance of being an elaborate circus … but, we like our politics to be complex, interesting and very frothy.
Briefly … the Irish Green Party has recently removed itself, awkwardly, from the Ruling Coalition Government in this country … and the Green Party Agenda has gone up in smoke … definitely a Climate Changing Greenhouse Gas ! Mr. John Gormley T.D., Leader of the Green Party, has therefore resigned as Minister for the Environment, Heritage & Local Government … and his Green Party departmental colleague, Mr. Ciarán Cuffe T.D., Minister of State with special responsibility for Sustainable Transport, Horticulture, Planning and Heritage at the Departments of the Environment, Transport and Agriculture has also resigned.
With all of Ireland’s current economic woes … this decision by the Green Party has ensured that ‘Climate Change’ is fast dropping off the list of national priorities.
However, as a result of these political shenanigans … the word ‘Green’ has received a severe hammering and will induce a nasty taste in the mouths of many Irish Voters during the next few weeks which lead up to a General Election. To be honest, I heartily cheer this development … since ‘GREEN’-ness, i.e. a sole and blinkered consideration for the Environmental Aspects of Sustainability is a ‘pre-version’ (fans of the film: ‘Dr. Strangelove’ will understand what I mean) of Sustainable Human & Social Development. It is also a peculiar quirk of ‘greens’ that they love the environment … but hate people !
As a prelude to what I will say about the proposed enabling legislation for climate change action in Ireland … the 2010 Climate Change Response Bill … I thought that it would be interesting to reveal the contents of a submission I made to Mr. John Gormley back in late 2007. Concerning his reaction … I wondered how it was possible for anybody to write such a long letter in reply, and say nothing.
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Mr. John Gormley T.D., 2007-12-18.
Minister for the Environment, Heritage & Local Government,
Department of the Environment, Heritage & Local Government (DEHLG),
Custom House – Dublin 1.
Re: Your Meeting with IIEA on Friday, 7th December 2007
Dear Minister,
At the Meeting with the Institute of International & European Affairs (IIEA), in North Great George’s Street, I raised two points directly with you:
i) The Great Difference between ‘Real’ Building Energy Performance and Claimed ‘Theoretical’ Performance. In a context where the mandatory use of long wave infra-red thermal imagery will not be introduced in the Revised Technical Guidance Document L of the Building Regulations, due to be issued shortly, and there will continue to be No Effective System of Building Control anywhere in the country … no relationship exists between Claimed ‘Theoretical’ Performance and ‘Real’ Performance, such is the poor quality of construction on Irish Building Sites. The Energy Numbers which continue to be produced by Sustainable Energy Ireland are – almost – pure fantasy.
ii) Sourcing of Climate Change Research & Models for Necessary Institutional Reform Must Extend Beyond Britain. The following is taken from the Irish National Climate Change Strategy 2007-2012 (page 45) …
‘ Ireland has also engaged in an exchange of information on impacts and adaptation activities through the British-Irish Council. This initiative has focused on exchanging data on research projects which have improved the understanding of climate change impacts at a local level.’
I suggested to you that if this were, actually, to be the approach to Research in Ireland … we will be in serious trouble. Furthermore, far too many people in important organizations (including the IIEA) are only looking across the water for Models of Necessary Institutional Reform. We must also, in Ireland, look to the rest of Europe and Japan to find the Best Research and the Most Effective Institutional Models.
Please see the enclosed World Business Council for Sustainable Development (WBCSD) Summary Report: ‘Energy Efficiency in Buildings – Business Realities & Opportunities’ (October 2007), which was presented at an important Paris Conference at the beginning of November, 2007.
This Report looks at what can be achieved in Europe and many other parts of the world – today – using currently available building technologies and systems … IF ‘real’ implementation is taken seriously. Barriers to progress and costs have also been examined.
In the final analysis, however, a properly resourced Indigenous Research Capability, focused on Irish Conditions and Needs, is vitally necessary to drive ‘Real’ Performance and Innovation in this country.
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Post-Bali Leadership from Ireland (and DEHLG !)
A Kyoto II Instrument will be agreed and ratified before the end of 2012. The 1997 UNFCCC Kyoto Protocol must now be seen, therefore, as just the beginning of a long-term process which will last until the end of the century. Some Necessary Direction and a large pinch of Ethical Leadership are urgently required to properly re-position Ireland in this Process.
The following Post-Bali Target Scenario for Ireland is presented for your consideration:
- Ireland should set 1990 as the Benchmark/Base Year for All Kyoto Greenhouse Gases ;
- Statements of Measurement and Calculation Uncertainty should be fully transparent (nationally, and at EU level), and made at every stage of Ireland’s Kyoto Compliance ;
- The EU’s Objective of a 30% Reduction in Greenhouse Gases by 2020, compared to 1990, is the Relevant Short Term Target (refer to Paragraph 31 of the German Presidency Conclusions from the E.U. Council’s Brussels Summit on 8th and 9th March 2007) ;
- As our ‘Real’ Performance, under Kyoto I, continues to be so weak and disingenuous … we should not expect to receive as generous an intra-EU burden sharing arrangement as before. Instead, Ireland should adopt the 2020 National Target of a similar 30% Reduction in Greenhouse Gases, compared to 1990 ;
- Our Contingency Target for 2020 should be a 33% Reduction in Greenhouse Gases, compared to 1990. When considering ‘real’ performance in any field of human endeavour, it is usual to include a safety factor in any calculations …. in this case, 3% ;
- Ireland’s Recourse to the Use of Carbon Sinks and Kyoto Mechanisms in meeting the 2020 Contingency Target should be restricted to 1/4 of ‘Real’ Performance …
- ‘Real’ Performance (no sinks/mechanisms) – minimum 24% Reduction in Greenhouse Gases by 2020, compared to 1990 ;
- Use of Carbon Sinks and Kyoto Mechanisms – 9% Reduction in Greenhouse Gases by 2020, compared to 1990 (this figure includes the contingency 3%) ; and
- As the Construction Sector (when properly identified) should share more of the national burden than, for example, Agriculture …. its Target should be a 40% Reduction in Greenhouse Gases by 2020, compared to 1990. Remember the range of reductions which were initially proposed at Bali …. 25-40% ?
- Part 1 of SDI’s Submission for the Irish Construction Sector (IIEA Climate Change Project, Sectors Sub-Group – June 2007) stressed the great need to properly restore the Construction Sector’s Infrastructure. Otherwise, this Sector will not be able, in reality, to reach any Energy Performance Targets … low or high. Of course, what will eventually appear on paper, or as a computer print-out, is an entirely different matter !
However, having been able to access information about the recent WBCSD Research Project, and using it as a valid substantiation … it then became possible to deal with the issue of Energy Performance Targets for All Buildings (new, existing and those of historical, architectural and cultural importance) more aggressively.
Enclosed, please also find Part 2 of SDI’s Submission for the Construction Sector (IIEA Climate Change Project, Sectors Sub-Group – November 2007).
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Ireland’s Climate Change Strategy ?
1. Ireland’s Current ‘Real’ Situation with Regard to Kyoto (I) Compliance should be clearly understood by the Irish Public. Using the recently issued European Environment Agency (EEA) Report 5/2007: ‘Greenhouse Gas Emission Trends & Projections in Europe 2007 – Tracking Progress Towards Kyoto Targets’, we have extracted just a few snippets of interesting information (enclosed) …
- Instead of 1990, Ireland has chosen 1995 as the Base Year for HFC’s, PFC’s & SF6 ;
- Ireland’s Per Capita greenhouse gas emissions are nearly the worst in the EU-27 ;
- Ireland’s Per GDP greenhouse gas emissions are far too high ;
- Ireland’s ‘Real’ Distance-To-Target (no sinks/mechanisms) is very bad.
Ireland is still grimly grasping on to a ‘Business as Usual’ Approach. This is actually being reinforced by the relevant Institutions of the State, who insist on merely Playing with Numbers … and then publishing Cosmetic Public Relations Brochures for consumption in Ireland and, unfortunately, on the wider European and International Stages.
2. The following National Policy/Strategy Documents & Legislation should directly relate to one other, and their implementation should be tightly co-ordinated …
- National Sustainable Development Strategy ;
- National Climate Change Strategy ;
- National Climate Change Adaptation Strategy ;
- National Spatial Strategy ;
- National Development Plan ;
- National Public Procurement Law.
Not only have some of the above not yet even been drafted, but others are unacceptably inadequate, outdated and/or fundamentally flawed. And the synergies which would normally accrue from co-ordinated implementation are being lost.
3. The World Business Council for Sustainable Development has identified Buildings as one of the five main users of energy where ‘megatrends’ are needed to transform global energy efficiency in the immediate short term, and so meet the daunting challenge of Climate Change Adaptation. They account for 40% of primary energy (primary energy includes the energy required to generate, transmit and distribute electricity, as well as energy directly consumed on site) in most developed countries, and consumption is rising.
Nothing less than a Complete Cultural Shift will be necessary throughout this Sector, beginning with all research and design disciplines and extending right across to any person who works on a construction site or has any part to play in managing, maintaining or servicing a building.
Yet, Irish Construction is not presented as a Coherent Sector anywhere in National or European Greenhouse Gas Databases.
Separate Strategies are urgently required to greatly improve the energy performance of:
- Existing Buildings … onto which many energy efficiency measures can be successfully grafted, but they will not be cheap ;
- Buildings of Historical, Architectural or Cultural Importance … the integrity of which must be protected ; and
- New Buildings, which must therefore carry the major burden.
4. Raising the (General) Awareness of Irish Society regarding Climate Change and Mobilizing People and Organizations for (Effective) Action are two entirely different concepts. Which concept is informing Strategy Development within the DEHLG ?
A €15 m. Marketing Campaign, spread over 4-5 Years and including the ‘Change’ WebSite (!?!?), will not mobilize anyone … to do anything.
5. Your proposals concerning Necessary Building Energy Efficiency Improvements to be included in the Revised Technical Guidance Document L are inadequate. Part L should be applicable to ALL New Buildings.
It has also been insufficiently emphasized in public discussions/consultations concerning this issue that any proposed Building Energy Efficiency Improvements must take place in a context of stringent control during construction (by a sufficient number of competent Local Authority Building Controllers and/or Independent Technical Controllers) and rigorous post-construction energy performance monitoring (using long wave infra-red thermal imagery, in conjunction with building external fabric air seepage tests). Follow-up observation of post-occupation building energy performance will also be required.
This is the one – and only – means of …
- tweaking Computer Software Tools so as to produce more realistic outputs ; and
- obtaining reliable construction-related energy performance data and statistics.
Please Note Well: Without suitable references to the use of long wave infra-red thermal imagery (essential, if working at ambient temperatures – short wave, if working at high temperatures) in Section 5, the Revised TGD L will be absolutely meaningless !!
Because of wasteful patterns of building management and/or use – even in the most energy efficient building – we would also stress that far more attention should be paid to the concept of Intelligent Energy Efficiency Management.
6. We strongly urge you, in accordance with the 2007 Bali Action Plan, to rapidly advance development of the National Climate Change Adaptation Strategy, and to ensure that it is properly implemented.
7. We call for the creation of an adequately resourced Sustainable Development Commission with the necessary legal mandate, independence and technical expertise to monitor – in an integrated, continual and proactive manner – Ireland’s mitigation and adaptation performance in relation to the adverse effects of climate change. We also call for a New Social Partnership for Sustainable Development & Climate Change Adaptation. Addressing Climate Change must be considered an integral element of Sustainable Development Policies.
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At Sustainable Design International … we continue to find, in everyday practice, that the most challenging barriers to Policy Implementation are Institutional – lack of proper horizontal policy integration in Public Authorities, and antiquated approaches to management in Private Organizations. At every level, the concept of Sustainable Human & Social Development is poorly understood.
Should you have any questions or comments, please contact me at your convenience.
Yours sincerely,
C.J. Walsh, etc., etc.
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END
EU Accessibility & Ratification of UN Disability Rights Convention
2011-01-15: Recently, I was waiting … and waiting … for the first mention of this important news to pop up on any of the European Disability Networks … the Formal Ratification by the European Union (EU) of the 2006 United Nations Convention on the Rights of Persons with Disabilities … on 23 December 2010 last.
History in the making !!
This U.N. Convention was adopted on 13 December 2006 (2006-12-13), at the United Nations Headquarters in New York … and was opened for signature on 30 March 2007. It entered into force, i.e. became an International Legal Instrument, on 3 May 2008 (2008-05-03). A copy of the Convention can be downloaded, here, on this Site … in my post, dated 31 October 2009.
Finally, on Monday 10 January 2011 … via ICTA-Europe, EDeAN, and the EU Press Release below … it was announced …
EU Press Release IP/11/4 – Brussels, 5 January 2011
EU Ratifies UN Convention on Disability Rights
Click the Link Above to read and/or download PDF File (25kb)
So much for instant communication in our much-vaunted Information / Knowledge / Smart Society !!
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Ordinarily, this news would be nothing to get excited about.
BUT … since the Lisbon Treaty entered into force on 1 January 2009 … the European Union now has a legal personality all of its own, separate from those of the individual EU Member States. See Article 47 in Title VI – Final Provisions – of the Treaty on European Union (consolidated version).
This is the first time that the EU has become a party to an international treaty.
The 2006 United Nations Convention on the Rights of Persons with Disabilities is now part of the European Union’s Acquis Communautaire, i.e. the extensive body of EU Law.
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The consequential impacts flowing, therefore, from the EU’s Ratification of the U.N. Convention … at both European and Member State (National) levels … will be very, very interesting to observe during the immediate short term. [A note of caution ... be patient, and allow for a short period of 'bedding-in' at the start. See below.]
The European Commission, for example, must now take full account of the Convention in the drafting and implementation of any new legislation, policies and programmes … in fact, all of its activities.
The European Court of Justice must also take full account of the Convention in all of its work.
This will, inevitably, heavily influence what is … or is not … happening with regard to social and other policies at national level in the Member States. Many Member States (16) have already ratified the Convention … and more power to them ! BUT among these 16 … the Czech Republic and Denmark have not yet ratified the UN Convention’s Optional Protocol … how strange … and unacceptable !!
Some Member States … and I am thinking specifically of Ireland … will have to be dragged, screaming, to the point of ratification. And even when that position has been reached … proper implementation will always be an issue. Just consider, for a moment, Ireland’s uncaring and ham-fisted approach to implementation of the 1989 U.N. Convention on the Rights of the Child … which it did actually ratify way back on 28 September 1992 ! See my post, dated 30 November 2009.
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Accessibility of the ‘Human Environment’ – A Harmonized EU Understanding !
As far as the European Union must now be concerned … and all of the EU Member States … Preamble Paragraph (g) and Articles 9, 10 & 11 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – form the basis of a harmonized understanding for Accessibility of the ‘Human Environment’ … which includes the Built Environment, the Social Environment, the Economic Environment, and the Virtual Environment … concepts which I have defined, here, many times before.
Preamble Paragraph (g)
Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,
Article 9 – Accessibility
1. 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, 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:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces ;
(b) Information, communications and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures:
(a) To 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) To 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 ;
(c) To provide training for stakeholders on accessibility issues facing persons with disabilities ;
(d) To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms ;
(e) To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public ;
(f) To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information ;
(g) To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet ;
(h) To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.
Article 10 – Right to Life
States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Article 11 – Situations of Risk & Humanitarian Emergencies
[My Note: An outbreak of fire in a building would be a situation of serious risk.]
States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.
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Accessibility of the ‘Human Environment’ – Competent & Effective EU Implementation !
Within the European Union as a whole, because it is a party to the Convention in its own right … and also within the individual EU Member States … Articles 31 & 33 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – mandate that implementation is taken seriously … that it is competent and effective … and, most importantly, that independent monitoring and verification is a fundamental part of the process.
Article 31 – Statistics & Data Collection
1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:
(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities ;
(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.
2. The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.
3. States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.
Article 32 – International Co-Operation
1. States Parties recognize the importance of international co-operation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia:
(a) Ensuring that international co-operation, including international development programmes, is inclusive of and accessible to persons with disabilities ;
(b) Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices ;
(c) Facilitating co-operation in research and access to scientific and technical knowledge ;
(d) Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.
2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.
Article 33 – National Implementation & Monitoring
1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a co-ordination mechanism within government to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
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The European Union’s Disability Strategy 2010-2020 [COM(2010) 636 final]
The general approach to, and the quality of, Accessibility Implementation in Europe … when compared, for example, with Japan … is pathetically inadequate.
It is quite amazing, therefore, that the texts which deal with Accessibility of the ‘Human Environment’ in the EU’s Disability Strategy Document 2010-2020 … are weak and far too vague … basically, meaningless claptrap drafted by desk jockeys / ‘suits who do not know’ ! We did not achieve a ‘Europe Accessible For All’ by 2010 (see below) … do you see it ?? And … at the current rate of progress, neither will we achieve a ‘Europe Accessible For All’ by 2020 !
The European Union’s Accessibility Strategy, related Policies and Programmes … and the monitoring, targeting and independent verification of Accessibility Implementation … all require a radical overhaul !
All those Officials in the European Commission who are involved, in any way, shape or form, with Accessibility of the ‘Human Environment’ would do well to RE-READ AND MEDITATE DEEPLY on the contents of the 2003 Final Report from the Group of Accessibility Experts, which was established by the European Commission itself …
EU 2003 (EYPD) Expert Group on Accessibility
October 2003
2010: A Europe Accessible For All
Click the Link Above to read and/or download PDF File (294kb)
I was a Member of that Expert Group !
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AND SOME WIDER CONCERNS …
1. The European Union HAS NOT RATIFIED the UN Disability Rights Convention’s Optional Protocol. If the Union is so Open and Transparent … and so committed to Human and Social Rights for All EU Citizens … somebody, somewhere, has to scream out loud “Why is the EU Not Ratifying this Optional Protocol ???”. And … we demand an honest answer !!!
Optional Protocol – Article 1
1. A State Party to the present Protocol (‘State Party’) recognizes the competence of the Committee on the Rights of Persons with Disabilities (‘the Committee’) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.
2. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
2. The EU Code of Conduct between the Council, the Member States and the Commission setting out internal arrangements for the implementation by and representation of the European Union relating to the United Nations Convention on the Rights of Persons with Disabilities. Above, I talked about a short period of ‘bedding-in’. BUT … get your teeth into the ‘meat’ of this document … which indicates that it might be a much longer and more difficult process !?!
Official Journal of the European Union (15 December 2010) - 2010/C 340/08
EU Council – UN Disability Rights Convention – 2010 Internal Code of Conduct
Click the Link Above to read and/or download PDF File (729kb)
3. At EU Council … How Important is this Issue Considered ? In the 37 Page Report on the Justice and Home Affairs Council Meeting, which was held in Brussels from 2-3 December 2010 … the adoption of the above Internal Code of Conduct rated just a very brief mention on the last page. It was not mentioned, at all, among the Main Results of the Meeting !
4. Will Disability Networks, at both European and Member State (National) levels, have the stamina … and be sufficiently competent and focused … to rigorously monitor European Union Implementation of the UN Disability Rights Convention ?? And … will these Networks be courageous in challenging the EU Institutions … if Implementation is found to be Inadequate ??? I’m not so sure !
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END
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