Supreme Court order propels 'accessibility for all'
*Compel adherence to the law by architects, builders and local
*Punitive repercussions for violators
*Rich dividends on implementation for Sri Lanka
Dr. Ajith C. S. Perera
Accessibility has the 'Power to emPower' everyone and 'enable our
dis-Abling new buildings to serve the public.
Access to public buildings - a basic human right. Courtesy:
Significant numbers of our heroic soldiers and war victims are
disabled. Soon 17 percent of our population will be over 65 years. A
great number of youth have debilitating conditions, often not visible.
An estimated 3 million citizens with curtailed mobility continue to
fight a daily battle discriminated, dis-advantaged and thereby unable
fully to benefit from the resources the State provides and unnecessarily
continue their dependency on others.
Power of accessibility
Providing an accessible environment means preventing safety hazards
'any time', supporting independence and promoting the dignity of 'every
It means, more opportunities, especially for people with curtailed
mobility, to perform the necessary normal activities of daily life,
acquire gainful employment and inclusive education, reach their optimum
potential and participate as productive members in society.
Accessibility hence, is indeed an indispensable basic human right.
The need for court orders
Laws to require public buildings and facilities to be made accessible
to disabled persons were established in 1996 and further strengthened by
the introduction of accessibility regulations under this law in 2005 and
thereafter, receiving unanimous Parliament approval.
However, inept stagnant bureaucracy failed to establish a formal
mechanism to implement and pursue the legislation and thereby to deliver
practical effect, even in respect of new public buildings.
Violators roam scotfree causing substantial losses to the country,
significant setbacks to disabled people and their families and thereby
reduce our limited resources. Even after 13 years this malady continues.
A fundamental rights application aimed at preventing further colossal
losses the country incurs, was filed at the Supreme Court by this
Although the court is not empowered to make new laws, in delivering
their unanimous judgement on October 14 last, orders were issued having
the potential to reverse these adverse trends and reap over 30 rich
dividends for the country and its people - disabled and non-disabled
"The Court recognises that in terms of the 'Protection of the Rights
of Persons with Disabilities' Act No. 28 of 1996 and accessibility
regulations made there under, no person should be discriminated on the
ground of disability and their mobility restricted in a manner which
precludes or impedes them from gaining reasonable physical access to
public buildings and facilities provided within such buildings,
especially the toilet facilities".
Accordingly, the Court ordered the following,
1. All new public buildings as defined in the accessibility
regulations No.1 of 2006, should provide 'reasonable access' to persons
with physical disabilities.
2. All authorities that are empowered to approve building plans or
issue any 'Certificate of Conformity' for public buildings should
refrain from doing so in respect of any building which would violate
this court order.
3. Failure to comply would draw punitive repercussions as set out in
the law (which would very soon be made more stringent).
4. The proceedings were terminated with liberty to you to file a
motion, if there is any violation of the court orders.
Clarification of court orders
What's acceptable as 'reasonable access'? It means the following key
parts of a new public building stipulated by the accessibility
regulations in force, not just the entrances, should be designed in
accordance with the minimum design requirements there: floor surfaces,
pathways and corridors, doors and entrances, steps and stairs, hand
rails and grab bars, ramps (where needed), lifts, toilets, car parks and
Design requirements provide the basic essential architectural needs
that address the diverse mobility needs of the widest possible range of
Sri Lanka Standards Institution must be congratulated for
establishing Sri Lanka Standard SLS ISO TR 9527:2006 for building
construction to provide minimum design guidelines.
Prevents safety hazards anytime for everyone
"Good design enables; poor design dis-ables - could be even for
lifetime!" Design standards specified in accessibility regulations bring
added safety at anytime to everyone, especially to vulnerable groups. It
is thus a huge benefit, incalculable in value to all.
The design requirements are also relatively few and cost less than
0.02 percent of the total building costs. Hence they could be met easily
- practically and economically - as an investment, at the planning stage
of a new building or a renovation to an existing building.
The Court orders deal with human life and thereby we cannot afford to
leave any margin for error. It is a highly responsible task that
requires a good practical understanding of its intricacies and proven
expertise. Also, every building and each site is unique in its problems
As such, authorities undertaking constructions may well need expert
guidance as to how best to do them 'right first-time' and prevent waste
Unfeigned voice of the disabled
This petition concerned the continuing very poor accessibility to
services even at new public buildings, as stated clearly in the
petition, was not a potential threat to anyone but certainly a big
Within six months of filing the petition, there have been a great
many gains of accessibility, albeit largely limited to entrances to
public buildings, perhaps more than in all the previous six years! That
alone constitutes success.
Perhaps for the first time, the unassuming but able voice of disabled
persons praying for 'justice to access public facilities' echoed loud
and clear at the country's apex court.
Submissions were made on behalf of disabled persons (and also
non-disabled persons) by a disabled petitioner appearing in person. It
was a significant achievement, 'not simply' but the hard way.
It's important to state with gratitude that this writer was inspired
to initiate positive action by the leadership qualities, especially
understanding and impartiality, of the leader the disabled persons are
privileged to have as the Chairman of the National Council for the
Disabled Persons - Minister Douglas Devananda.
(The writer - a wheelchair user, is a voluntary disability rights
activist, advisor on accessibility and the Secretary General of IDIRIYA
that's exceptionally responsive towards constructing user-friendly