Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics

Topic Information

Dear Colleagues,

Navigating town or city streets is often made particularly difficult or dangerous for pedestrians with disabilities (including users of wheelchairs and other motorised assistance devices) by social, design, policy, legal or regulatory factors. Law can sometimes be part of the problem, as famously argued by Jacobus tenBroek in his 1966 article on ‘the right to live in the world’. Law and policy, however, are also a vital part of the solution. At the international level, this point has been highlighted in recent years by developments such as the UN Convention on the Rights of Persons with Disabilities, the Sustainable Development Goals and the UN Habitat Agenda. Nevertheless, meaningful change on the ground often proves elusive.

This topic issue will bring together a collection of articles which explore and critically evaluate the role and effectiveness of, and the need for, law, policy and regulation to enhance the inclusiveness of urban streetscapes for persons with disabilities around the globe. It aims to reflect on the effectiveness of law and policy (at international, regional, national or local levels) in preventing and challenging the exclusion and disadvantage experienced by pedestrians with disabilities and to explore factors (including political profile and activist strategies) which operate as blockages or facilitators of success. Papers will critically reflect on established and emerging types of disabling barriers affecting pedestrians and on the need for, or effectiveness of, regulatory or other state responses or approaches. The nature of barriers and solutions will vary across boundaries of geography and legal systems. We are keen that the Topic reflect the richness of this diversity as well as the potential significance of global and regional initiatives to promote change.

We invite articles addressing areas including (but not limited to):

• Pedestrian rights and their relationship with the rights of persons with disabilities and/or older people and allied movements;
• The regulation of accessibility, inclusive design and road user behaviour in the context of pedestrian environments and streetscapes;
• Relevant international instruments and initiatives (such as the UN Convention on the Rights of Persons with Disabilities, the Sustainable Development Goals and the New Urban Agenda);
• Relevant regional instruments/initiatives—e.g., within the EU;
• Challenges and/or successes in how key aspects of national/local law (e.g., equality, constitutional, tort, criminal, environmental or traffic law) operate to prevent and/or eliminate disabling barriers for pedestrians;
• New or emerging modes of transport or urban design which are creating risks or barriers for disabled people who wish to access and use town or city streets and whether/how law/regulation is, or should be, responding;
• Empirical evidence on experiences of exclusion faced by pedestrians with disabilities and the implications of this for political engagement, urban planning and/or regulatory reform.

We look forward to receiving your contributions.

Dr. Maria Orchard
Prof. Dr. Anna Lawson
Dr. Victor Santiago Pineda
Dr. Jim Walker
Topic Editors

Keywords

Participating Journals

Journal Name	Impact Factor	CiteScore	Launched Year	First Decision (median)	APC
Laws laws	1.3	2.0	2012	31.4 Days	CHF 1400
Social Sciences socsci	1.7	2.6	2012	28.9 Days	CHF 1800
Societies societies	1.7	3.1	2011	32.4 Days	CHF 1400
Urban Science urbansci	2.1	4.3	2017	24.7 Days	CHF 1600

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Published Papers (7 papers)

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25 pages, 285 KiB  

Open AccessArticle

Revisiting the Conceptual Terrains of the Right to Accessibility in India: The Role of Judicial Enforcement

by Sanjay Jain and Malika Jain

Laws 2024, 13(4), 54; https://doi.org/10.3390/laws13040054 - 16 Aug 2024

Viewed by 968

Abstract

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part [...] Read more.

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate its constitutional and statutory manifestations. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

9 pages, 205 KiB  

Open AccessArticle

Disabled Pedestrians, Micromobility, and Furthering Disability Equality Law through Consultation: A Case Study of the Toronto E-Scooter Ban

by Laverne Jacobs and Harry Dhaliwal

Laws 2024, 13(4), 52; https://doi.org/10.3390/laws13040052 - 13 Aug 2024

Viewed by 1406

Abstract

This article documents and explores the history of the e-scooter ban in Toronto, Ontario, Canada as a pathway to examining broader issues concerning the eradication of accessibility barriers in public spaces for pedestrians with disabilities and respectful uses of consultation to develop disability-inclusive [...] Read more.

This article documents and explores the history of the e-scooter ban in Toronto, Ontario, Canada as a pathway to examining broader issues concerning the eradication of accessibility barriers in public spaces for pedestrians with disabilities and respectful uses of consultation to develop disability-inclusive regulations. The use of e-scooters poses a particular dilemma to accessibility for persons with disabilities. On the one hand, the concept of disability contemplates attitudinal and environmental barriers, as noted, for example, in the Preamble of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD). Attitudinal and environmental barriers have traditionally stemmed from interests that are inherently opposed to the collective interests of disabled persons. Examples include attitudes that project stigma against persons with disabilities or a focus on seeking to preserve historical features of the built environment for their aesthetics, without consideration for their accessibility or functionality for disabled persons. They have also generally originated in periods of historical marginalization or exclusion of persons with disabilities. By contrast, e-scooter debates and connected debates regarding the regulation of micromobility vehicles, contain at least one dimension that could very well be shared with persons with disabilities—that is, the preservation of the environment. E-scooters are also a phenomenon of contemporary disability exclusion: policies concerning environmental sustainability, including those promoting e-scooters, are being developed contemporaneously with growing international and national legal recognition of disability rights. These factors render arguments over appropriate regulation of the use of public spaces more complex as, within those arguments, one sees two competing positive policy directions that need to be addressed: the rights of pedestrians with disabilities and environmental sustainability. This article concludes with theoretical and practical suggestions for strengthening regulatory policymaking to address these and other complex intersectional issues of accessibility policy design. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

31 pages, 345 KiB  

Open AccessArticle

Enhancing the Accessibility of Pedestrian Environments: Critical Reflections on the Role of the Public Sector Equality Duty

by Anna Lawson, Maria Orchard, Ieva Eskyte and Morgan Campbell

Laws 2024, 13(4), 43; https://doi.org/10.3390/laws13040043 - 4 Jul 2024

Viewed by 1501

Abstract

The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the [...] Read more.

The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the role of the PSED in enhancing accessibility—either in the specific context of streetscapes or more generally. Here, we present the findings of a doctrinal and qualitative study on this topic. It consists of a critical review of relevant case law and an empirical study in which we interviewed disability campaigners, lawyers, and people working in or for public authorities. Two broad issues emerged from the empirical investigation: involvement and enforcement—on each of which our interviewees identified a range of concerns. These, together with our critique of case law, inform our analysis of the impact and effectiveness of the PSED in the context of streetscape accessibility, and accessibility more broadly. We conclude that, while the PSED (together with other Equality Act duties) is charged with a critical role in embedding equality—and, therefore, accessibility—in public authority decision-making, various factors have severely hampered its ability to deliver. Accessibility too often appears to be subordinated to other policy agendas instead of being embedded within them. There is an urgent need for reform to ensure that accessibility is suitably prioritised—both generally and in the particular context of streetscapes. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

18 pages, 778 KiB  

Open AccessArticle

Performance Metrics for Implementation of Americans with Disabilities Act Transition Plans

by Yochai Eisenberg, Mackenzie Hayes, Amy Hofstra, Delphine Labbé, Robert Gould and Robin Jones

Urban Sci. 2024, 8(2), 27; https://doi.org/10.3390/urbansci8020027 - 29 Mar 2024

Viewed by 1527

Abstract

Safely walking or wheeling in a wheelchair in the community is a civil and human right. Some progress has been made in the US towards making walking/wheeling paths more accessible for people with disabilities through the construction of new curb ramps, fixing sidewalk [...] Read more.

Safely walking or wheeling in a wheelchair in the community is a civil and human right. Some progress has been made in the US towards making walking/wheeling paths more accessible for people with disabilities through the construction of new curb ramps, fixing sidewalk barriers, and installing accessible pedestrian signals. However, pedestrians with disabilities continue to be limited by infrastructure barriers on sidewalks and streets. To encourage progress and government transparency, we developed a set of performance metrics for local governments to monitor and report their progress in implementing barrier removal plans, called Americans with Disabilities Act (ADA) transition plans. We used the five-step Nominal Group Technique to systematically develop and prioritize a set of performance metrics with an expert panel of ADA coordinators, disability organizations, and state and federal Department of Transportation staff. The research resulted in obtaining 53 metrics across five goals and 14 objectives that can be used to measure all phases of implementation and are intended to be customized to fit different community contexts and capacities. The metrics could be used by federal and state transportation agencies, as well as internationally, with some adaptation to ensure that adequate progress in barrier removal is being made. Local governments can use the metrics to document and communicate their progress and effectively reduce ADA compliance litigation concerns. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

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16 pages, 259 KiB  

Open AccessArticle

Leveraging Continental Norms and Mechanisms to Enhance Barrier-Free Access for Pedestrians with Disabilities in Kenya

by Lawrence M. Mute and Agnes K. Meroka-Mutua

Laws 2024, 13(2), 11; https://doi.org/10.3390/laws13020011 - 28 Feb 2024

Viewed by 1699

Abstract

When it is realised meaningfully, barrier-free access enables pedestrians with disabilities to use streets without being impeded by non-existent or poorly maintained sidewalks, inaccessible overpasses or underpasses, crowded sidewalks, lack of traffic controls, lack of aids at street crossings, unsafe motorist behaviour, and [...] Read more.

When it is realised meaningfully, barrier-free access enables pedestrians with disabilities to use streets without being impeded by non-existent or poorly maintained sidewalks, inaccessible overpasses or underpasses, crowded sidewalks, lack of traffic controls, lack of aids at street crossings, unsafe motorist behaviour, and poor signage and lighting. While Kenya has laws in place that are intended to facilitate barrier-free access, in reality, these laws are not implemented, resulting in the violations of rights of pedestrians in general, and pedestrians with disabilities in particular. Using the lived experiences of pedestrians with disabilities, this article reflects on the policy, legislative, and practical contexts which undermine access. It shows that despite the range of policy and legal instruments which Kenya has adopted or enacted to ensure the public in general can access streets, pedestrians with disabilities enjoy arising benefits only marginally. The article’s thesis is that continental policy and normative instruments and institutions may impel Kenya towards ensuring that pedestrians with disabilities have meaningful barrier-free access. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)
(This article belongs to the Section Human Rights Issues)

16 pages, 1730 KiB  

Open AccessArticle

The Needs and Requirements of People with Disabilities for Frequent Movement in Cities: Insights from Qualitative and Quantitative Data of the TRIPS Project

by Tally Hatzakis, Laura Alčiauskaitė and Alexandra König

Urban Sci. 2024, 8(1), 12; https://doi.org/10.3390/urbansci8010012 - 1 Feb 2024

Cited by 1 | Viewed by 2134

Abstract

Moving is an indispensable component of travelling. This paper discusses the experiences of persons with disabilities when moving around cities on foot or wheels, based on research conducted during the EU-funded project TRIPS. Findings comprise participants’ vignettes from 49 interviews in seven European [...] Read more.

Moving is an indispensable component of travelling. This paper discusses the experiences of persons with disabilities when moving around cities on foot or wheels, based on research conducted during the EU-funded project TRIPS. Findings comprise participants’ vignettes from 49 interviews in seven European cities, views on smart assistive technologies (e.g., Augmented Reality) from a pan-European quantitative survey, and design concepts related to walking based on a co-creation workshop that actively engaged persons with various types of disabilities in ideation. Findings suggest that people need reliable and clear wayfaring information on accessible travel routes featuring the coordinated design of streets, pavement, stops, stations, and vehicles to ensure seamless, step-free, and obstacle-free access, as well as disability-sensitive management of disruptions such as maintenance works, for example. Findings also suggest that users are open to using any assistive technology that can enable them to live more independently, assuming it is accessible, and are keen to co-innovate. Finally, we make recommendations for policy changes that can facilitate the redesign of urban infrastructure to make cities more accessible for people with disabilities and drive structural changes in urban planning. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

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12 pages, 236 KiB  

Open AccessArticle

The Americans with Disabilities Act and Equal Access to Public Spaces

by Barry A. Whaley, Jonathan G. Martinis, Giuseppe F. Pagano, Sara Barthol, Jessica Senzer, Pamela R. Williamson and Peter D. Blanck

Laws 2024, 13(1), 5; https://doi.org/10.3390/laws13010005 - 24 Jan 2024

Cited by 1 | Viewed by 4113

Abstract

Since the passage of the landmark Americans with Disabilities Act of 1990, the United States federal government, states, and localities have passed laws and created policies intended to ensure that people with disabilities had full and equal access to public spaces. Nevertheless, more [...] Read more.

Since the passage of the landmark Americans with Disabilities Act of 1990, the United States federal government, states, and localities have passed laws and created policies intended to ensure that people with disabilities had full and equal access to public spaces. Nevertheless, more than three decades after the ADA, people with disabilities continue to face architectural and other barriers to community inclusion and participation. This article describes laws, policies, and initiatives that are implemented in the United States at the federal, state, and local levels to address these barriers, examines their effectiveness, and describes the views of advocates working in furtherance of the rights of people with disabilities and the inclusiveness of public spaces. We conclude by providing brief recommendations for ways federal, state, and local governments may ensure people with disabilities have full and equal access to public spaces. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

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