Through the interpretation of the Convention on the Rights of Persons with Disabilities, it has been found that the duty of providing reasonable accommodation and the accessibility of persons with disabilities are closely related, but the nature and f ...
Through the interpretation of the Convention on the Rights of Persons with Disabilities, it has been found that the duty of providing reasonable accommodation and the accessibility of persons with disabilities are closely related, but the nature and function of such rights are different and distinct. The former is subject to the condition of undue hardship, the latter is ex nunc in relation to the individual, while the latter is unconditional, and is ex ante in relation to the group. Therefore, they are designed to complement each other and achieve the purpose of eliminating the barriers of social activities of the disabled and achieving social integration.
Indeed, the case of the United States and the United Kingdom shows this characteristic. First, in the United States, the law guaranteeing the right of persons with disabilities is stipulated as the minimum requirement to comply with the Anti-Discrimination Act. Obligations under the Americans with Disabilities Act, in particular, the duty to provide reasonable accommodations, still bear the obligation to provide the reasonable accommodation of meeting the needs of persons with disabilities, while meeting the minimum requirements of the law guaranteeing the access right of persons with disabilities, subject to not imposing excessive burdens. In the UK, similarly, compliance with laws guaranteeing the access right of persons with disabilities does not immediately mean the obligation under the Anti-Discrimination Act. Even if the former right is abided by, the latter Act is to take into account the various needs of persons with disabilities at a reasonable level There remains still a duty to provide reasonable accommodation.
In Korea, however, if we observe the provisions of the law guaranteeing the access right of persons with disabilities, it also fulfills the obligation to provide legitimate accommodations under the Anti-Discrimination Act. In Korea, the right to access for the disabled and the right of reasonable accommodation are the same. This kind of relationship makes it difficult for Korea to fulfill the diverse needs of persons with disabilities in relation to the social activities of persons with disabilities by providing legitimate accommodation. Therefore, in order to solve these problems, the revision of the law guaranteeing the right of persons with disabilities is centred not on realizing the duty of legitimate accommodation the Disability Discrimination Act by amending the law of Access Rights of the persons with disabilities but on establishing a functionally complementary relationship by allowing the duty of reasonable accommodation under the latter Act to function according to the individual situation of the person with disabilities.