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The Duty to Respect, Protect, and Fulfil Obligations Relating to Freedom of Expression and Opinion

Taken as a whole, States’ obligations with regard to the right to freedom of expression and opinion include:

  1. Obligation to respect:

    States must refrain from engaging in any act, custom, or practice that creates barriers to the enjoyment of freedom of expression and opinion for persons with disabilities.

    Example: The State does not enact laws or policies that prohibit persons who are deaf from communicating in sign language.

    Example: The State provides legal protections to ensure that persons with disabilities enjoy equal access to communications in a nondiscrimination law.

  2. Obligation to protect:

    The State ensures that non-State or “private” actors, such as businesses that distribute information to the general public, do not create barriers to the enjoyment of the right of persons with disabilities to freedom of expression and opinion.

    Example: The State takes action to ensure that banks provide equal access to checking accounts for persons who are blind.

    Example: The State enacts and enforces a law that requires private businesses with websites to develop and maintain websites that are accessible to persons with all types of disabilities.

    Example: The State takes measures to monitor the implementation of accessibility guidelines.

  3. Obligation to fulfil:

    States must take proactive action to ensure enjoyment of the right to freedom of expression and opinion by persons with disabilities.

    Example: The State takes steps to provide signs in Braille in public buildings, such as courthouses.

    Example: The State provides information on access to entitlement programs in plain language/easy-to-read formats.

    Example: The State takes action to promote access to new information technologies and systems for persons with disabilities.

In sum, international human rights law strongly supports the right to freedom of expression and opinion for persons with disabilities, so that they may participate fully in all aspects of life on an equal basis with others.

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