Reasonable accommodation is one of the core principles outlined in the Convention on the Rights of Persons with Disabilities (CRPD). The National Human Rights Commission (NHRC) of Taiwan recently released the “Guidelines for Reasonable Accommodation for Persons with Disabilities” after a two-year process, which involved reviewing cases of domestic and international complaints on reasonable accommodation, and consulting with Organizations of/for Persons with Disabilities (OPDs), academics and experts, and government agencies. The guidelines are aimed to enhance the understanding of government bodies and all sectors of society regarding the scope, implementation, and practical application of reasonable accommodation. The NHRC calls upon government agencies to develop specific guidelines for reasonable accommodation within their respective areas of responsibility to facilitate the effective safeguard of the rights of persons with disabilities by the public and private sectors.
According to Article 2 of the CRPD, reasonable accommodation is defined as the "…necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure persons with disabilities the enjoyment or exercise on an equal basis with others, of all human rights and fundamental freedoms". This concept has been elaborated by the Office of the United Nations High Commissioner for Human Rights in its 2016 Report on equality and non-discrimination under Article 5 of the Convention on the Rights of Persons with Disabilities and by the CRPD Committee in its General comment No.6 on equality and non-discrimination adopted in 2018. Furthermore, international experts also emphasized the importance of reasonable accommodation in their concluding observations for Taiwan’s initial and second report on the CRPD reviewed in 2017 and 2022. They urged the Taiwanese government to amend laws to impose an obligation on the provision of reasonable accommodation and to recognize that the denial of provision constitutes as discrimination.
In drafting the Guidelines, the NHRC not only referred to the instruments mentioned above but also considered resources including case studies and discourses from the United States, France, Japan, New Zealand, and the European Network of Equality Bodies. To ensure thoroughness, the initial draft of the Guidelines underwent consultation with OPDs and government bodies, and were reviewed by academics and experts. The Guidelines incorporate the definition of reasonable accommodation and the compilation of national laws, and specify on the preparations government agencies should make to implement reasonable accommodations, especially the steps of implementation and the key factors to consider. The Guidelines also collect actual cases of domestic and international complaints and judgments on reasonable accommodation and clarify on the commonly confused concepts such as procedural adjustments and job redesigns; the difference between them and reasonable accommodation is detailed in the appendix.The NHRC emphasizes that reasonable accommodation applies broadly in various fields such as education, employment, health care, cultural life and leisure, transportation, financial services and consumption. In addition, the Guidelines are not only aimed for persons with disabilities holding a disability certificate, but also applicable to individuals who are in disabling situations and with actual needs, according to the human rights model of the CRPD.
Following the publication of the guidelines, the NHRC urges all government agencies to develop more detailed operational guidelines within their respective mandates to ensure that equal rights of persons with disabilities are protected by both public and private sectors. The Guidelines are subject to periodic revision, and the relevant case studies and references will be updated continuously on the NHRC website.