UN Convention on Disability
On December 13, 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (UN Convention). This international human rights treaty aims to promote, protect and ensure the human rights and fundamental freedoms of persons with disabilities.
The Convention is innovative because it elaborates and concretizes existing human rights standards. It thus contributes to the effective realization of these rights for people with disabilities. Central themes within the convention are personal autonomy, inclusion and full participation. There is also a strong focus on intersectional discrimination against vulnerable groups such as women and children, and full equality among all people, with or without disabilities. These standards are very nice on paper, but it remains to be seen whether they are respected in practice.
In the Netherlands, the Convention entered into force on July 14, 2016.
Trains without restrooms
It is of great importance that public transport in the Netherlands is accessible to everyone. Without toilets in the trains, this is unfortunately not the case: the presence of a toilet in the train is essential and indispensable for a large group of people, including the elderly, people with bladder and bowel problems and the chronically ill.
The toilets were removed from the train due to cost-cutting considerations, and the idea that toilets are not necessary for shorter distances. Unfortunately, the effects on the accessibility of public transportation due to this policy were not considered when making this decision.
In 2010, criticism flared up in the media when it was revealed that a new model of NS sprinters would not have toilets on board. In response, the then State Secretary indicated that from 2015 no more trains without toilets should be purchased. In addition, all current sprinters must be equipped with toilets by 2021 at the latest.
Despite the large time frame of the NS plans, the right to mobility of people with disabilities is now being taken into account at the national level.
In general, regional transport companies are in favor of this adaptation, but some are still waiting for a tender from the province. As a result, there are provinces in the Netherlands where adjustments have not yet been decided for regional trains. This is a major problem and could violate the UN Convention.
Right to Accessibility and Mobility.
Two specific articles in the UN Convention on the Rights of Persons with Disabilities apply to the situation of trains without toilets.
Article 9 focuses first on transport accessibility. This article articulates the obligation to take appropriate measures to ensure access to transport for persons with disabilities on an equal basis with others.
Article 20 of the same Convention states that States parties to the Convention have an obligation to “facilitate the personal mobility of persons with disabilities in the manner and at the time of their choice and at an affordable cost.” The purpose of the Convention goes beyond promoting the rights of people with disabilities: it also aims to promote their inherent dignity.
The PILP is researching legal options to address this issue.
