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particular, has been criticized for being chronically underenforced. Moreover, both Title II and Title III
obligations are subject to a “fundamental alterations” or “undue burden” defence.
TRANSFERABILITY, SCALABILITY AND COST-EFFICIENCY
In 1975, when the Congress of the United States enacted the Individuals with Disabilities Education Act, the law was
embraced by the disability community and families and communities as a watershed moment in public school
education. In particular, its concept of reasonable accommodation, as well as its inherent values, such as the emphasis
on education and related services being rovided in the least restrictive environment, were cross-referenced in
subsequent laws (i.e., ADA). Undoubtedly, when, in 1990, the Congress of the United States adopted the Americans with
Disabilities Act (ADA), the law was embraced by the disability community as its “Declaration of Independence.” In
particular, its concept of reasonable accommodation, as well as its inherent values, such as the emphasis on inclusive
education, independence and autonomy, to name a few, were referenced in the UN CRPD negotiations.
ZP2012: The American disability law, especially the concept of reasonable accommodation as well as its inherent values
such as the emphasis on independence and autonomy, was referenced in the UN negotiations on the CRPD.
Undoubtedly, the ADA has served as a global model to numerous countries which have used the law as a foundation for
the development of their own laws and policies, and will continue to do so. The most recent example is Vietnam, which
used the ADA to draft its own National Disability Law passed in 2010.
Undoubtedly, when, in 1990, the Congress of the United States adopted the Americans with Disabilities Act (ADA), the
law was embraced by the disability community as its “Declaration of Independence” and it had the greatest impact as a
model law globally because it was the first comprehensive disability discrimination law. The ADA is grounded in the
social model, and is expressed in terms of civil rights, within a non-discrimination framework. In particular, its concept of
reasonable accommodation, as well as its inherent values, such as the emphasis on independence and autonomy, were
referenced in the UN negotiations on the CRPD, which was signed by the USA on July 30, 2009. In the last 20 years, the
ADA has advanced considerably the protection of disabled people’s rights and, foremost, achieved a broad accessibility
in US society. In fact, the European Disability Forum, when looking for a new definition of accessibility for the purposes
of the European Accessibility Act, proposed a similar, but not identical, definition to the one found in the ADA. However,
there appears to be still a range of areas which need to be continually advanced. Reviewing US disability-related
legislation and its compliance with the UNCRPD, a report of the National Council on Disability stated, with regard to
accessibility, that federal laws are currently under-enforced (especially for the private sector), and, with regard to
equality, that there is a lack of “equality measures such as vocational training, affirmative action, quotas, and job set-
asides.” The absence of substantive equality measures meant a failure to address especially the disproportionately high
rates of unemployment and poverty faced by disabled people. Until recently, it proved also to be most arduous for the
majority of individuals to claim protection under the ADA, due to increasingly restrictive court interpretations of its
definition of disability. The original purpose of the ADA had to be restored by the ADA Amendments Act in 2008, which
established a much broader scope of protection.