
Older Academics: A question of equity and age:

Justice systems and courthouses are scary at the best of times – even when you haven’t done anything wrong. The processes and places are foreign to most of us. Interacting with the justice system is very stressful – even more so for people with any kind of disability. It’s the same for people who come from a migrant community. Equitable access to justice is yet to evolve.
The newly published guidelines for access to justice for persons with disabilities is available on the United Nations Human Rights web page. It gives the background and a summary of the consultation process. The title of the document is, International Principles and Guidelines on Access to Justice for Persons with Disabilities. The document was developed in collaboration with disability rights experts, advocacy organisations, states, academics and other practitioners. There are ten principles, each with a set of guidelines for action.
Principle 1 All persons with disabilities have legal capacity and, therefore, no one shall be denied access to justice on the basis of disability.
Principle 2 Facilities and services must be universally accessible to ensure equal access to justice without discrimination of persons with disabilities.
Principle 3 Persons with disabilities, including children with disabilities, have the right to appropriate procedural accommodations.
Principle 4 Persons with disabilities have the right to access legal notices and information in a timely and accessible manner on an equal basis with others.
Principle 5 Persons with disabilities are entitled to all substantive and procedural safeguards recognized in international law on an equal basis with others, and States must provide the necessary accommodations to guarantee due process.
Principle 6 Persons with disabilities have the right to free or affordable legal assistance.
Principle 7 Persons with disabilities have the right to participate in the administration of justice on an equal basis with others.
Principle 8 Persons with disabilities have the rights to report complaints and initiate legal proceedings concerning human rights violations and crimes, have their complaints investigated and be afforded effective remedies.
Principle 9 Effective and robust monitoring mechanisms play a critical role in supporting access to justice for persons with disabilities.
Principle 10 All those working in the justice system must be provided with awareness-raising and training programmes addressing the rights of persons with disabilities, in particular in the context of access to justice.
The picture at the top is from the Brisbane Supreme Court showing a large abstract mural behind the Judges’ bench. The picture at the bottom is an attempt to make the defendant dock wheelchair accessible.
Designing and creating electronic devices for older people so they can stay home in their later years is a good thing. But are they actually what older people want? It’s a balancing act between assistance for independence versus privacy intrusions. Where do you draw the line? And will the older person have a say in where that line is drawn? These are tricky questions and the answers are likely to be individual. And what happens to any data that are collected both deliberately and as a by-product?
A conference paper from Germany discusses some of these issues as we are increasingly looking to technology to solve our problems. The issues raised in could benefit from a universal design perspective. Taking this view, one would ask, “How can we make ambient technology more universal and general and less specialised so that people don’t feel stigmatised? As Eva-Maria Schomakers and Martina Ziefle say, privacy concerns include the feeling of constant surveillance, misuse of personal information by third parties, as well as the invasion of personal space, obtrusiveness and stigmatising design of these technologies.
The title of the article is Privacy Perceptions in Ambient Assisted Living
Ambient Assisted Living is a growing field of research. A related paper on ResearchGate “Enabling Technologies for the Internet of Health Things”, might be a place to start. It contains some useful diagrams.
Researchers find it frustrating not having one term to cover the concept of equity and inclusion. One term would ensure we are all talking about the same thing. But how about practitioners? It’s confusing for them too. The aims of universal design (UD), inclusive design (ID), design for all (DfA), and user experience (UX), have the same aim – inclusion. So why should we have a terminology muddle?
Most designers and practitioners who understand the underpinning principle of inclusion, say it’s not a big deal. But shouldn’t the key issue be about implementation rather than discussing the nuances of terms? Even if we had one term, would that alter designer and practitioner attitudes towards inclusion?
The complaint about terminology among academics has resulted in many papers on this topic. New terms are proposed as a solution but serve only to confuse more. Some even put forth arguments that they are all different things.
A paper from 2014 is still relevant today because the arguments are still current. This paper discusses historical, methodological and philosophical aspects. It’s a long paper, probably best suited to academics. It covers just about every aspect of the issues. It also draws in the ICF (International Classification of Functioning, Disability and Health) and international standards which is quite useful.
The title of the paper downloadable from ResearchGate says it all, Universal design, inclusive design, accessible design, design for all: different concepts—one goal? On the concept of accessibility—historical, methodological and philosophical aspects.
Different disciplines, different practitioners, and different countries have evolved their own terms. Academics find this problematic as it makes it difficult to build an international body of research on a topic where terminology can vary so much. Regulations and codes have not helped the cause:
Editor’s note: I also wrote on this topic in 2009: Calling a Spade a Shovel: Universal, accessible, adaptable, disabled – aren’t they all the same? Or you can get the quick version from the PowerPoint presentation.
Promoting the efficacies of universally designed built environments has been one of the ongoing quests of disability and ageing advocacy groups, and more recently, governments. The underpinning principle of universal design is inclusiveness – that is, to design across the population spectrum for people of all ages, abilities and backgrounds. This means ensuring architectural features do not inadvertently become architectural barriers to inclusion in everyday social and economic life.
The drive for social and economic inclusion for people with disabilities has recently moved up the political agenda and new policy directions at national and state levels are emerging. Political will is a necessary but insufficient condition to guarantee inclusion if industry does not understand what constitutes inclusiveness in design, and does not understand the differences in terms used in the built environment in relation to inclusion, disability and ageing.
Using the NSW Government’s call for tenders for social housing, and an academic paper as examples, this paper discusses how using various terms such as accessible and adaptable interchangeably might defeat the objective of inclusion, and how the misuse and confusion in terminology hinders not only the uptake of universal design in a practical way, but also stymies academic debate on the topic.
While some retirees will seek a sea change to resort-style living, others want to stay connected to their families and established neighbourhoods. Some might even be thinking about planning renovations to make staying put easier. A place in the country sounds ideal, but is it the right choice?
An article in Aged Care Insite critiques the age-restricted model of villages. It asks if this is a sustainable model into the future. The article was written in 2018 and shows foresight given today’s issues with aged care. Many of the current issues are discussed and the author, Susan Mathews questions if this is the right way forward.
Mathews proposes alternatives, one of which is flexibility of design across the housing market so that people can receive care at home when it is needed. This fits with the principles of universal design as outlined in the Livable Housing Design Guidelines at Gold level. Other key points are inter-generational interaction, connectivity, inclusion, and proximity to conveniences. A good article from an architect’s perspective. The title of the article is Aged Care in the urban context: what’s missing?
Who thought of kerb cuts in the footpath? 30 years ago policy makers couldn’t understand why anyone needed kerb cuts in footpaths. “Why would anyone need kerb cuts – we never see people with disability on the streets”. This is part of the history of disability rights that we rarely think about these days. But kerb cuts (curb cuts) didn’t happen because of policy – they happened because people took matters into their own hands. And accessibility eventually shaped the streets.
Stories of activists pouring concrete on kerbs have made their way into urban legends. It is sometimes referred to as the “Curb Cut Revolution”. (Note the American spelling. In Australia we call them kerb ramps.) It was the beginning of a turning point for accessibility.
Of course, the injustice is not evident to those who are perhaps inconvenienced but not excluded. And it’s not just about wheelchair users. Anyone using a wheeled device: delivery trolley, pram, bicycle or luggage knows the value of the kerb cut. They’ve also benefited from the other accessibility features in the built environment. That’s how the term “universal design” was coined – good for wheelchair users, good for everyone.
The Forgotten History of How Accessible Design Reshaped the Streets is a nicely written blog article. It provides an interesting context to what we know now as access standards. But compliance to legislation does not guarantee inclusion. It only provides access. That’s why we still need universal design thinking.
The Universal Design Movement goes back to the 1970s and it’s still going. That’s because every improvement for inclusion is hard won. The article has a great quote:
“When injustice is tied up with the physical spaces of cities and the policies that create them, it becomes difficult to assign responsibility for it – and hence difficult to change.”
The article is from Bloomberg CityLab.
Aged care is in the news and not for good reasons. But what do Australians think of aged care and ageing in general? A good question, and the answer depends on your perspective and your age. Regardless, we need to consider home design seriously. That’s because staying put at home is clearly the favourite place for older age.
The Royal Commission into Aged Care Quality and Safety commissioned Roy Morgan to research perceptions of ageing and aged care across all age groups. This report builds on the research by Flinders University about quality of care. Both studies were conducted before the outbreak of COVID-19.
The research confirmed previous studies that older Australians prefer to stay put at home and if needed, receive aged care at home. This desire increases with age. This preference is also expressed in the priority for help in the home rather than health related services. However, younger people rated health services as the highest priority for older age. The implication is that younger people see ageing as a bodily health issue whereas independence and choice are top of mind for older people. That is, their quality of life.
There is much to unpack from this report which also looks at community attitudes and perceptions of aged care. Perhaps the most surprising finding was that few people knew how much the government contributes to aged care costs. Most thought it was around 50% but it is actually 78%. This report is well-written and there are little gems hidden in the data.
The unanswered question remains, “If older people want to receive aged care at home, will the design of their homes support their desire?”
The answer is no in most cases – not if they are to retain their independence. Many older homeowners are in the same home in which they brought up their family. When they bought it there was no thought about whether the design would support them in their older age. Consequently, if we ask younger Australians whether they want access features in their new home they are likely to say no. Few of us can imagine ourselves as being somewhat “lesser” beings – that is, losing capacity over time. That means all our housing stock is unsuited to ageing in place and aged care at home. Time for a change.
The title of the Roy Morgan report is, What Australians think about ageing and aged care.
Universal design is now a key element of the SDG as a means of including people with disability. UN member states are required to report on disability and inclusion within their actions on the SDG. They will need to show measurable actions not just policies. Sustainable Development Goals (SDG) are a blueprint to achieve a more sustainable future for all. The SDG are interconnected and the aim is to “leave no one behind”.
Sweden’s Ministry of Participation virtual event titled, The principle of universal design as a tool for leaving no-one behind provides a good background in how universal design links with the SDG. The video is an hour. At the five minute mark a UN rep explains the UN position. The second speaker listed was not able to join and the moderator spoke about disability and inclusion being at the heart of the SDG. At the 22-23 minute mark there is an interesting presentation on the convergence of UD and the SDG. Data graphics clearly explain why universal design is needed. The final speaker has a short session on a city project which is at the 51 minute mark.
Tip: The video is captioned so you can select a faster speed in the settings to read and hear. You will note that the closed captioning covers some other subtitling. This was the automatic live captioning that is a Zoom option. The closed captioning added later “tidies up” the auto captions and uses a larger font.
The Australian Disability and Development Consortium explains the concepts simply. It picks out the five key SDGs that relate specifically to disability. The Australian Department of Foreign Affairs and Trade has a web page with Australia’s commitments to the SDG. The SDG agenda is not just about government but all sectors of society including business. The UN has an infographic poster that spells out the specific goals relating to disability.