A/HRC/34/26
40.
Reasonable accommodation is in practice triggered, as a minimum, when a person
with disability requires an accommodation that addresses their particular needs in order to
remove concrete barriers to the enjoyment of that person’s rights. In the United States of
America and in South Africa, regulations recommend that entities offer accommodation
without waiting for a request; this should be regarded as good practice. Both the requesting
and the obligated parties should then engage in a dialogue. Given the reverted burden of
proof applicable in non-discrimination, the entity responsible for providing the
accommodation must justify its denial through an objective analysis to avoid incurring
discrimination.
41.
States should promote the recording of the accommodation request process, putting
that burden on the obligated entity. Throughout the process, both parties must act in good
faith and provide for clear communication. Accommodation needs may vary over time for
persons with different impairments. Consequently, reasonable accommodations can be
ended, modified, expanded or replaced, as needed.
42.
Confidentiality must be ensured throughout the process of providing reasonable
accommodation. During the dialogue, the person with a disability may be requested to
inform on their accommodation needs or to provide sensitive personal data. Disclosure of
accommodation needs or sensitive personal data must be up to the individual concerned.
43.
Persons with disabilities are often reluctant to request accommodations because it
could require the disclosure of a condition that is highly stigmatized; for example, persons
with psychosocial disabilities usually do not request accommodations because laws and
regulations may exclude them from participating in specific contexts or even imply that
they could be subjected to forced treatment and institutionalization. In addition to
establishing confidentiality measures, those responsible for providing accommodation
should also work to create inclusive environments and to address such issues as
stigmatization, bullying, exclusion and unconscious bias towards persons or measures. For
example, if an employee with disability requires an accommodation, the manager could, in
agreement with the person concerned, inform other employees that the accommodation was
provided on the basis of disability to enable the person with disability to perform his or her
job.
(a)
Requesting reasonable accommodation
44.
A person with a disability should, if not approached, address a request for reasonable
accommodation orally or in writing, without further formal requirements, to the entity
responsible for providing it. The entity responsible should be clearly identified under law,
regulation or internal policy in order to avoid burdening the person concerned with this
task. If the request is wrongfully addressed within an organization (for example, in a
hospital), the recipient should forward it immediately to the area in charge.
(b)
Dialogue
45.
After an accommodation has been requested, the person concerned and the entity
responsible for its provision should engage in a dialogue to establish the person’s needs and
the most appropriate response to them. Persons with disabilities are experts on evaluating
their own needs, and often already know which modifications and adjustments are
necessary and appropriate. Dialogue may be formal and extensive (usually in a context
where long-term relations are established) or more informal and brief; for instance, when a
wheelchair user attempting to enter a restaurant realizes that the main entrance is
inaccessible, the restaurant manager offers a removable ramp to remedy the situation.
46.
The provision of reasonable accommodation should not be subject to holding
certification of any kind. In exceptional cases, when the entity responsible for the provision
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