College of Law

Braille and Its Impact on Promoting Human Rights

Dr. Ziyad Abdulwahab Al-Nuaimi
College of Law / University of Mosul

The issue of promoting human rights requires the protection of all individuals without discrimination to achieve the full realization of those rights. This protection must be comprehensive, encompassing all groups and individuals, including persons who are blind, partially sighted, or have low vision, as they are an integral part of human society. This group may face neglect and an inability to access their human rights, such as the right to education, work, freedom of opinion and expression, access to information, and other rights.

January 4, 2021, marks the International Day of Braille, named after its French inventor, Louis Braille, coinciding with his birthday on this day in 1809. He lost sight in one eye at the age of three due to an accident and became completely blind by the age of five. The United Nations General Assembly adopted its resolution (73/161) in November 2018, declaring January 4 as the International Day of Braille. This recognition affirms that the full realization of human rights and fundamental freedoms in the context of access to the written language is a prerequisite for the full realization of human rights for the blind and partially sighted.

In 1824, Louis Braille invented this system, which consists of six raised dots on thick paper. He published the first book on his system in 1829. The system was officially adopted in France in 1854, two years after Braille’s death from tuberculosis.

Through the Braille method, people who are blind or have severe visual impairments can read letters in their own or other languages, communicate, and acquire linguistic knowledge. This upholds the principle of equality with their peers and enhances their right to education. This day represents a human achievement worldwide, as it has prevented this significant segment of humanity from being deprived of their right to access human knowledge.

It is essential to emphasize that Braille is not a “language” as the term might suggest, but rather a “code” that facilitates reading many languages, such as Arabic, English, Spanish, Chinese, and dozens of others. This signifies the global spread of the method, enabling individuals to be beneficial members of human societies, capable of positive communication, understanding, and linguistic perception without any hardship.

Protection of Braille Users in International Human Rights Law

With the continuous development of human rights protection and the international community’s progress in establishing international protection instruments, states moved towards adopting an international convention concerning persons with disabilities, known as the Convention on the Rights of Persons with Disabilities (CRPD) of 2006, which entered into force in 2008. Consequently, persons with disabilities, including the blind, gained a legal protection framework outlining their rights and emphasizing the necessity of enjoying equality with others, possessing the same rights without any discrimination. This development is not a favor from states towards these groups but rather a moral, human, and legal duty incumbent upon them to ensure justice for this group and protect them at both international and national levels.

Returning to our topic, the blind or those with visual impairments fall within the scope of the Convention, which provides them with specific protection, similar to their peers.

Article 1 of the Convention states that its purpose is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.”

The Convention defines persons with disabilities as “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”

Article 2 defines the scope of the Convention, stating: “For the purposes of the present Convention: ‘Communication’ includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;”

Article 2 also refers to the concept of language, stating it includes spoken, sign languages, and other forms of non-spoken languages.

Article 2 includes the concept of discrimination on the basis of disability, defining it as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.”

Indeed, the explicit reference to Braille users in the 2006 Convention on the Rights of Persons with Disabilities represents an objective development in affording special protection to this group and supporting them by providing services and information that facilitate their access to the right to education without discrimination and their enjoyment of all their rights on an equal basis with their peers.

Article 21 of the Convention addresses freedom of expression and opinion, and access to information for persons with disabilities, including Braille users (those with visual impairments). It stipulates that “States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention.” Article 21 outlines mechanisms to achieve these measures, including:

Firstly: Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost.

Secondly: Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions.

Furthermore, Article 24 of the Convention addresses the right to education. Paragraph 1 states: “States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning.”

In addition to the right to education, Article 24(3)(a) obliges States Parties to enable persons with disabilities, including the blind, to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including “facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring.”

This day holds great importance for those who suffer from blindness or visual communication impairment, as the world celebrates access to this communication method that has revolutionized the lives of the blind and visually impaired, enabling them to read and write, which is the key to education and other rights.

Undoubtedly, the International Day of Braille reaffirms the necessity of providing all international and national requirements and capabilities to facilitate the necessary means and prepare the atmospheres, conditions, and national possibilities for this group to access their rights to education, work, health, and all other human rights and services. As they are part of society, states are committed to providing them with protection and promoting their rights in all fields of life without discrimination and on the basis of equality.