Social Structures
Author: Silvia Favalli, Post-doctoral research fellow in International law – University of Pavia (Italy)
Since 2019, World Braille Day celebrates the significance of Braille as a means of communication and a gateway to realize human rights of persons who are blind or partially sighted. This day commemorates the birthday of its inventor, Louis Braille, born in France in 1809.
Braille is a tactile writing and reading system and consists of the representation of alphabetic and numerical symbols using six dots. The dot patterns are assigned to each letter and number, but they represent musical, mathematical and scientific symbols as well. It also allows users to develop an understanding of the formal structure of language, such as spacing, formatting and grammar.
Braille has been a key tool for persons who are blind or partially sighted to exercise their rights since it was first developed in the XIX century. In particular, Braille is crucial in the context of education, to allow freedom of expression and opinion and, more broadly, to enhance social inclusion, as reflected in the Sustainable Development Goal (SDG) 4, which focuses on inclusive and equitable quality of education and promotion of lifelong learning opportunities for all.
Braille is mentioned several times in the UN Convention on the Rights of Persons with Disabilities (CRPD). Article 2 CRPD, which defines the term “communication”, lists Braille among the different means and formats of communication accessible for persons with disabilities. Article 9 CRPD on accessibility imposes on States Parties the obligation to use Braille in buildings and other facilities open to the public. Article 21 CRPD on freedom of expression and opinion, and access to information requires Parties to the Convention to accept and facilitate 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. Article 24 CRPD on inclusive education sets out the obligation to employ teachers who are qualified in Braille, in order to facilitate the learning of Braille for students who are blind or partially sighted.
In the context of the COVID-19 pandemic, access to information and reading material in accessible formats, such as Braille, demonstrated to be essential for persons who are blind or partially sighted. Nonetheless, to date, only a tiny proportion of books published is available in Braille worldwide. In order to increase the availability of materials in Braille, on 4 January, 2021, the World Blind Union urged again all States to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, adopted by the World Intellectual Property Organization (WIPO). The Treaty was adopted on 27 June 2013 in Marrakesh. It achieved the deposit of 20 instruments of ratification or accession needed for entry into force on 30 June 2016. The Marrakesh Treaty requires States Parties to introduce a standard set of limitations and exceptions to copyright rules in order to permit reproduction, distribution and making available of published works in formats designed to be accessible persons who are blind or partially sighted or print disabled, including Braille, and to allow exchange of these works across borders by organizations that serve those beneficiaries. Beneficiary include persons who are blind, visually impaired, or print disabled or persons with a physical disability that prevents them from holding and manipulating a book.
To date, the Marrakesh Treaty has been adopted by 76 Parties, including the European Union (EU). In 2014, the EU signed the Marrakesh Treaty mentioned above to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled, and started the transposition process into EU law. Directive (EU) 2017/1564 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled, and Regulation (EU) 2017/1563 on the cross-border exchange between EU and non-EU countries of accessible format copies of certain works for the benefit of persons who are blind, visually impaired or otherwise print-disabled (the so-called Marrakesh Directive and Regulation 2017) have been adopted in 2017 to implement the Treaty. They aim to facilitate the access to print works, including e-books, in formats adapted for persons who are blind, visually impaired or those who have difficulties reading. The deadline for EU Member States to transpose the Directive into national law was 11 October 2018. The Regulation, which is directly applicable in all Member States, entered into force on 12 October 2018. Lastly, in February 2018, the Council adopted Decision 2018/254 approving the conclusion of the Marrakesh Treaty and the EU became a party to the treaty on 1 January 2019.
Alongside the ratification and implementation of the Marrakesh Treaty, the EU has recognized the importance of Braille and promotes its use through other several acts. For instance, Directive 2004/27/EC, relating to medicinal products for human use, requires that the name of the medicinal product must be expressed in Braille format on the packaging of medicinal products. Directive 2006/112/EC on the common system of value added tax allows Member States to apply a reduced VAT rate for some goods and services used by persons with disabilities, including audio books and books in Braille.
By celebrating the World Braille Day, we want to recognise the key role played by Braille in ensuring that persons who are blind or partially sighted have equal access to information and reading materials. It is essential to continue promoting Braille literacy worldwide as part of the ongoing efforts to ensure accessibility for persons with disabilities.