Submissions: Published response

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30 Nov 2020

What is your organisation’s name? - Organisation name

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What best describes you? - Interest in making a submission

Other (please specify below)

What best describes you? - If you chose 'other', what best describes you?

I am a person with a disability with a child with the same disability and I advocate and help others mitigate EMR in their homes, I am not aware of any Disability organisation that is helping us. I have contacted many.

How familiar are you with the Disability (Access to Premises – Building) Standards 2010? - How familiar are you with the Disability (Access to Premises – Building) Standards 2010?

I am aware of the Standards and am somewhat familiar with the details in them

What has been your experience of access to and within public buildings? - Put your answer in the box

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What do you think the Premises Standards Review should focus on? - Put your answer in the box

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If you have a problem with access to public buildings do you know what options there are to make a complaint? - Put your answer in the box

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What has been your experience of complying with the Premises Standards via the National Construction Code? - Put your answer in the box

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Where do you see opportunities for improvements in the Premises Standards? - Put your answer in the box

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Do you have any general comments? - Put your comments in the box

"Article 9, paragraph 1, requires States parties to identify and eliminate obstacles and
barriers to accessibility to, inter alia:

(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; "
(CRPD General comment No. 2 (2014) Article 9: Accessibility)

The Convention on the Rights of Persons with Disabilities (CRPD) recognises the barriers that people with a disability may face in realising their rights. The rights under all human rights treaties apply to everyone, including people with disability.

I will address both in how they relate to electro hypersensitivity. (EHS)

My family has been directly impacted by wireless radiation, we cannot travel, go to schools or tertiary education and my options for work are severely restricted. Going to the doctor or hospital would cause further harm to us. We cannot go out freely to museums or other public places without harming ourselves. Even our rental options are severely impacted by microwave radiation in the built environment and now being rolled out in our outdoor environments.

"23. Since accessibility is a precondition for persons with disabilities to live
independently, as provided for in article 19 of the Convention, and to participate fully and equally in society, denial of access to the physical environment, transportation, information and communication technologies, and facilities and services open to the public should be viewed in the context of discrimination." (CRPD General comment No. 2 (2014) Article 9: Accessibility)

Many EHS people are prevented from working and living, moving freely about in the community, prevented from freely accessing all the services on an equal basis with others due to the ubiquitous rollout of wireless radiation in our environment. Personally, I homeschool because the Education system does not protect and recognise the need for protecting our children from microwave radiation. Those already sensitised are not catered to in the primary, secondary or tertiary education systems.

Premises standards currently discriminate against and exclude individuals with electro hypersensitivity (EHS). Wireless microwave radiation, is invisible and imperceptible to most people, it does impact us all. For EHS it is like any other allergy, it causes, with varying degrees reactions in the individual preventing them from functioning well within a wireless environment. They cannot hold down a job, often they cannot access medical care, attend a hospital, the basic services everyone else takes for granted. This tech is now invading the last places we can be safe and recover our green spaces, parks children's playgrounds.

Building design and tech delivery, particularly hospitals, doctor's surgeries, schools, universities, shops and shopping centres, public transport... all public services need to provide accommodation, accessibility and inclusion on an equal basis for all people.

Dr Isaac Jamieson is a scientist, architect and environmental consultant. In addition to his involvement with Biosustainable Designs. The majority of his work is involved in creating resilient, safer and more biologically-friendly sustainable environments, materials and technologies. His commentary to the European Economic and Social Committee covers the Human Rights aspect well in relation to EHS and is attached. http://www.biosustainabledesign.org/index.html

Wherever possible building regulations should address the accessibility issues &
inclusive design requirements of those adversely affected by manmade EMFs. Design professionals & the general public need to be properly educated about
electromagnetic hygiene & how EMF risks can be minimised.

":18. Article 9, paragraph 2, stipulates the measures States parties must take in order to
develop, promulgate and monitor the implementation of minimum national standards for the accessibility of facilities and services open or provided to the public. Those standards shall be in accordance with the standards of other States parties in order to ensure interoperability with regard to free movement within the framework of liberty of movement and nationality (art. 18) of persons with disabilities. States parties are also required to take measures to ensure that private entities that offer facilities and services that are open or provided to the public take into account all aspects of accessibility for persons with disabilities (art. 9, para. 2 (b))."

Accessibility as defined by CRPD is not ambiguous. Yet many authorities use as many loopholes as possible to avoid recognising, providing support and adapting an imperfect environment for EHS.

The Medical Perspective on Environmental Sensitivities By: Margaret E. Sears (M.Eng., Ph.D.) " This report addresses issues such as the definition and prevalence of environmental sensitivities; recognition by medical authorities; education and training within the medical community; origins, triggers and symptoms of sensitivities; impact of environmental sensitivities in the workplace; government policies and standards for building codes, air quality and ventilation as they affect individuals with environmental sensitivities; and guidelines for accommodation within the workplace. For people with environmental sensitivities, their health and ability to work rests with the actions of others, including building managers, co-workers and clients.

Accommodating people with environmental sensitivities presents an opportunity to
improve workplace environmental quality and workers’ performance, and may help
prevent the onset of sensitivities in others. "

"The World Health Organization (WHO) acknowledges the condition of electromagnetic sensitivity, and published a 2006 research agenda for radio-frequency fields.239 The WHO recommends that people reporting sensitivities receive a comprehensive health evaluation. It states: “Some studies suggest that certain physiological responses of EHS individuals tend to be outside the normal range. In particular, hyperactivity in the central nervous system and imbalance in the autonomic nervous system need to be followed up in clinical investigations and the results for the individuals taken as input for possible treatment.” (The Medical Perspective on Environmental Sensitivities, C Electromagnetic radiation and fields)

The paper attached CRPD General comment No. 2 (2014) Article 9: Accessibility makes the case for Universal Design. A concept Dr Isaac Jamieson examines and provides discussion on and solutions for with specific focus on the EHS individual.

"The application of universal design makes society accessible for all human beings,
not only persons with disabilities. It is also significant that article 9 explicitly imposes on
States parties the duty to ensure accessibility in both urban and rural areas. Evidence has shown that accessibility is usually better in bigger cities than in remote, less developed rural areas, although extensive urbanization can sometimes also create additional new barriers that prevent access for persons with disabilities, in particular to the built environment, transport and services, as well as more sophisticated information and communication services in heavily populated, bustling urban areas. In both urban and rural areas, access should be available for persons with disabilities to the natural and heritage parts of the physical environment that the public can enter and enjoy." (CRPD General comment No. 2 (2014) Article 9: Accessibility)

EHS functional impairment issues are human rights and disability related. Professor Olle Johansson's paper discusses the issues of EHS and the definition of the condition as a functional impairment which is the product of an imperfect environment not imperfect individual. https://www.national-toxic-encephalopathy-foundation.org/esen.pdf

EHS issues have been addressed over and over again yet we have no resolution. As you can see here this impairment has petitions and mentions on the UN's website. Including some from Australia, and disability organisations in the UK and Sweden.

https://search.ohchr.org/results.aspx?k=electrohypersensitivity%20
Sweden: https://tinyurl.com/y5m42mxy
UK: https://tinyurl.com/yyucxml2

Children’s Health Defense’s (CHD) landmark case against the Federal Communications Commission challenges the FCC’s decision from December 2019 not to review its 1996 radio frequency exposure guidelines regarding human exposure to wireless radiation, including 5G. CHD claims that, considering the overwhelming scientific and human evidence of harm, the FCC’s decision is arbitrary, capricious, not evidence-based and an abuse of discretion. The CHD are specifically raising EHS issues and wireless radiation harm to due to outdated guidelines and a lack of precautionary measures to protect our children and EHS. https://childrenshealthdefense.org/defender/chd-day-in-court-case-against-fcc/

I have submitted many letters, documents, reports to various groups over 11 years to no avail. It would seem we are invisible - too hard to deal with despite rights, rules and regulations such as Article 9: Accessibility which state building standards MUST accommodate us.

Perhaps it will take a big win in the American court system via the Children's Health Defense and some class actions to get you all to pay attention.

https://docs.education.gov.au/system/files/doc/other/name_withheld2.pdf

https://www.education.gov.au/submissions-2015-review-disability-standards-education-2005

Do you want to include a video, audio, image or written submission? - Upload file 1

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Do you want to include a video, audio, image or written submission? - Link to file 1

Do you want to include a video, audio, image or written submission? - Link to file 2

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file:///C:/Users/Coffee%20Stream/Downloads/General%20Comment%20Article%209%20Accessibility%20G1403313.pdf

Response ID

ANON-B55U-HEW2-Q

Unique ID

258075536