PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW The Committee on the Rights of Persons with Disabilities has elaborated at length on the content of the obligation established under article 9. In its general comment No. 2 (2014), the Committee notes that accessibility is intrinsically related to the prohibition of discrimination, stating that: PART TWO – I As long as goods, products and services are open or provided to the public, they must be accessible to all …. Persons with disabilities should have equal access to all goods, products and services that are open or provided to the public in a manner that ensures their effective and equal access and respects their dignity. This approach stems from the prohibition against discrimination; denial of access should be considered to constitute a discriminatory act, regardless of whether the perpetrator is a public or private entity.527 As noted below, in its jurisprudence, the Committee on the Rights of Persons with Disabilities has found States in violation of the relevant Convention for failing to comply with its provisions in the area of accessibility. The Committee on the Rights of Persons with Disabilities draws a distinction between States’ immediate obligation to ensure access to newly designed objects, infrastructure, goods, products and services and the obligation to remove barriers to those that already exist.528 The Committee further clarifies that accessibility is an ex ante duty, which does not require an individual request of access, and an unconditional duty, in that failure to ensure access cannot be excused by reference to the burden on the provider; in both these respects, accessibility is distinguished from reasonable accommodation.529 In its more recent general comment No. 6 (2018), the Committee distinguishes between the “proactive, systemic duty” to ensure accessibility and the “individualized reactive duty” to make reasonable accommodation.530 The proactive and systemic nature of the duty to ensure accessibility in turn entails obligations to establish definite time frames, allocate adequate resources, prescribe the duties of different authorities, establish effective monitoring mechanisms and provide sanctions for those who fail to implement accessibility standards.531 Through these measures, States should ensure that barriers are removed in a “continuous and systematic way, gradually yet steadily”.532 States are obligated to adopt, monitor and promulgate accessibility standards, in consultation with persons with disabilities, and following comprehensive reviews of existing laws; legislation should provide for the mandatory application of accessibility standards and sanctions for those failing to apply them.533 NYUSTI AND TAKÁCS V. HUNGARY534 Two Hungarian nationals with visual impairments filed a complaint before the Committee on the Rights of Persons with Disabilities, arguing that Hungary had failed to ensure accessible banking services for persons with visual impairments, contrary to article 9 (2) (b) of the Convention. Specifically, the claimants argued that OTP Bank, of which they were both paying clients, had failed to provide automatic teller machines (ATMs), which lacked braille keyboards, audio instructions and voice assistance or other mechanisms to ensure accessibility for those with visual impairments. The Committee found that, while the State had taken measures to enhance the accessibility of the automatic teller machines provided by OTP and other institutions, “none of these measures have ensured … accessibility” and that, as such, it had failed to comply with its obligations under article 9 (2) (b). It recommended that the State take measures at both the individual and general levels. In respect of the complainants, the Committee noted the obligation of the State to remedy their lack of accessibility and to provide adequate compensation. At the general level, it noted that the State had an obligation to ensure non-recurrence, including by (a) “establishing minimum standards for the accessibility of banking 527 Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014), para. 13. 528 Ibid., para. 24. 529 Ibid., para. 25. 530 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 24. 531 Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014), para. 25. 532 Ibid., para. 27. 533 Ibid., para. 28. 534 Committee on the Rights of Persons with Disabilities, Nyusti and Takács v. Hungary (CRPD/C/9/D/1/2010), paras. 9.6 and 10 (2) (a)–(c). 67