MeAC – Measuring Progress of eAccessibility in Europe

Policy approaches based on equality / anti-discrimination legislation have considerable potential in the eAccessibility field. Such approaches can provide people with disabilities – individually or collectively – with a right to seek redress if they are confronted with inaccessible ICT equipment or services, either in relation to ICT-based goods and services in a general sense or in relation to specific usage contexts.

Legislation/regulations

The Disabled Persons Equal Opportunities Act 2005 does not make specific reference to eAccessibility, however it does regulate the possibility for appealing to arbitration proceedings in cases in which people with disabilities feel that they are discriminated against. The equality legal framework is also related to the public area for consumer protection. The relation between both Acts is that access to services offered in public are also within the scope of the Consumer Protection Act.

If the requirement for equal treatment is felt to be violated, the case can be brought before the court through the Schlichtungsstelle (an arbitration board at the Federal Ministry of Social Security, Generation and Consumer Protection). There is also the Klagsverband (Litigation Association of NGOs Against Discrimination). The Klagsverband is an NGO (and in comparison to the Schlichtungsstelle it does not have the legal basis of a federal authority), to whom a person with disability can report discrimination by service providers. The Association gets in contact with the public organisation or the company and negotiates. If the problem cannot be solved through negotiations, the Association can bring the “offending party” to court.

Goods and services equality

As described above, the Consumer Protection Act in combination with the Equal Opportunities Act has provided for non-discrimination in relation to services offered in public. eAccessibility appeals have been successfully taken by individuals – one in relation to website accessibility of a mobile telephony operator and the other in relation to subtitling provisions by the public broadcaster – and these have had a more generalised impact. Another has been initiated in relation to the e-booking service of a major airline.

Employment equality

The Disabled Persons Employment Act (as amended by the Disabled Persons Equal Opportunities Act) is linked to the implementation of the EU employment directive. There is no direct reference to eAccessibility in regard to employment equality.

Education

Information on eAccessibility in relation to education was not reported.

Impacts – cases and other activity

The main ‘cases’ of relevance to date appear to be the appeals taken by the Klagsverband in relation to website accessibility, e-booking accessibility and subtitling of TV broadcasts.

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