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

In Belgium, the Anti-discrimination Law of 2003 covered employment and also goods and services. This law was replaced by the Law of 10 May 2007 which also implemented the EU Employment Directive. Though neither the 2003 nor the 2007 law specifically mentions issues of eAccessibility, the latter does include the concept of reasonable accommodation. In an agreement of 19 July 2007 reached between federal, community and regional governments, the concept of reasonable accommodation has been defined. In terms of eAccessibility issues, the agreement lists examples of  measures of reasonable accommodation which include equipment to aid communication for people with sensory disabilities and a phone, screen or keyboard adapted to the individual. It is reported that the unit of the Flemish government works to try to encourage accessibility of public websites and that the Anti-discrimination Law of 2003 triggered a number of activities addressing web accessibility.

Goods and services equality

The 2003 anti-discrimination law stated that all public and private organisations that offer goods and services to the public must assure a ‘reasonable degree of accessibility’, though eAccessibility is not specifically mentioned in the law or in any related regulations. This law was updated through the law of 10 May 2007 which prohibits both direct and indirect discrimination in the provision of goods and services on the ground of disability. While the 2007 Law does not appear to make reference to eAccessibility issues apart from the general injunction to make reasonable accommodation, the July 2007 agreement between the federal, community and regional governments does include examples of communications equipment within its examples of reasonable accommodation measures. 

Employment equality

The 2003 anti-discrimination law covered employment but did not specify eAccessibility. The 2003 Anti-discrimination Law was replaced by the Law of 10 May 2007 to fight against certain forms of discrimination. This law implements the EU Employment Directive. It does not make specific reference to eAccessibility issues, though it contains the concept of reasonable accommodation and the agreement on reasonable accommodation described above would apply. Le Centre pour l’égalité des chances et la lutte contre le racism is an equality body that has powers to take complaints and cases under the 2007 law. Some complaints have been made to the Centre pour l’égalité des chances et la lutte contre le racism regarding discrimination in access to employment, however none to date have concerned eAccessibility.

 

Education

The Anti-discrimination Law of 2003 covered education but did not specify eAccessibility. The Law of 10 May 2007 does not state that it covers education, but this may be included under provision of goods and services. Some complaints have been made to the Centre pour l’égalité des chances et la lutte contre le racism regarding discrimination in access to education, however none to date have concerned eAccessibility.

Impacts – cases and other activity

It appears that no cases have been taken to date regarding discrimination on the basis of lack of eAccessibility.

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