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 Law for Equal Rights and Opportunities, Participation and Citizenship of People with Disabilities (Law n° 2005-102 of 11 February 2005) is the overall framework law for equal access to employment, public services, telecoms and broadcasting, and various private services. There are clear obligations imposed for accessibility of online public services. Other laws also create obligations to provide equal treatment and opportunities to people with disabilities at work, in accessing online services, and in the provision of telecommunications services. Some of these result from recent EU directives. However, it is still difficult to refer to concrete measures that these legislative measures have resulted in since the decrees and regulations are still pending. No judiciary cases have been taken on these issues.

Goods and services equality

As mentioned above, Law 2005-102 imposes clear obligations for accessibility of online public services and also covers telecoms, broadcasting and various private services. However, the implications for eAccessibility in these areas have not yet become clear.

Employment equality

Article 24 of the equal opportunities law (No. 2005-102) implements the EU employment equality directive. The law forbids discrimination at work. The law refers generally to equality of treatment for employees with disability. It does not refer specifically to ICT applications and equipment. However, special equipment is included within the reasonable accommodations that employers are obliged to make, and could also be interpreted to require accessibility of ICTs and online services in the workplace. In practice, it appears that this legislation has not been enforced. There have been no actions yet seeking redress, nor legal cases on eAccessibility issues taken by or on behalf of people with disabilities.

Education

There appears to be no direct legislation regarding eAccessibility in education.

Impacts – cases and other activity

There are no reported ant-discrimination or other such cases in relation to eAccessibility as of yet.

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