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 General Equal Treatment Law (the AGG) came into effect in August 2006 and prohibits discrimination on the grounds of, inter alia, disability. The law covers access to employment, education, health service, social security, public services and goods and living space. It implements the EU equal treatment directives. No specific reference to eAccessibility is made in the AGG. It is still to be seen whether it will be applied in relation to eAccessibility.

The Federal Disability Equality Law (the BGG, 2002) is relevant for ensuring access to services, and within this piece of legislation there is a direct reference to eAccessibility in that it requires barrier-free design of federal web pages. It also includes a right of access to support from sign language interpreters. A direct reference to assistive technology can also be found (in Section 9), and it is stipulated that people with hearing and communication impairments have the right to get adequate technical communication aids.

At Länder level, most Länder (14 of 16) have implemented anti-discrimination legislation in line with the federal law and include the same references to eAccessibility and assistive technology. In the legislation of a few Länder, barrier-free internet is not mentioned (two Länder) and in one case, communication aid is not part of the law. Additionally, three Länder have widened the scope of the federal law, with regulations for other media, public broadcasting and television. The law in these Länder calls for audio description for blind people and subtitles for people with hearing impairments.

Goods and services equality

The General Equal Treatment Law (the AGG) came into effect in August 2006 and prohibits discrimination on the grounds of, inter alia, disability. The law covers access to the health service and to public services and goods. It implements the EU equal treatment directives. However, no specific reference to eAccessibility is made in the AGG.

The BITV regulation, which refers to barrier-free information technology (and in particular, electronic content and information), stipulates the right of registered disability organisations to call upon private sector companies or relevant umbrella organisations to begin negotiation to generate ‘targeted agreements’ that regulate the technical measures to be undertaken by the private company to implement the BITV. Key elements that have to be addressed include

1. specification of the parties concluding the “target agreement” and of its scope and duration,
2. specification of minimum requirements on how relevant offerings are to be changed so that they are accessible by disabled people, and
3. a deadline or schedule by when the minimum requirements must be fulfilled.

One agreement on eAccessibility has already been signed with one large private sector company.

Employment equality

The General Equal Treatment Law (the AGG) came into effect in August 2006 and, inter alia, covers access to employment and implements the EU employment equality directive. No specific reference to eAccessibility is made in the AGG.

Various pieces of legislation cover provision of assistive technology in the employment context – including the SGB IX, the Law to Combat the Unemployment of the Severely Disabled (2000), the “Schwerbehinderten-Ausgleichsabgabeverordnung” law (SchwbAV), and the “Bildschirmarbeitsverordnung” regulation on the use of computer monitors in the workplace (mentions, amongst others, the special needs of disabled workers).

Education

The General Equal Treatment Law (the AGG) covers, inter alia, access to education. No specific reference to eAccessibility is made in the AGG.

Impacts – cases and other activity

Other than a negotiated agreement on web site accessibility between disability organisations and a large private company, no cases or other anti-discrimination activity in relation to eAccessibility was reported in Germany.

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