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

Ireland has a number of pieces of equality legislation that include disabled people within their scope – the Employment Equality Acts (1998 to 2004) and the Equal Status Acts (2000 and 2004). Though these Acts do not specifically mention eAccessibility issues, literature published by the Equality Authority in relation to reasonable accommodation and accessible service provision does make direct mention of communication technologies.

The redress procedure is handled by the Equality Tribunal – the institution with the responsibility to hear or mediate, and make decision on complaints of alleged discrimination under equality legislation. It is independent and quasi-judicial and its decisions and mediated settlements are legally binding.

Goods and services equality

In relation to equality of access to goods and services (including accommodation), the Equal Status Act 2000 was amended by the Equality Act 2004 and covers access to services, including public services, education and various other areas (specifically listed in the legislation are banking, insurance, entertainment, cultural activities and transport or travel). The legislation prohibits discrimination, requires reasonable accommodation of people with disabilities and allows a broad range of positive actions.

Reasonable accommodations are special treatment or facilities, without which it would be impossible or unduly difficult to avail of the goods, services, accommodation etc. The obligation only applies if the costs are “nominal”, which depends on the size and resources of the organisation involved. Also, if the state provides grants or aids for assisting in providing accommodations, then there may be an onus on the provider to avail of these.

Remedies provided for include compensation of up to €6,350 and specified courses of action can also be ordered.

Although eAccessibility is not specifically mentioned in the Acts, the literature published by the Equality Authority in relation to reasonable accommodation and accessible service provision makes direct mention of communication technologies, such as telephone services, websites, internet and interactive technologies.
As of yet, there have been few if any cases directly in relation to eAccessibility.

Employment equality

The Employment Equality Act 1998 came into force on the 18th October 1999, and was amended by the Equality Act 2004. The Employment Equality Acts 1998 and 2004 deal with discrimination in relation to employment, including discrimination on disability grounds. They outlaw discrimination in relation to access to employment, conditions of employment, training or experience for or in relation to employment, promotion or re-grading, or classification of posts.

The legislation includes the concept of “reasonable accommodation” for people with disabilities and the definition inserted in the legislation regarding the meaning of “appropriate measures” in the employment context includes “the adaptation of premises and equipment”.

The legislation also provides some guidelines for determining whether the measures would impose a disproportionate burden, stipulating that account should be taken of the financial and other costs entailed, the scale and financial resources of the employer’s business, and the possibility of obtaining public funding or other assistance.

Remedies may include compensation (up to two years pay or €12,700 where a person is not an employee), order for re-instatement or re-engagement, or an order to take a specified course of action. The Act also allows for special measures for persons with a disability in order to facilitate their integration into employment.

There do not yet seem to have been any specific cases taken on eAccessibility grounds.

Education

While there is no specific legislation in relation to eAccessibility of education, several legislative Acts provide specifically for access to education by people with disabilities.

The Education Act (1998) is concerned with promoting equality in Ireland’s educational system. According to this act, educational institutions must provide students with disabilities adequate resources, accommodations and supports to meet their educational needs.

The prohibitions against discrimination on the ground of disability set out in the Equal Status Acts 2000 and 2004 apply to educational establishments.

The Disability Act 2005 also applies to public bodies that provide education. Under the Act, all college personnel must provide information (such as lecture notes, notices, examination timetables) in an accessible format, if requested by students with a visual or hearing impairment. This might include the provision of information on tape, Braille or CD for example. Moreover, any publications containing information that may be relevant to students with an intellectual disability must be provided in a clear language that is easily understood.

Impacts – cases and other activity

There seem to be no reported cases on eAccessibility, per se, as of yet.

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