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

Article 3 of the Constitution provides that all citizens have equal status and equality before the law regardless of, amongst other things, “personal or social conditions”. This appears to include people with disabilities.

Law No.67 of 2006 (Measures for the Judicial Protection of Persons with Disabilities who are Victims of Discrimination) aims to further promote the full implementation of the principle of equal treatment and equal opportunities in the Framework Act for Assistance, Social Integration and the Rights of People with Disabilities (Law of 5th February 1992, no. 104). Under the 2006 law, discrimination is defined to include both direct and indirect discrimination, however there is no direct reference to eAccessibility issues. The 1992 Framework Act commits the Government to undertake initiatives for improving accessibility of television and telephone services to people with sensory impairment, and to facilitate diffusion of ICT among people with disabilities. However, this does not seem to have been invoked to any substantial degree in relation to eAccessibility.

Goods and services equality

There appears to be no direct legislation or regulation prohibiting discrimination in the provision of electronic goods and services, notwithstanding the general provisions against discrimination in the Constitution and in Law No.67 of 2006.

Employment equality

The EU Employment Equality Directive was transposed into Italian law by the Government Decree No 216, 2003. There is no direct reference to eAccessibility, nor does there seem to be any reference to reasonable accommodation in the Decree.

Education

Under Article 38 of the Constitution, people with disabilities have a right to education and vocational training. There is no direct reference to eAccessibility.

Impacts – cases and other activity

There do not appear to have been any cases taken yet specifically regarding eAccessibility issues.

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