Equality / anti-discrimination
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 Equal Treatment Law of 28th November 2006 transposes both EU directives 2000/43/CE and 2000/78/EC. It prohibits discrimination on the grounds of disability in education, employment and goods and services, amongst others.
This is a framework law and does not refer to eAccessibility or other details. It defines direct and indirect discrimination, introduces the sanction mechanism and creates a new centre for equal treatment.
Goods and services equality
The Equal Treatment Law prohibits discrimination on the grounds of disability in the provision of goods and services, but it does not refer directly to eAccessibility and it appears that ‘reasonable accommodation’ does not apply to the provision of goods and services.
Employment equality
Reasonable accommodation is addressed in a general manner: Article 20 of the Equal Treatment Law stipulates that employers shall take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. This burden is not disproportionate if it is compensated by mechanisms envisaged in the article 26 of the grand-ducal regulation of 7 October 2004 related to disabled employed persons.
Education
Article 2.1 of the 2006 antidiscrimination law includes education within its scope.
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We are interested in receiving any corrections and/or additional information that may help us to update or improve our understanding of the current state of affairs in this country concerning the consideration of accessibility issues in the framework of anti-discrimination policy. This may concern information on relevant legislation, other policies and/or the level of accessibility actually achieved. Please enter your contribution in the “Leave a Reply” box below or send an e-mail to meac at empirica dot com.
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