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 Equal Opportunities Act (Disabled Persons) 2000 (EOA) is inspired by the American Anti-Discrimination Act, the UK Disability Discrimination Act and the Australian Disability Discrimination Act. It covers six areas: education, employment, goods and services, access, insurance and accommodation. At present Information and Communications Technology (ICT) relates mostly to the first three areas.

The Equal Opportunities Compliance Unit within the KNPD was set up on the basis of this legislation. It is charged with promoting equality of opportunity and implementing the provisions of the Equal Opportunities Act (Disabled Persons). The Unit investigates allegations of discrimination on the basis of disability.

Goods and services equality

The Equal Opportunities Act (Disabled Persons) covers goods and services. The KNPD has been active in promoting equality of opportunity of access to goods and services. For instance in 2006-7, KNPD and FITA held discussions towards making the websites of various entities accessible, including religious institutions, telecom companies, banks and public services.

Employment equality

The Equal Treatment in Employment Regulations (Subsidiary Legislation 452.95) and amendments in 2007 and 2008 implement the EU Employment Equality Directive. The regulations prohibit both direct and indirect discrimination in employment. In particular, reasonable accommodation in employment was added by Legal Notice No.53 of 2007. Reasonable accommodation is taken to mean not imposing a ‘disproportionate burden’.  It seems not to have been directly invoked in relation to eAccessibility issues as of yet.

Education

The Equal Opportunities Act prohibits discrimination in education. Most cases appear to relate to physical accessibility. Complaints have been raised regarding special provision for students with a disability during examinations, and one issue has been the use of ICT during exams.

Impacts – cases and other activity

One of the main aims of KNPD is to investigate complaints regarding a failure to comply with provisions of the Equal Opportunities (Persons with Disability) Act. The Equal Opportunities Section of the Secretariat of KNPD is in charge of this work. There have been quite a few complaints related to eAccessibility that are under review however these are not quantified separately.

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