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 Charter of Rights of Disabled People (1997) includes peoples’ right to access to treatment and medical care, learning in schools together with contemporaries, work in open labour market according to qualifications, life in an environment free of functional barriers, free movement and general use of means of transport, access to information, the possibility of interpersonal communication, and full participation in public life. The Charter is a resolution – it does not guarantee rights, but everyone can refer to it as the basis for equal rights in Poland. It does impose some obligations in relation to the rights of disabled people, but the Charter does not refer to e-Accessibility directly.

Goods and services equality

Section 1.1 of the Charter of Rights of Disabled People specifies the right to “access goods and services enabling full participation in social life.” It is not clear what impact, if any, this resolution has had on the provision of accessible ICT goods and services to date.

Employment equality

Article 11(3) of the Polish Labour Code Act of 26 June 1974 (with further amendments) states that any kind of discrimination at work (including in relation to disability) is prohibited. Amendments to the Labour Code implemented the two EU directives that refer to equal treatment (2000/78/EC and 2000/43/EC). According to Article 18(3a) of the Code, employees should be treated in an equal manner. While in principle the provisions in the Labour Code may be interpreted as also covering eAccessibility, no evidence of practical use in this way could be found.

The Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (27 August 1997, with further amendments) also makes provisions for disabled people to access the labour market. According to Article 8(2.5), it is required that persons with a disability should have access to job opportunities. It states that it is necessary to define some technical means which will make possible or facilitate performing the job by the person with a disability. Article 9 states that social rehabilitation of people with disabilities is aimed at enabling them to participate in social life, which is to be realised through elimination of barriers, including technical, communication and information access barriers. The Act develops one of the rights of disabled people (right to rehabilitation) mentioned also in the Charter of Rights of Disabled People. This legislation is the basis for organising the system of vocational and social rehabilitation – for example PFRON (State Fund for Rehabilitation of Disabled Persons).

Education

As mentioned above, the Charter of Rights of Disabled People (1997) includes the right to learning in schools together with contemporaries, however there is no specific mention of e-Accessibility.

Also, the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (27 August 1997, with further amendments), under Article 47(1.4a) provides that 30% of PFRON’s funds be devoted to tasks such as programmes aimed at social and vocational rehabilitation, especially those that are addressed to disabled people. The PFRON programme is wider than eAccessibility (it covers also costs of education, accommodation, travel cost to the place of learning). The ICT-related issues it addresses are: participation in training and purchasing of things that facilitate or enable/provide access to learning (computer educational programmes, but NOT computer equipment).

To avoid SPAM-abuse of the e-mail address the ‘@’ sign was written as ‘a t’ and each dot ‘.’ as ‘d o t’.
Please change the recipient address of your message accordingly. We apologize for this inconvenience.