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 Portuguese constitutional principles guarantee protection against discrimination on the basis of disability. In addition, there is the Law No. 46/2006 of 28 August 2006 on the prohibition and punishment of discrimination on grounds of disability and the existence of a serious risk to health. The purpose of this Law is to prevent and prohibit all discrimination, whether direct or indirect, based on disability in any form and to impose penalties on acts that violate the fundamental rights of disabled persons. The Law also covers discrimination against persons living with a condition that predisposes them to disability or significantly reduced life expectancy. It deals with discrimination in relation to, inter alia, the provision of goods and services and access to public premises, public transport, health services, educational establishments, new technologies, and employment opportunities. However, despite the reference to new technologies, there does not appear to have been any application of this law to eAccessibility issues to date.

Goods and services equality

The Law 46/2006 covers access to goods and services. It is not clear to what extent to date the law has been invoked in relation to eAccessibility issues.

Employment equality

The “Employment (Labour) Code” (Law nº 99/2003) provides for equal treatment in employment and in professional activity. Article 22 of this Code states the right to equality in access to employment and in the workplace by persons with disabilities. The violation of this article is classified as a serious offence. However it appears that eAccessibility is not specifically addressed and it remains unclear whether eAccessibility might fall under reasonable accommodation of workers at the workplace.

Action 6.1 of the National Programme for the Inclusion of Disabled People in the Information Society refers to making available on the Web appropriate information regarding the disabled person and the employer.

Action 6.2 of this programme refers to evaluating and setting up mechanisms to improve the working conditions of the disabled, namely regarding documents and software accessibility.

Action 3.6 refers to promoting the publication of specific legislation in the field of telework, with a focus on disabled people (aspects: vision, hearing, speech and mobility impairments).

Education

Law 46/2006 covers access to educational establishments. It is not clear to what extent to date the law has been invoked in relation to eAccessibility issues.

More generally, Strategy 2.1 of the Ist Action Plan for the Integration of Persons with Disability or Incapacity (PAIPDI) (2006-2009) refers to Education for All and includes several measures to improve access to education by students with special needs. These include increased provision of school books and other extensive reading books in digital format for blind students or students with reduced vision. Action 5.5 of the National Programme for the Inclusion of Disabled People in the Information Society refers to supporting disabled students in higher education through the delivery of accessible contents.

Impacts – cases and other activity

There were no reported cases on eAccessibility in the anti-discrimination context in Portugal to date.

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