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 – general

The Law 51/2003 on Equal Opportunities, Non-Discrimination and Universal Accessibility of People with Disabilities transposes the EU Employment Directive but is also a more ambitious framework law that links accessibility to design-for-all (DFA) and independent living. It establishes the basic accessibility conditions, without prejudice to regions’ competences. The law covers telecoms, information society, urban public spaces, infrastructures and buildings, transport, goods and services for the public and relations with public administrations.

Law 51/2003 also makes extensive provisions for positive action measures: “the measures to make adequate the physical, social and attitudinal environment to the specific necessities of persons with disability, that in an efficient and practical way and without taking on a disproportionate burden, facilitate the accessibility or participation of a person with disability in an equality of conditions to those of other citizens.”

Law 49/2007, of December 26th, establishes the regime of infractions and penalties in the area of equality of opportunities, non discrimination and universal access for people with disabilities, provides a definition of infractions (three levels: weak, severe or very severe) for several cases and defines economic penalties.

Law 27/2007 of 23rd October provides official recognition of Spanish Sign Language. While not imposing obligations, it sets up the national standardization centre for Spanish Sign Language.

Goods and services equality

Law 51/2003 on Equal Opportunities, Non-Discrimination and Universal Accessibility of People with Disabilities establishes the basic conditions of accessibility and non-discrimination for access and use of technologies, products and services related to the information society and social communications media.

Under Law 51/2003, the government had two years to establish the basic conditions for the access and use of ICT technologies, products and services. The conditions were to be met within 4-6 years for all new products/services; 8-10 years delay for existing products and services susceptible to reasonable adjustments.

The Law also includes references to have a training curriculum in the field of design for all functioning in all relevant educational programmes, two years from the entry of the law.

Law 51/2003 extends the reach of law 34/2002, and includes design for all as a consideration into all technologies, products and services from their conception to roll out on the market. Its importance is related to the fact that it addresses all environments, products and services that need to be open, accessible and practicable for all. It includes clear deadlines for the realisation of the necessary adaptations. Its execution is laid down in the National Accessibility Action Plan 2004-2012 and the Action Plan for people with disabilities 2003-2007.

One of the major changes with respect to 34/2002 is the shift / reversal regarding the burden of proof – it is now the defendants who need to prove their innocence in case of alleged discrimination.

Employment equality

Law 62/2003 on fiscal, administrative and social order states that “employers are obligated to adopt the adequate measures for the adaptation of the work position and the accessibility to the company, according to the necessities of each specific situation…..”

Education

It is not clear whether there are any direct legislative or regulatory obligations in relation to eAccessibility of education.

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