DOTCOM: the Disability Online Tool of the Commission
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C. Accessibility
C1. Transport accessibility
Accessibility of all kind of public transport services is covered by the Federal Disability Equality Act. The Act defines as ‘accessible’ a means of transport that can be used by people with disabilities without any particular difficulty and, in principle, without any external help. Every public transport company had to design a step-by-step plan for making all of their facilities accessible by the end of 2015. The Federal Disability Act provides a claim for financial compensation of the material or immaterial damage suffered in the case of discrimination. As of 1 January 2018 the following changes of the Federal Disability Equality Act came into effect that might be applicable to transport companies:
- Class action suits may be taken to the Court not only by the Austrian Disability Council but also by the Federal Disability Ombudsman and by the Austrian Litigation Association of NGOs Against Discrimination;
- Injunctive relief, as well as the elimination of discrimination, may be enforced against big incorporated companies.
A blind man submitted a complaint to the UNCRPD Committee under the optional protocol which was replied to in 2015. The UNCRPD Committee has recommended Austria to improve accessibility of written information with regard to public transportation.
Links
- Federal Disability Equality Act
- A brochure on accessible mobility on the basis of the Federal Disability Equality Act published by the Federal Ministry for Transport, Innovation and Technology
- Communication No. 21/2014 Information on the individual complaint of a blind man to the UN-CRPD Committee under the optional protocol (in English)
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C2. Built environment accessibility
Accessibility of the built environment is covered by the Federal Disability Equality Act as far as federal buildings and private businesses are concerned. The Act says that access is given if buildings or services offered to the public can be used by people with disabilities without any particular difficulty and in principle without any outside help. According to the Federal Disability Act, a step-by-step plan was established to make all federal buildings accessible by the end of 2015. In 2010, the federal government introduced the option to postpone this deadline until 2019 in the framework of consolidating the budget. The Federal Disability Equality Act provides grounds for a claim to compensation for facing barriers but it does not provide any obligation or claim to remove barriers. Due to the long period of transition for the implementation of the Act by 2015, steps to eliminate physical barriers are taken at the discretion of businesses in line with their economic priorities. Apart from Federal buildings, building laws are the responsibility of the nine provinces and nine further laws cover the issue of accessibility differently. Additionally, each province has individual technical regulations for planning and buildings. The provincial laws as well as the technical regulations deal with accessibility quite differently with regard to standards and quality, for private as well as for public buildings. No comprehensive overview is available on the overall situation in Austria. In 2005, the Austrian Parliament passed a resolution that requested the Minister for Social Affairs to negotiate with the provinces for a unified contract for accessibility provisions in the planning and building laws. This led to standard guidelines on accessibility for planning and building which were developed by the Austrian Institute for structural engineering in 2007 and which were also agreed upon with all provinces. In 2015 the guidelines for user security and accessibility were changed. According to the second Alternative Report for the next state review by the UN CRPD Committee, legal regulations with regard to making buildings and public spaces accessible have deteriorated in some provinces since the first state review in 2013.
Links
- Guidelines for user security and accessibility published by the Austrian Institute of Construction Engineering
- Federal Disability Equality Act
- Second alternative report on the implementation of the UN-CRPD submitted by the Austrian Disability Council
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C3. ICT and Web accessibility
Accessibility of information processing is covered by the Federal Disability Equality Act as far as federal responsibilities and private businesses are concerned. The Federal Disability Act does not establish any obligation for removing barriers in the case of discrimination, it only provides a claim for a low level of compensation. Austria signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled but has not ratified it.
Links
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Belgium
C. Accessibility
C1. Transport accessibility
On the legislative level a few measures have been taken concerning adapting the transport infrastructure to the needs of persons with disability and persons with limited mobility (stations, platforms, entrance zones)) and sanctions are foreseen so that the rights and duties of the train traveller are not violated. There is a contract between the Federal state and the three National Associations of the Belgian Railways (NMBS Group), which concerns personal mobility of persons with disability. The NMBS Group also offers other advantages such as price discounts.
The Ordinance (EC nr. 1107/2006) of the European Parliament and the Council of the EU of 5 July 2006 concerning the rights of persons with disability and persons with reduced mobility when travelling by air, is converted in a Belgian law. It protects persons with disability or with reduced mobility who travel by air transport. The Belgian maritime and inland shipping law states that a person with disability or reduced mobility should enjoy a non-discriminatory treatment on board of a ship. They foresee a minimum prescription concerning informing all passengers during their travel and concerning the general rights of persons with disability or reduced mobility in the terminal and on board ship.
The regional transport companies also need to control the accessibility for persons with disability:
- The Flemish government is committing itself to making public transport (De Lijn) more accessible, physically as well as psychologically. Besides this, the Flemish government finances transport services for persons with disability who cannot use regular public transport
- The Flemish Minister of mobility points out that there is a shortage of adapted public transport for persons with disability or severely reduced mobility. The Flemish government has taken some initiatives in the form of pilot projects but there is not yet a decree to develop the system of services of adapted transport.
- The policy contract of 2005-2010 which the Walloon Region, and the public transport (the SRWT and TEC) agreed to, had several specific goals such as: to arrange lower floors in busses and platforms adapted to persons with disabilities and reduced mobility.
- The policy contract of public transport in Brussels (MIVB) has developed a strategy concerning the accessibility for persons with disabilities and reduced mobility.
In 2012 ‘MeerMobiel’ was introduced by the Flemish Minister of Mobility and Public works, Hilde Crevits. It applies to Flanders and the Brussels-capital-region. It is some kind of a database with an overview of all alternatives of transportation means. This ranges from public transport (stop-to-stop) by train, bus, tram, metro to taxi, voluntary transport (door-to-door), etc.
Links
- Ordinance (EC nr. 1107/2006) European Parliament and the Council of the EU of 5 July, 2006 concerning the rights of persons with disability and persons with reduced mobility when travelling by air
- MeerMobiel Mobility
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C2. Built environment accessibility
With the programme ‘Metropolitan policy’ (GBS) the federal government set contracts with the cities and the municipalities of the three regions to develop local projects concerning social cohesion and to decrease the ecological footprint and the aura of the cities. The organisation ‘Equal Chances in Flanders’ organises awareness raising and information campaigns, specifically for the construction sector. This is in the context of Decree of 10 July 2008 that regulates the structural cooperation of relevant partners in society.
The Walloon Government supports programmes concerned with improving the accessibility of persons with disability or reduced mobility to e.g. public institutions (Article 8 of the Decree of 6 April 1995) concerning the integration of persons with disability). In the French speaking Community there is a general framework for fighting the disability-based discrimination (Decree of 12 December 2008 concerning combating forms of discrimination). In the Brussels Metropolitan Region a regional coordinator for accessibility in the office of ‘Equal Chances and Diversity’ of the Ministry of the Brussels Metropolitan Region has the task of disseminating information and coordinating necessary actions. The government of the German speaking Community sets out the basic concept of accessibility of the buildings on their territory in the Decree of 12 July 2007. It sets the accessibility of subsidised infrastructure for people with disabilities. The Order of the Brussels-capital-region of 18 December 2008 acknowledges assistance dogs and sets requirements for the accessibility of public places. The Decree of 9 July 2010 by the French community concerning the battle against several forms of discrimination and the concept of equal treatment sets the definition of 'reasonable adaptations'. The Decision of 28 May 2009 concerning specialised services for accessing society for persons with disability sets the technical, architectural, functional and behavioural aspects of the accessibility of social spaces.
Concerning the technical prescriptions and guidelines of accessibility, several measures were also taken:
- The Flemish Decree of 5 June 2009: regionally urban development regulation concerning the accessibility of public buildings.
- The Walloon Code (1995) of Land Management, Urban Planning, Heritage and Energy (CWATUPE); more specifically article 414 and article 415 guarantee the accessibility to public and private buildings for persons with disability or reduced mobility.
- In the Brussels Metropolitan Region there are rules concerning the adaptation of public spaces, set in the Regionally Urban Development Regulation.
Links
- The Flemish Government equal chances policy of 10 July 2008
- Decree by the French community for fighting the discrimination based on disability of 9 July 2010
- Decision by the French community committee concerning the specialised services for accessible society for persons with disability of 28 May 2009
- Decree by the Walloon government concerning accessibility for persons with disability or reduced mobility of 6 April 1995
- Order by the Brussels-capital-region concerning the assistance dogs and the accessibility of public places of 18 December 2008
- German speaking Community basic concept of accessibility of the buildings on their territory
- The Flemish Decree of 5 June 2009
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C3. ICT and Web accessibility
‘AnySurfer’ is the quality label assigned for accessible websites in Belgium despite the fact that there is no law in Belgium which obliges companies to ensure the accessibility of their websites to persons with disability. There is, however, the Law of 10 May 2007, which defines the lack of reasonable adaptations for persons with disability as equivalent to discrimination. Any form of direct or indirect discrimination is prohibited when providing public services. In the Belgian ratification (July 2009) of the UN Convention, the right to access to information on the internet is emphasised. The Flemish government wants all websites to be labelled ‘Anysurfer’. The Equal Chances in Flanders Group wants to stimulate organisations in the private sector and in the media to make their information more accessible for persons with disability. Since 2002 the Walloon government has been working on the National Action Plan to close up the digital gap and realise the label of 'Anysurfer' for their websites. Furthermore, the Brussels Metropolitan Region is trying to realise this label for all its websites. The French Community states in their Declaration concerning the community policy (2009-2014) that they want to realise an increase in the number of labelled websites.
The European directive (EU 2016/2102) on making the websites and mobile apps of public sector bodies more accessible was published on 2 December 2016 and entered into force on 22 December 2016. People with disabilities – especially persons with vision or hearing impairments – will have better access to the websites and mobile applications of public services. Member States, including Belgium, had until 23 September 2018 to transpose the text into their national legislation.
By September 2019 all new websites need to meet the guidelines of accessibility, and by September 2020 all remaining websites of the public sector need to be accessible.
For Belgium in general, Law of the Federal Government concerning the accessibility of websites and applications of the federal public service of 19 July 2018 is applicable.
Links
- 'Anysurfer' quality label for accessible websites in Belgium
- International guidelines for the accessibility of web content
- EU directive 2016/2102
- Web accessibility EU
- EU directive 2016/2102 in Flanders
- E-accessibility monitoring
- Law of the Federal Government of 19 July 2018
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Bulgaria
C. Accessibility
C1. Transport accessibility
Anti-discrimination legislation requires all transport-related agents such as government agencies, operators, etc. to ensure that their services are available to all citizens. In addition, the Integration of Persons with Disabilities Act provided that the Ministry of Transport is responsible for the elaboration of legislative acts and standards for: ensuring accessible public transport; introducing technical devices into the public space and transport facilitating mobility of persons with disabilities; ensuring special conditions for movements, parking, stay of vehicles led or transporting persons with disabilities; ensuring of non-problematic access to public transport of persons with disabilities and their accompanying dogs (Art. 34).
The Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 was transposed into the Road Transport Act in which introduced provisions ensuring accessible bus stations and sanctions for violation of this obligation. The Road Transport Act establishes the requirements of the parking card allowing its owner to park in designated places for persons with disabilities and to use facilitated access to them.
Ordinance 2 of 15 March 2002 for Transport Schemes and Public Bus Transport requires municipal councils to ensure that the city and intercity bus lines are adapted for persons with disabilities and limited mobility. According to this Ordinance, 35% of the total number of bus routes should be operated by buses adapted to the needs of persons with disabilities. The tender eligibility requirements for bus transport providers contain obligatory requirement for availability of equipment of the vehicles for transportation of persons with disabilities. In cities with population over 100,000 citizens, the Ordinance requires that at least one main and one additional line are performed only by buses equipped to transport persons with disabilities.
Ordinance 33 of 3 November 1999 sets the accessibility requirements for bus stations such as: availability of a platform or ramp for wheelchairs allowing access to buses; appropriate access from the street to the bus station and to the buses, in waiting rooms, ticket offices there should be at least one accessible toilet. Ordinance H-32 of 16 December 2011 for periodic technical inspection of the public transportation vehicles regulates the technical requirements for the vehicles for persons with disabilities.
Railway Administration Agency implements Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations. Regulation (EC) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility is also implemented in Bulgaria. A National Plan for its implementation from December 2016 reports in detail about the numbers and locations of railway stations and stops partially accessible for persons with disabilities and those that would be adapted in the future to comply with the Regulation. Only eight long-distance trains serve persons with disabilities on a daily basis. To benefit from the railway transport a person with disability needs to request the support one day before the trip. Around 1,000 persons with disabilities a year use this service (while persons with physical and sensory disabilities who need support in transport are over 100,000).
In its concluding observations (October 2018) the UNCRPD Committee expressed concerns that the public transport and services in Bulgaria are still not fully accessible for persons with disabilities and recommended to make public transport and services fully accessible, including through the application of monitoring mechanisms in private and public sectors, fines and sanctions, and public procurement procedures.
Links
- Ministry of Transport, Information Technologies and Communications
- UN CRPD: Concluding observations on the initial report of Bulgaria of 22 October 2018
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C2. Built environment accessibility
Since 1995 two laws have required owners/investors to ensure that the built environment, especially public facilities, is made accessible for disabled people. The Protection from Discrimination Act, passed in 2003, bans discrimination on the grounds of disability. Article 5 of this Act declares ‘construction and maintenance of an inaccessible environment’ to be direct discrimination, and this has allowed many physically disabled people, individuals with visual impairments and disabled people’s organisations to challenge public and private entities about inaccessible environments. The Regional Development Act sets out the legal basis for full accessibility of the built environment, including a requirement for planning of adaptations where needed. Ordinance 4 of 1 July 2009 for planning, implementation and maintenance of building constructions in compliance with the requirements for accessible environment for the population including for persons with disabilities, enforced on 7 July 2009) contains all standards that make the built environment (newly built and renovated) accessible. Most of the urban environment is not accessible and rural areas are even less so. Official data on accessibility of the environment is not available.
Under the Integration of Persons with Disabilities Act (IPDA) the municipalities are responsible for ensuring accessibility of kindergartens, schools and public or special transport, as well as for providing persons with permanent disabilities with municipal housing (Art. 38 and 48). According to para. 6 of the IPDA the state and municipalities were obliged to ensure access for persons with disabilities to public buildings owned by the state and municipalities until 31 December 2006. This had not yet happened 10 years after the adoption of that Act. A concept paper for legislative amendments regarding accessibility in compliance with Art.9 of the UNCRPD was prepared and discussed with the National Council for Integration of Persons with Disabilities in 2015. The paper was not approved, and the new deadline for its elaboration under the 2015-2020 Action Plan was set for 2016 and the deadline for elaboration and adoption of the amendments is 2020.
In its concluding observations (October 2018) the UN CRPD is concerned that Bulgaria’s legislation does not fully comply with the provisions of Article 9 of the Convention and that persons with disabilities face physical barriers, particularly in remote and rural areas. The Committee recommends that Bulgaria, in accordance with general comment No. 2 (2014) on accessibility: harmonize its legislation fully with the provisions of Article 9 of the Convention and intensify its efforts to work towards the creation of barrier-free environments throughout the country, including in remote and rural areas.
Links
- Regional Development Act
- Ordinance 4 of 1 July 2009 for planning, implementation and maintenance of building constructions in compliance with the requirements for accessible environment for the population including persons with disabilities, enforced on 7 July 2009
- UN CRPD: Concluding observations on Bulgaria 22 October 2018
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C3. ICT and Web accessibility
Anti-discrimination legislation requires websites to be accessible for disabled people. Most of the official websites of the Bulgarian government institutions are accessible to the standards of the Web Accessibility Initiatives.
The Electronic Communications Act was amended in 2011 to provide for compliance with all EU legislation and regulations and explicitly mentions the protection of rights and interests of persons with disabilities in Art.4 and 227. Ordinance for Electronic Administrative Services also contains provisions for accessibility for persons with disabilities. A 40-pages concept paper for the needed policy and legislative amendments for the implementation of Art.21 of the UNCRPD was elaborated and adopted in 2015; the amendments are planned to be adopted until 2020.
In its concluding observations (October 2018), the UNCRPD recommended that Bulgaria should intensify efforts to ensure full accessibility of ICT, including to all persons with all types of impairments.
Links
- Web Accessibility Initiatives
- Electronic Communications Act in English
- Ministry of Education: Concept for Legislative Amendments for Implementation of Art. 21 of the UNCRPD
- UN CRPD: Concluding observations on Bulgaria 22 October 2018
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Croatia
C. Accessibility
C1. Transport accessibility
Law on Obligatory and Proprietary Rights in Air Transport (Articles 9e, 9h, 31c-31s, Official Gazette 132/1998, 63/2008, 134/2009, 94/2013) obliges the airports to ensure human and technical services to assist persons with disabilities at arrival and departure, and to provide a transfer by an adapted vehicle. Daily public transport for persons with disabilities and children with developmental difficulties to work, university, school, to recreational activities and work therapy is organised in the City of Zagreb by a city transport company.
Law on Road Traffic Safety (Official Gazette 67/2008, 48/2010, 74/2011, 80/2013, 158/2013, 92/2014, 64/2015,108/2017) provides local and regional self-government units with a possibility to regulate traffic on their territories, which includes ensuring free parking for vehicles of persons with disabilities, reserved parking spaces on public parking lots or in front of residential buildings regardless of whether these are public parking lots, and the possibility to issue licenses for movement and stay of vehicles of persons with disabilities on public spaces on which traffic is limited or prohibited. Specifically, Law on Road Traffic Safety (Art. 40, Official Gazette 67/2008, 74/2011, 80/2013) and By-law on accessibility (Official Gazette 78/2008) prescribe that persons with physical disability of 80% or above, and persons with lower extremities' disability of 60% or above, may have the vehicle in which they are transported marked with the accessibility sign, which enables them to park the vehicle in parking spaces specially marked for this purpose.
Law on roads (Art. 88, Official Gazette 84/2011, 22/2013, 54/2013, 148/2013, 92/2014) and By-law on procedure for achieving the right on exemption from paying annual fees for using public roads (Official Gazette 136/2011) declare that persons with physical impairments that have as a consequence lower extremities’ disability of 80% or above and the Croatian disabled war veterans with 100% physical disability, have the right to be exempt from paying tolls ('smart' card) for one personal vehicle in their ownership, and persons with physical disability of 80% or above, and persons with determined physical disability that has as a consequence lower extremities’ disability of 60% or above do not pay the annual fee for using public roads for one personal vehicle in their ownership.
Provision of driving lessons for persons with disabilities is regulated by Law on Road Traffic Safety (Official Gazette 67/2008) and By-law on training on candidates for drivers (Official Gazette 132/2017) which in Article 13 states that driving classes for persons with disabilities can be realised in their own vehicles, and are carried out in accordance with the special instructions provided by an authorised expert organisation.
In accordance with Art. 8 of Law on Privileges in Domestic Passenger Transport (Official Gazette 97/2000, 101/2000), persons with disabilities have the right to get a discount of up to 75% from the regular ticket price in domestic passenger railroad or maritime transport for four trips per year, and also the right to free travel for a person accompanying them.
According to By-law on ensuring accessibility of buildings to persons with disabilities and reduced mobility (Official Gazette 78/2013) the obligations of providing accessibility for persons with disabilities also include public transport buildings such as: airports; bus and train stations; bus and tram stations; train platforms; passenger buildings at ferry and boat terminals; highway rest areas; public parking spaces; public parking garage with capacity for 300 or more vehicles; gas stations, etc.
Links
- Law on Obligatory and Proprietary Rights in Air Transport (Official Gazette 132/1998, 63/2008, 134/2009, 94/2013)
- Law on Road Traffic Safety (Official Gazette 67/2008, 48/2010, 74/2011, 80/2013, 158/2013, 92/2014, 64/2015,108/2017)
- Law on Roads (Official Gazette 84/2011, 22/2013, 54/2013, 148/2013, 92/2014)
- Law on Privileges in Domestic Passenger Transport (Official Gazette 101/2000)
- By-law on ensuring accessibility of buildings to persons with disabilities and reduced mobility (Official Gazette 78/2013)
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C2. Built environment accessibility
The accessibility of buildings for persons with disabilities in accordance with the Law on construction (Official Gazette 153/2013, 20/2017) is regulated by the By-law on ensuring accessibility of buildings to persons with disabilities and reduced mobility (Official Gazette 78/2013). Obligations from this By-law apply to all public and business buildings, and to residential and residential-business buildings. This includes buildings for trade, hotels/restaurants and/or other tourist purposes; postal and/or telecommunication offices; provision of cash services and other financial services; administration and similar buildings; health, social care and rehabilitation facilities; buildings where persons with disabilities often stay for education, culture, sport and recreation, and entertainment; buildings for religious purposes; for executing prison sentences; public spaces and areas, and other buildings such as fairs, public toilets, public shelters, etc. Control of the accessibility provisions implementation is performed in all phases of the construction of a building: starting from its design, and continuing throughout the construction and/or reconstruction processes, and during its use and maintenance. Penalty provisions for non-compliance with accessibility provisions are foreseen for designers, constructors, construction supervisors and the owner of the building. By-law on simple buildings and constructions (Official gazette 112/2017, 34/2018) defines (Article 3) that works realized with the objective of enabling and increasing accessibility (physical access, sound signals, tactile paving) can be done even without normally required construction and location permits. With the aim to ensure accessibility in residential buildings constructed prior to the regulation by the above mentioned Law and Rulebook, the Law on Ownership and Other Proprietary Rights (Official Gazette 91/1996, 68/1998, 137/1999, 22/2000, 73/2000, 129/2000, 114/2001, 79/2006, 141/2006, 146/2008, 38/2009, 153/2009, 143/2012, 152/2014) prescribes that not all co-owners of a building must give their consent for the construction of a ramp or lift in the residential building for enabling accessibility to a disabled person. One of the measures of the National Strategy of Equalization of Opportunities for Persons with Disabilities 2017-2020 is the obligation placed on the state administration to collect data on accessibility of public administration buildings. These data should be gathered by the Registry of state property which would serve as a basis for systematic adaptation of accessible buildings (measure 6.2.).
Links
- Law on Construction (Official gazette 153/2013)
- By-law on ensuring accessibility of buildings for persons with disabilities and reduced mobility (Official Gazette 78/2013)
- By-law on simple buildings and constructions (Official gazette 112/2017, 34/2018)
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C3. ICT and Web accessibility
By-law on procedures and conditions for performing activities regarding electronic communication networks and services (Official Gazette 154/2011, 149/2013, 82/2014, 24/2015, 42/2016) regulates the ways in which services, including user support service and equipment, must be adapted to the needs of disabled persons and states that participation of operators in advisory mechanism related to accessibility of electronic communication networks and services is mandatory. Law on electronic communication (Official Gazette 73/2008, 90/2011, 133/2012, 80/2013, 71/14, 72/2017) states (Art. 5) that one of the roles of the Croatian agency for post and electronic communication is to ensure that all users, including disabled persons, have an opportunity to have the best choice, price and the quality of services. Art. 24 states that electronic communication network, electronic communication infrastructure and related equipment have to be planned, developed, produced and installed in such a way that access and availability of public electronic communication service is enabled to disabled persons. Art. 43 states that operators of public communication services have to, within their technical possibilities, ensure that disabled persons have equal access to their services. Copyright and Related Rights Act (Official Gazette 167/2003, 79/2007, 80/2011, 125/2011, 141/13,127/14, 62/17, 96/18) (Article 86) states that people with disabilities are allowed to use copyrighted works in a way that is directly connected to their disability and which is non-commercial, and in ways that are necessary for that disability.
Links
- Law on electronic communication (Official Gazette 73/2008, 90/2011, 133/2012, 80/2013, 71/2014, 72/2017)
- By-law on procedures and conditions for performing activities regarding electronic communication networks and services (Official Gazette 154/2011, 149/2013, 82/2014 i 24/2015)
- Copyright and Related Rights Act (Official Gazette 167/2003, 79/2007, 80/2011, 125/2011, 141/13,127/14) (Article 86.)
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Cyprus
C. Accessibility
C1. Transport accessibility
Public transportation is an area under continuous development in Cyprus. The provisions of Articles 2 and 3 of the EU Directive 2001/85/EC, relating to special provisions for vehicle used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat, regulates the accessibility of persons with disability to vehicles and especially to buses and coaches and generally to vehicles for more than eight passengers. The Minister of Communications and Public Works, under the power vested in him by Article 7 of the Approval of the Type of Vehicles Law 2005, issued the Buses and Coaches Order for harmonisation purpose with the above-mentioned EU Directive. The Order was issued in the form of Regulations (525/2003) and provides that the technical specifications and requirements of manufacture and the technical monitoring for the granting of approval of the type regarding buses and coaches are those specified in the above EU Directive. Also, Article 7 of the Persons with Disabilities Law of 2000 refers to the obligation of public transportation to meet the technical specifications and requirements regarding the entry and mobility of persons with disabilities that are set out in the Buses and Coaches Order. According to Article 4 of the People with Disabilities Law of 2000, disabled persons have the right to accessible public transport means. In the last two years, the Republic of Cyprus has subsidised public transport companies for mass purchases of fully accessible new buses. The Design Bureau (Ministry of Communications and Works) is involved in pilot programmes and undertakes important initiatives for the improvement of transport accessibility for disabled people. The Department for Social Inclusion of Persons with Disabilities operates two schemes relevant to the transportation of people with disabilities. The first scheme offers funding and the right to buy a tax free car to certain groups of disabled people. The second scheme provides funding for the transportation needs of particular groups of people with disabilities. In relation to the standards, the Cyprus Standards Organisation is the responsible information service in Cyprus regarding the International and European Standards, and is also responsible for the issues of accessibility.
Links
- Department of Road Transport
- Department for Social Inclusion of Persons with Disabilities (Accessible vehicle funding scheme)
- Department for Social Inclusion of Persons with Disabilities (Transportation funding scheme)
- Design Bureau for the Accessibility of Persons with Disabilities
- People with Disabilities Act of 2000
- Cyprus Standards Organisation
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C2. Built environment accessibility
Regulation 61 of the Roads and Buildings Regulations of 1999 sets accessibility standards for newly built buildings (after 1999) or buildings modified after 1999 in order to safeguard accessibility for all disabled people. According to the regulations, all public buildings must follow the standards for becoming accessible to all disabled people. More specifically the regulations apply to:
- all public buildings and/or buildings used by the public;
- shopping centres;
- buildings that hold shops and / or office premises;
- blocks of residences with five or more residence units and / or in buildings with more than five required parking places;
- educational institutions including students' accommodation buildings, sports centres and swimming pools;
- clinics, medical and rehabilitation or other diagnostic centres;
- industrial buildings with an area of greater than 600m² or with more than ten employees, as well as in group of labs of which the total area is greater than 600m²;
- in any other building for which the responsible authority decides that this regulation should apply.
There is no time scale for the implementation of this Law. The Department of Building and Housing (Department of Urban Planning) is responsible for the monitoring of implementation of this regulation of the Law. The Cyprus Standards Organisation is the responsible information service in Cyprus regarding the International and European Standards, also responding to issues of accessibility.
Links
- Design Bureau for the Accessibility of Persons with Disabilities
- Regulation 61H The Roads and Buildings Regulations of 1999 (Reg. 61.H)
- Department of Building and Housing (The Ministry of Internal Affairs)
- Cyprus Standards Organisation
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C3. ICT and Web accessibility
There are no specific legislative or regulatory measures regarding Web accessibility for public or private websites in Cyprus, but two national e-accessibility strategies (E-Inclusion and Digital Strategy of Cyprus) which aim to promote ICT and web accessibility standards were adopted. In public education, assistive technology is available to students under the general provisions of the N13(I) of 1999 Education for Children with Special Needs Law (Article 17.2) and the corresponding Regulations (Reg. 186/2001, Article 49.1), which set out the provision of necessary equipment and new technology. With regards to other technology services, Article 8 of the Persons with Disabilities Law of 2000 to 2017 sets out general obligations on the field of telecommunication and information. The relevant disability provisions in Directive 2007/65/EC concerning the pursuit of television and broadcasting activities was transposed to The Radio and Television Organisations Laws of 1998 to 2017 (N.7(I)/1998). Applicable provisions for all audiovisual media services are provided in Chapter IIA of the Directive. Article 3c of this Chapter encourages the media service providers to ensure that their services are gradually made accessible to people with visual or hearing disabilities. This article was harmonised with Article 30B of the Radio and Television Laws of 1998 to 2017. In addition, Article 30e (c) (ii) of the Law states that audiovisual commercial communications shall not include or promote any discrimination on the basis of disability. In addition, the Public Electronic Communications and Postal Services Law of 2004 (Law 112 (I) / 2004) includes a number of references to accessibility of these services to persons with disabilities. Article 39(2h) indicates that the Electronic Communication Commissionaire can impose a number of regulations including accessibility terms for people with disabilities. Article 70 (3e)(A(1)(2) indicates that communication providers should regularly inform people with disabilities about the details of products and services designed for disability and also offer quality accessible products and services. Article 71 specifically provides for adaptations for people with disabilities of the available electronic, telecommunication and postal communication services, and Article 112 refers to the accessibility of public use phone stations. Finally, Article 113 o, provides that persons with mobility, visual and hearing disabilities, are beneficiaries of exemption from the fixed charges for particular products and services. Articles 8.2 and 8.4 of the EU Directives 2002/21/EC for electronic communications networks and services have been transposed into national Regulations (Reg. 258/2006 and Reg. 259/2006). The Cyprus Standards Organisation is the responsible information service in Cyprus regarding the International and European Standards, and is also responsible for accessibility issues. Cyprus has signed, but not yet ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
Links
- Department of Information Technology Services, National Strategies
- People with Disabilities Act of 2000 to 2017
- The Radio and Television Organisations Law of 1998 to 2017 (N.7(I)/1998)
- Public Electronic Communications and Postal Services Law of 2004 to 2017 (Law 112 (I) / 2004)
- Cyprus Confederation of Disability Organisations (European Union Directives in Cyprus)
- Marrakesh Treaty - Right to Read Campaign (map of countries signed/ratified the Treaty)
- Cyprus Standards Organisation
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Czech Republic
C. Accessibility
C1. Transport accessibility
Regarding transport structures, the principle of non-discrimination focuses mainly on accessibility of transport for passengers with limited mobility and orientation. Solutions of all constructions in terms of their accessibility and barrier-free usage are contained in the implementing Decrees to the Building Act - No. 398/2009 Coll., No. 499/2006 Coll., No. 501/2006 Coll., and No. 503/2006 Coll. Issues of barrier-free usage have also been incorporated in the national technical standards: ČSN 73 6110 Design of Local Communications (2006), ČSN 73 6425 Bus, Trolleybus and Tram Stops, Part 1: Design of Stops (2007).
The Czech Ministry of Transport has participated in the preparation of the European Parliament and of the Council Regulation on the Rights of Passengers in Bus and Coach Transport which came into force on 1 March 2013 (Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the Rights of Passengers in Bus and Coach Transport and amending Regulation (EC) No 2006/2004). This Regulation is, inter alia, targeted at persons with limited mobility in consequence of disability, and it was adopted with a view to enabling such persons to travel by bus and coach on equal terms with other citizens.
In railroad transport, the accessibility of persons with disabilities is incorporated in all programmes. By construction, update or renovation, the railroad buildings are designed and built to meet the requirements of barrier-free accessibility according to Decree No. 398/2009 Coll. on General Technical Requirements for Barrier-Free Usage of Constructions.
The Czech Railway Company stipulates in the Transportation Order (Přepravní řád) the rights of persons with reduced mobility in railway transportation. Persons with different categories of disability have access to travel information on the website of the Czech Railways Company (SPPO). Persons with reduced mobility have the right to use the Railways services as other citizens. Persons with reduced mobility are passengers who have difficulty in accessing trains and associated infrastructure as a result of disability, age or any other factor. The Czech Railway Company requires from a passenger with reduced mobility to submit a written request for special technical provision or assistance 24 hours before the journey. The Czech Railway Company may refuse transportation of a person with reduced mobility for technical reasons. In this case, it informs the passenger about the reasons within five working days from the refusal and suggest alternative solutions to transport the passenger(s).
Second, if the passenger fails to comply with the deadline for reporting their transit needs and arrives at the departure train carriage, he/she will be refused with reference to the provisions of Article 118 (point. d) of the SPPO. The passenger will be recommended another suitable connection, for which the carriage can be operationally secure, without delays.
The operation of nation-wide railways incorporated in the European rail system are subject to the principles of the directly applicable EU regulation which is the Commission Decision on Technical Specifications for Interoperability Relating to Persons with Limited Mobility and Orientation in Trans-European Conventional and High-Speed Rail System (Commission Decision 2008/164/EC of 21 December 2007 concerning Technical Specifications of Interoperability Relating to Persons with Reduced Mobility in Trans-European Conventional and High-Speed Rail System).
Links
- Ordering assistance or a trip for passengers using wheelchairs
- Edict No. 341/2002 Coll. Vyhláška o schvalování technické způsobilosti vozidel (Edict on technical requirements for vehicles)
- Road Transport Act 111/1994 Coll., as amended
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C2. Built environment accessibility
The Building Act (stavební zákon) is the main legal instrument in terms of built environment accessibility. The Building Act regulates accessibility of buildings for disabled people, children, older people and pregnant women. Accessibility requirements apply to buildings, such as hospitals, schools, shops and industry, transportation, public facilities and houses with apartments for rent. The Decree 398/2009 sets out the general technical requirements for buildings and their parts to ensure their use by persons with physical, visual, hearing and mental disabilities, persons of advanced age, pregnant women, persons accompanying a baby in a stroller or child under three years of age. The Decree 501/2006 regulates accessibility of public areas.
Links
- Building Act 183/2006
- Decree on requirements for public space use 501/2006
- Decree on general technical requirements ensuring the barrier-free use of buildings 398/2009
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C3. ICT and Web accessibility
The Act on Public Administration Information Systems 2000 (revised in 2006) obliges public authorities to proceed with the disclosure of information in a way that allows for remote access (on websites) so that the information related to the performance of public administration is published in an accessible format. Methodological instruction to Decree 64/2008 on the Form of Public Disclosure of Information Related to the Performance of Public Administration through websites for people with disabilities (Accessibility Decree) offers practical tips for webmasters as formulated by people with disabilities based on their own experience of websites accessibility.
Links
- Decree on the Form of Disclosure of Information Relating to the Performance of Public Administration through Web Pages for Disabled Persons 64/2008
- Web Content Accessibility Guideline
- Act on Public Information Systems
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Denmark
C. Accessibility
C1. Transport accessibility
There is no legislation in Denmark about the accessibility of trains, buses, taxis, ferries, airplanes or other means of transportation. Section 11 of the Law on Transportation Companies (LBK nr 412 of 11 April 2010, amended to LBK no 323 of 20 March 2015) obliges the companies to establish individual disability transportation for persons with considerable mobility problems; they must offer at least 104 journeys a year to the front door, in a suitable vehicle, for a price that is not considerably higher than ordinary prices. They can demand that the customer orders the transport at a reasonable time in advance. The transportation companies must include the disability organisations in connection with the arrangement of the scheme. In 2010 the Ministry of Transport published ‘The Ministry of Transport accessibility policy. Transport for persons with disabilities’. The goal of its policy is to establish a transportation system that is as accessible as practicable, while the functionality and efficiency of the overall transport is maintained. The UN CRPD should function as a basic guideline for the policy. In continuation of the policy, the Transport Department has set up a dialogue forum for accessibility with the participation of relevant authorities, disability organisations and transport providers. A Dialogue Forum shall follow up and further target accessibility policy through discussion and knowledge exchange. Interest-free loans are granted for the purchase of a disability car. The rules have been changed, so that now eight years must pass between such loans, instead of previous six years.
Links
- Official website on transport for people with disability
- Law on Transportation Companies (LBK no 323 of 20 March 2015)
- Official website on disability car
- Website of the Ministry of Transport, Building and Housing on accessibility of railway stations
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C2. Built environment accessibility
Accessibility in new buildings is regulated by the building regulation BR10 from 2010. It requires that wheelchair users can enter all parts of a building without being stopped by staircases or barriers, and contains requirements for accessible toilets. These regulations are published and commented upon in the paper ‘Anvisning om bygningsreglement 2010’ (Building regulation 2010) from Statens Byggeforskningsinstitut (SBi) (The Danish Building Research Institute). SBi distinguishes three standards: 'C' is what the building regulation demands; 'B' is the standard DS3028 Accessibility for all; and 'A' is a higher standard. Standard 'C' is recommended if the building shall be of minimum quality, 'B' if it shall be accessible, and 'A' if it is a special building such as a nursing home. Foreningen Tilgængelighed for Alle (The Association Accessibility for All) has made a sign of accessibility for existing buildings. The Association has an evaluation of buildings for several different disability groups. To get the sign the building must meet the standards mentioned in DS3028.
Links
- Building regulation in force from 2018
- Tilgængelighedsmærket (Accessibility Label Scheme)
- The package of measures to promote accessibility from the Ministry of Transport, Building and Housing
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C3. ICT and Web accessibility
There is no specific legislation in Denmark concerning accessibility of ICT or websites. Since 1 January 2008 WCAG (Web Content Accessibility Guidelines) have been a mandatory open standard for the websites of public offices. The Ministry of Science, Technology and Innovation conducted two mapping projects on public website accessibility (in 2008 and 2010).
Links
Update date:
Estonia
C. Accessibility
C1. Transport accessibility
According to the Public Transport Act, disabled children, people with profound disabilities aged 16 and over, persons with severe or profound visual disabilities and persons with guide dogs accompanying such persons are allowed to travel free of charge by public domestic transport: railway, road and waterway services, including commercial lines. A transport development plan for 2014-2020 was adopted together with the action plan. It states that by the provision of transportation services, needs of different social groups (women and men, disabled persons, elderly, children etc.) are taken into account. The Traffic Act enacts specific requirements for people with visual and mobility disability on moving on pavements, also some exclusive rights of disabled drivers with reduced mobility and the drivers who are servicing a person with reduced mobility or a blind person. The Traffic Act allows people with disabilities who have the recognised parking card for disabled persons to park on pavements, park in public fee-paying parking places without charge and in calm traffic areas also in the areas were stopping or parking is limited or restricted (§ 68). The Traffic Act is elaborated on that topic by a regulation of the Minister of Social Affairs. In case of need for social transport (to educational establishment, working place or for public services) the local government has to assess the need and provide the means according to Social Welfare Act. Local government can demand for reimbursement of the social transport services, however, in case of need and no resources to cover for own funding for the service, there is no possibility to deny the services by the local government. For the period 2014-2020, the resources from the European Social Fund will be used to develop and provide the social transport service in the local municipalities.
Links
- Public Transport Act
- Social transport service
- Social Welfare Act
- Regulation of the Minister of Social Affairs on Parking Card for disabled
- Social transport
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C2. Built environment accessibility
The Social Welfare Act regulates assistance to disabled persons with independent living. This conceptualises state support as seeking to provide equal opportunities and active participation and independence. Among other measures, it includes obligation to provide access to public buildings for disabled persons. Legislation for buildings in Estonia covers also accessibility.
The new Building Code that aims to promote sustainable development and to ensure safety, purposeful functionality and usability of the built environment was adopted on 11 February 2015 and entered into force on 01 July 2015. Paragraph 7 of the Building Code stipulates that buildings should be planned and built according to good practice, following also other relevant legislation. Requirements to buildings are specified in §11 of the Building Code, and they have to take into account also the needs of disabled persons. A decree is currently being developed by the Ministry of Economics and Communication that would give the Minister the right to specify building requirements, however, the Building Code obliges builders, architects and other relevant people to take into account the needs of disabled persons when constructing the buildings. A decree on the quality of road building foresees that roads and pedestrian paths have to be free of barriers limiting the movement of disabled persons as well as have additional elements to help people with hearing, vision or moving impairments to cross the streets. The Monitoring accessibility website is monitoring access to buildings for people with disabilities on a continuing basis.
The project of housing adaptation is funded by the European Regional Fund and aims to adapt a minimum of 2,000 households of persons with special needs. In 2019 several local governments had used less these possibilities than foreseen by the project.
The National Transportation Development Plan 2014-20201 establishes that the principles of universal design shall be used in the development of infrastructure, steadily transitioning to rolling stock suitable for also serving people with reduced mobility, and implementing information systems corresponding to the needs of hearing and visually impaired people.
In April 2015, the Accessibility Council comprising representatives of the DPOs, universities, the Parliament, relevant government agencies, the ministries and other local governments, as well as architects, constructors and designers, was established with the purpose to propose solutions on how to make buildings, transportation, living environment, information etc. accessible to all. The Council will make proposals to improve the accessibility, advise on the elaboration of development plans and other strategic documents regarding issues related to accessibility and promote accessibility and universal design principles.
In May 2018, based on the amended Building Code the requirements for buildings for people with disabilities were established.
Links
- Building Code
- Social Welfare Act
- Home adjustment project for people with special needs
- Monitoring accessibility website
- The National Transport Development Plan 2013-2020
- Accessibility Council
- Requirements for buildings for people with disabilities
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C3. ICT and Web accessibility
The Electronic Communications Act takes into consideration also the interests of different social groups, including persons with special needs. Estonia has implemented the EU package on electronic communication (Directives Nos. 2009/140/EU and 2009/136/EU) in the Electronic Communications Act which also enhances possibilities for persons with hearing and speaking impairments to contact emergency centres by SMS. The access of disabled persons to information technologies is regulated by the Information Society Development Plan 2006-2013 and Information Society Development Plan for 2014-2020 (updated plan covers strategy up to 2022). Persons with disabilities are one of the high priority groups. One of the goals is to make all public sector websites accessible to people with special needs and help them participate actively in public life. An electronic voting system and a participation website are available for citizens to participate in decision-making processes and take part in public life more actively. Local governments regularly organise training for promoting computer skills and facilitate access to e-services.
The Public Information Act provides that public information is generally free of charge, and that as quick and easy access to information as possible must be ensured for all persons (Civil Service Act, § 4). All Government ministry websites have recently adopted a common visual and technical standard, which complies with the Web Content Accessibility Guidelines (WCAG) 2.0 recommendations, that make content accessible to a wider range of persons with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. According to the Interoperability of the State Information System requirements set by the Ministry of Economic Affairs and Communications, all public sector websites must aim to meet the WCAG criteria. People get the communications from the government offices via an all-Estonian service portal (eesti.ee) and can redirect their messages from there to their personalised e-mails or read them online.
Since 2015, an Accessibility Council has been set up by the Ministry of Social Affairs, which consists of 27 members including representatives of the ministries, governmental organisations, disabled people's organisations, universities and non-profit organisations. This helps to fulfil the requirements of accessibility of the UN Convention, including in the web and ICT environment.
Links
- Electronic Communications Act
- Information Society Development Plan 2020
- Electronic voting
- E-services
- Website of the Government of Estonia (accessibility)
- Participation website
- Web Content Accessibility Guidelines 2.0.
- Accessibility Council
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Finland
C. Accessibility
C1. Transport accessibility
The Act for Public Transportation (869/2009) required in fourth section that 'the needs of different population groups have to be taken into account when defining the standard of service'. The sixth section mentioned examples of these population groups as follows: 'children, young people, women, men, elderly and disabled'. In section 48 the law stated that the holder of an operating permit has to define the quality of the service. Amongst other things, the permit holder needs to define the service and assistance available for disabled service users. The standard of service on the national level is defined by the Ministry of Transport and Communications. Municipalities provide transport services to those who have severe disabilities causing exceptional mobility difficulties. A transport service may include an assistance service. This benefit is included in the Act on Disability Services. Decree 275/2010 states that government subsidies are given to municipalities to develop accessible public transportation. The Act on Services in Traffic (320/2017) came into effect on 1 July 2018 abolishing the previously existing Act for Public Transportation (869/2009). Finland launched a three-year trial period for the EU Disability Card. The first cards were issued in June 2018. The trial period will end in 2020. The cards issued during the trial will be valid until 2028. Persons with disabilities can use the card both in Finland and in other EU member states to prove their disability status or their need for assistance when, for example, travelling by public transport or participating in sports or culture events. A nominal fee of EUR 10 is charged when the card is issued. A list of service providers can be found on Vammaiskortti webpage.
Links
- Disability services and support – The Ministry of Social Affairs and Health
- Act for Public Transportation (869/2009) in Finnish
- Transposition of the technical standards in decision of European Commission (2008/164/EY)
- The Handbook on Disability Services
- Act on Services in Traffic 320/2017 (in Finnish)
- How to apply EU Disability Card from Kela
- Vammaiskortti webpage
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C2. Built environment accessibility
The built environment accessibility is not included in the Non-Discrimination Act (1325/2014). In 2017, the Government accepted a new Act on Accessible Buildings (241/2017), which aims to make regulations on accessibility of buildings clearer and decrease regional differences. The Ministry of the Environment has also renewed its building regulations in 2017. In the Land Use and Building Act (132/1999) the objectives in land use planning are stated in the fifth section. The first of the eleven points to promote is: 'a safe, healthy, pleasant, socially functional living and working environment which provides for the needs of various population groups, such as children, older people and disabled people'. The Land Use and Building Decree (895/1999) contains more detailed regulations on accessibility in buildings. The Finnish Building Code provides more technical regulations and guidelines which apply to new constructions. Especially, sections F1 on 'Barrier-free Building', F2 on 'Safety in use of buildings' and G1 on 'Housing design' set the requirements to accessibility in both public buildings and private homes.
Links
- Land Use and Building Act (132/1999)
- Land Use and Building Decree (895/1999)
- Finnish Building Code
- Accessible Building Act (241/2017)
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C3. ICT and Web accessibility
The Finnish Parliament approved the Bill on ICT and web accessibility in their second reading on 12 February 2019. The official Act has not yet been published on the Book of Statutes (as of 5 March 2019). It regulates that web pages published after 23 September 2019 have to comply to the Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of websites and mobile applications in the public sector by 23 September 2019. The web pages published before 23 September 2019 have to comply with the aforementioned Directive by 23 September 2020. All mobile applications have to comply with the directive by 23 June 2021.
Links
Update date:
France
C. Accessibility
C1. Transport accessibility
The legal framework for the public policy on accessibility is represented by Law 2005-102 of 11 February 2005. Title IV 'Accessibility' of this Law is divided into three chapters: 1) Education and training; 2) Employment; and 3) Built environment, Transport and New technologies. The French law considers built environment, public spaces, public roads, transportation and their inter-modality integrated into the “mobility chain”. According to Article 45, the mobility chain was expected to be accessible by 2015.
To implement the Law, the Inter-Ministerial Observatory for accessibility and universal design (Observatoire interministériel de l’accessibilité et de la conception universelle) was created on 11 February 2010 with the mission of monitoring the development, identifying the challenges to the implementation of accessibility, disseminating good practice and developing monitoring indicators.
Concerning transportation, Article 45 implemented accessibility schemes of transport services (Schéma Directeur d’Accessibilité des services de transports, SDA) intended to:
- clarify the programme of transportation accessibility by February 2015;
- define the accessibility modalities of different transportation types;
- identify technical barriers;
- identify 'substitution means of transport';
- determine maintenance modalities.
The schemes have to be elaborated by the authorities in charge of organising transportation and the main airport managers.
A midterm report on accessibility was drawn up in 2011. It pointed out the necessity of adapting the legislation to the concrete situation. In another report presented in 2013, consultation about planned accessibility calendars and adaptation to normative environment was launched, and the Inter-Ministerial Disability Committee proposed a norm aimed at completing the section about accessibility of 2005 Law on its basis. Consultation was concluded in 2014 and reported, and the planned accessibility calendar, a tool aimed at planning the accessibility works, was created in September 2014.
The planned accessibility calendar concerning transportation called SD’AP (schéma directeur d’accessibilité-agenda d’accessibilité programmée) is a tool giving the possibility to the authorities in charge of organising transportation to extend works required for accessibility beyond 2015 and within a fixed term.
Links
- Law 2005-102 of 11 February 2005
- Creation of the Observatory on accessibility and universal design (Décret 2010-124 du 9 février 2010)
- Réussir 2015
- Planned accessibility calendar (Report to the Prime-Minister)
- Adaptation to normative environment
- The necessity to adapt Law of 11 February 2005 (Report)
- Norm 2014-1090 of 26 September 2014
- Law 2015-988 of 5 August 2015
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C2. Built environment accessibility
Law 2005-102 of 11 February 2005, in Title IV Accessibility, Chapter III: Built environment, transports and new technologies, required that by 2015 all housing, buildings open to the public, public or private workplaces, either new or old, were made accessible to people with all types of impairment. This is not mandatory for owners who build or improve a dwelling for their own use.
A series of decrees and orders were issued between 2006 and 2009 that detailed the standards for the accessibility of buildings and access to the buildings (e.g. DGUHC/2006/48 of 14 June 2006, Inter-Ministerial Circular 2006-96 of 21 December 2006, Inter-Ministerial Circular of 14 December 2007, Inter-Ministerial Circular of 20 April 2009).
Since 2006, the Parliament has made several attempts to introduce departures from the legislation on the accessibility to the built environment. So far, all these attempts have been censured by the constitutional council after submission of the cases by disabled persons' organisations.
The mid-term report drawn in 2011 concluded that having the same requirements for new buildings as for old ones caused a problem.
Concerning the built environment, since 31 March 2019, it has no longer been possible to file a planned accessibility calendar, Ad'AP, in order to comply with the 2005 Law after 1 January 2015.
Elan law adopted on 23rd November 2018 represents a regression concerning the standards of housing accessibility.
Links
- Law 2005-102 of 11 February 2005
- Law 2005-102 of 11 February 2005 (Chapter III: Built environment, transports and new technologies)
- Decree 2006-555 of 17 May 2006
- Decree 2006-1089 of 30 August 2006
- Decree 2007-1327 of 11 September 2007
- Order of 26 February 2007
- Order of 30 November 2007
- Ad'ap, the planned accessibility calendar
- Elan law
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C3. ICT and Web accessibility
Law 2005-102 of 11 February 2005, in Title IV Accessibility, Chapter III-Built environment, transports and new technologies, Article 47, states that all types of on-line State communication services, whether national or local, should be accessible. Decree of 14 May 2009 for the implementation of Article 47 sets the dates of implementation and the standards of accessibility of public ICT and web services: by 16 May 2011 for the State and State-related communication services and 16 May 2012 for the local public services. Complementary orders detail the standards of accessibility of these services.
The standards of accessibility of public ICT and web services were updated. The third version, which resulted from a major update made in 2015, was published in Decree of 29 April 2015 that was amended in 2016 and in 2017. The 2015 Decree made the implementation of the accessibility of public web communication compulsory: the State and the public establishments had to implement it within a two-year term and the regional authorities and depending organisations had to implement it within a three-year term.
Links
- Law 2005-102 of 11 February 2005 (Title IV: Accessibility, Chapter III-Built environment, transports and new technologies, Article 47)
- Decree of 14 May 2009 for the implementation of article 47
- Decree of 21 October 2009 on general accessibility framework for administrations
- Accessibility standards for State ICT and web services
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Germany
C. Accessibility
C1. Transport accessibility
Section 8 paragraph 2 of the Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG] stipulates that public transport has to be accessible at national level. This law has caused changes in the specific legislation on transport accessibility. In 2012, the national passenger transport law was reformed accordingly. It stipulates that full accessibility of public transport is to be ensured until 2022. Long distance bus services are to be fully accessible until 2019.
As the amended version of the Federal Participation Law from July 2016 shows, the private sector is excluded. The legal binding changes apply only to the public sector. Thus, accessibility and participation in society according to the UN CRPD is insufficient because of everyday barriers in the private sector. Within the framework of the state party review, the UN Committee pointed out that the distinction between the public and the private sector in regard to goods and services is unacceptable and cannot be a deciding factor for the implementation of accessibility according to the UN CRPD. The Social Association Germany (Sozialverband Deutschland) argues that the amended version of the Disability Equality Act (Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG) does not meet the requirements for full and active participation if the private sector is not included (see Sozialverband Deutschland 2016, 4).
Links
- Section 8 BGG – Disability Equality Act
- National Passenger Transport Act [Gesetz zur Änderung personenbeförderungsrechtlicher Vorschriften], parliamentary decisions and legal changes
- Concluding remarks on the first German country report (2015)
- Critical remarks of the Social Association Germany (Sozialverband Deutschland)
- Comments of the Monitoring Body, German Institute for Human Rights
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C2. Built environment accessibility
Section 8 paragraph 1 of the Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG] stipulates that public buildings have to be accessible at national level. This obligation applies to new buildings as well as reconstructions of public buildings on a large scale. All 16 federal states [Länder] have similar laws and regulations on accessibility in buildings which are open to the public.
Links
- Section 8 BGG – Disability Equality Act
- Section 4 Disability Equality Act of North Rhine-Westphalia (one of 16 examples of an accessibility act at the federal level)
- Section 55 Building Regulation of North Rhine-Westphalia (one of 16 examples of an accessibility regulation at the federal level)
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C3. ICT and Web accessibility
Since 2002 public service sectors have been obliged to provide accessible websites. The legal basis is the national Disability Equality Act (section 11 Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG). This law has caused changes in other specific legislations on accessibility. For example, the Telecommunications Act [Telekommunikationsgesetz] in Section 45 stipulates that disabled users must have equal access to broadcasting and telecommunication systems. The Federal Home Office issue regulations and the Federal Ministry for Labour and Social Affairs issue regulations about the accessibility needs to be considered. Additionally, there is the regulation on the use of Sign Language and other communication aids in administrative procedure [Kommunikationshilfenverordnung] and the regulation on barrier-free information technologies [Barrierefreie Informationstechnik-Verordnung]. Commercial internet providers are entitled to negotiate their accessibility standards in agreement with Disabled people's organisations.
Links
- Section 11 BGG – Disability Equality Act
- Telecommunications Act [Telekommunikationsgesetz – TKG]
- Federal Ministry for Labour and Social Affairs, general information about goal agreements
- Barrier-free information Technology Regulation (BITV 2.0)
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Greece
C. Accessibility
C1. Transport accessibility
Disabled passengers’ rights in rail and air travel are regulated directly by the EU regulations, in particular, by the European Regulation 1371/2007 for railway travel and the European regulation 1107/2006 for air travel. There has not been any other legislation for the implementation of the regulations in the national context.
Accessibility standards for city buses were first established in 1992 outlining measures for autonomous access in and out of buses, including necessary mechanical interventions, suitable space design and security for wheelchair users. In the city of Thessaloniki exclusively, the Organisation of Urban Transport is mandated (Law 3185/2003) to provide free transportation to people with disabilities by appointing two wheelchair accessible mini-buses, and an additional one if needs exceed fleet capacity.
Furthermore, accessibility standards for passenger ships were adopted through the National Action plan for disabled passengers, an initiative of the Ministry of Commercial Shipping in 2006, which included standards for access, common spaces, parking, securing of wheelchairs, signposting, communication and customer service. The right of passengers to accessible sea travel was consolidated with Law 3709/08 Rights and Duties of Passengers and Service Providers in Regular Sea Travel.
Links
- Regulation for the transportation of persons with disabilities with the specialised buses of the Organisation of Urban Transport of Thessaloniki
- Law 3709/08 on Rights and Duties of Passengers and Service Providers in Regular Sea Travel
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C2. Built environment accessibility
The New Building Code 4067/2012 updated regulations regarding built environment accessibility existing since Law 2831/2000 (article 28). The Regulations require compliance with universal design standards for all new buildings- apart from housing where distinct regulations apply (Article 26 para. 1). The guidelines include standards for horizontal and vertical access, internal spaces (e.g. corridors, doors, elevators, WC, information desks, signposting) as well as external (pavement, entrance, outdoor common spaces). The regulations also cover constructions in public pedestrian spaces such as parks, pavements, or walkways, which must ensure access to disabled people through ramps, navigators for blind people, appropriate placement of civil equipment and designated disabled parking spaces (Article 26 para. 6). Buildings constructed before 2012 which host public sector services, local authority services, public spaces for culture, sports and entertainment, temporary accommodation, education, health and social welfare, and justice services as well as industry, trade and offices are required to ensure accessibility standards by 2020 (Article 26 para. 4).
As regards housing, new buildings must ensure horizontal and vertical access in all common spaces and permit easy adaptation of housing units for potential use of people with disabilities. Furthermore, the New Urban Planning Regulations 2012 introduce the right of disabled residents to make adaptations for ensuring access to common spaces within housing buildings, against any other regulation (e.g. housing contract) (Article 27 para. 2) and without a construction license (Article 4 para. 3), as long as the infrastructure of the building is not affected and they cover the expenses.
Law 4030/2011 regulating construction approval and licensing, refers to the prerequisite of submitting “an accessibility study for people with disabilities as and where necessary” (Art.3 para. 2b), while a circular in 2012 clarifies the scope and content of that accessibility study which is mandatory for any construction under the New Building Regulations (2012).
Links
- Law 4067/2012 on New Urban Planning Regulations
- The Ministry of Environment Circular 29467/2012 on Clarifications for the submission of the accessibility study for people with disabilities which must be included in studies submitted in applying the New Building Regulations (L. 4067/2012)
- Design for All Official Standards Ministry of Environment and Energy
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C3. ICT and Web accessibility
Article 5 and 5a in the revised Constitution of Greece (2001) state the equal right of all to information and participation in the Information Society. In particular, facilitating access to electronic means of information and communication, as well as to the production, exchange and dissemination of information electronically is an obligation of the state. E-accessibility standards in the provision of e- government services became compulsory by Ministerial Decision on 12 April 2012, whereby the websites of the public sector must comply with the Web Content Accessibility Guidelines (WCAG), version 2.0, at least to the AA level.
The principle of equal access to the digital environment and digital mass media was reinstated in the revised national legal framework for disability rights in compliance with the UN CRPD (Articles 64, and 67).
Links
- Ministerial Decision 1301/B/12-4-2012 Provision of e-government services
- Law 4488/2017 Public Sector Pension reforms, employees protection, the rights of people with disabilities and other regulations
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Hungary
C. Accessibility
C1. Transport accessibility
Transport providers are required by the Equal Opportunities Act (26 of 1998) to provide accessibility for disabled passengers, and this applies to all forms of public transport (railway, buses). The deadlines on accessibility of transport systems were deleted from the Act by an amendment in 2013 (Act 62 of 2013).
The Equal Treatment Act (125 of 2003) shall by applied regarding the legal disputes on accessibility. The Equal Treatment Authority and the courts may sanction breaching of obligations in the Equal Opportunities Act. The former Advisory Body of the Equal Treatment Authority (terminated in 2011) interpreted in its opinion the legal provisions on accessibility.
The accessibility of public transport vehicle is regulated by Decree 6/1990 (12 April) of the Ministry of Transport, Communications and Energy, on the technical requirements for the operation of road vehicles. The scope of the Decree covers all vehicles on public roads, including cars, buses, trolley buses, motorbikes etc. It contains very basic obligations on special places for disabled persons.
In 2009, the Parliamentary Commissioner for Civil Rights (Állampolgári Jogok Országgyûlési Biztosának Irodája, OBH-ÁJOB) launched an investigation about the conditions of public transport, including rail transport, in the capital and the country.
The results showed:
- Railcars: 13% accessible, 6% partly accessible, 81% not accessible;
- Passenger cars: 3% accessible, 97% not accessible;
- Passenger facilities: 4.5% of the buildings are accessible, 4.7% have disabled toilet, 0.5% have tactile warning facilities.
Links
- Equal Treatment Authority (Hungarian and English)
- Equal Opportunities Act (Hungarian)
- Position No. 10.007/3/2006. TT. of the Equal Treatment Advisory Board on the obligation of providing accessibility (Hungarian)
- National Association of Disability Organizations (Hungarian)
- Public Foundation for Disabled Persons (Hungarian, English)
- Together for Each Other in the Public Transport (Hungarian)
- Reports of the Equal Treatment Authority (English)
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C2. Built environment accessibility
Buildings, in which public services are provided, are required by the Equal Opportunities Act (26 of 1998) to be accessible to disabled people. This applies to all buildings open to the public, private buildings, new and old buildings as well. However, buildings of public administration and customer services are exempted from this obligation until 2013. The Equal Treatment Act (125 of 2003) shall be applied for the legal procedures on breaching this obligation. The Equal Treatment Authority and the courts may sanction the omission of accessibility. The Advisory Body of the Equal Treatment Authority interprets the legal provisions on accessibility.
Links
- Equal Treatment Authority (Hungarian and English)
- Position No. 10.007/3/2006. TT. of the Equal Treatment Advisory Board on the obligation of providing accessibility (Hungarian)
- Act XXVI. of 1998 on the Rights of People with Disabilities (Hungarian)
- The Equal Treatment Act (125 of 2003) (English)
- Disablity Rights or Disabling Rights? CRPD Alternative Report (2010) (English)
- Office of the Commissioner for Fundamental Rights, Disability Project (English)
- National Association of Disability Organizations, MEOSZ (Hungarian)
- Public Foundation for Disabled Persons (Hungarian and English)
- Decision 15/2015 (of 07 April) OGY of the National Assembly on the National Disability Programme (2015–2025) in English
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C3. ICT and Web accessibility
ICTs and websites are not specifically mentioned by the Equal Opportunities Act (26 of 1998), however, these are also required to be accessible to disabled people by the provision on accessibility of information. There is no exemption regarding ICTs and websites. The Equal Treatment Act (125 of 2003) shall be applied for the legal procedures related to breaching of this obligation. The Equal Treatment Authority and the courts may sanction the omission of accessibility. The Advisory Body of the Equal Treatment Authority interprets the legal provisions on accessibility. Government Decree No. 305/2005 regulates those websites, where information of public interest is announced. These websites must be accessible for blind persons and persons with sight impairment. The Public Foundation for Equal Opportunities of Disabled People prepared the Methodology Guidance for Ensuring Accessibility, which deals with accessibility of websites as well. Moreover, a special Recommendation for info-communication accessibility was issued by the Public Foundation. These are not compulsory documents, but they provide information on technical issues concerning accessibility to buildings, of websites, communication and services. Hungary has not signed the Marrakesh Treaty.
Links
- Equal Treatment Authority (Hungarian and English)
- Position No. 10.007/3/2006. TT. of the Equal Treatment Advisory Board on the obligation of providing accessibility (Hungarian)
- Act XXVI. of 1998 on the Rights of People with Disabilities (Hungarian)
- Act CXXV of 2003 on Equal Treatment and Promotion of Equal Opportunities (English)
- Disability Rights or Disabling Rights? CRPD Alternative Report, 2010 (English)
- Office of the Commissioner for Fundamental Rights, Disability Project (English))
- National Association of Disability Organisations (MEOSZ)
- Public Foundation for Disabled Persons (Hungarian, English)
- Digital Education Strategy of Hungary 2016 (English)
- The Global Initiative for Inclusive ICTs Hungary (English)
- Share of respondents reporting they have access to the following ICT devices in Hungary in 2013 (English)
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Ireland
C. Accessibility
C1. Transport accessibility
Public services (including transport) are required to be accessible according to the Disability Act 2005. Under this Act, the Transport Sectoral plan was first prepared in 2006 and the most recent update to the plan was published in 2012. The Act’s requirements for accessibility extend to all public transport services (public services as defined in the Act include any services provided by companies which are funded by a Minister or the Government). Airplanes or a service provided by a person who only operates a train service or railway infrastructure of historic or touristic interest,’ however, are not covered by the act.
Despite the 2005 Disability Act and the sectoral plan there are reports that transportation, especially outside major metropolitan areas remains inaccessible to people with disabilities. For example, in 2012, only 42% of Bus Éireann’s fleet was accessible. In 2018, in response to the slow progress made in this area and some controversy over access to train services, the Minister for Transport asked for a person with lived experience of disability to be appointed to the Board of Directors of all the national transport companies. The Department of Transport's Accessibility Work Programme published on 20 January 2019 notes that Directors with lived experience will be appointed to these Boards in the third quarter of 2018.
Links
- The Sectoral Plan for Accessible Transport (2012 edition)
- Sectoral Plan for Accessible Transport (2006 edition)
- Review of Department of Transport disability sectoral plan
- National Disability Authority, Transport and access for people with disabilities
- Does Ireland provide equal public transport to wheelchair users? (17 August 2014)
- People with lived experience on board of directors
- Irish Rail criticised over new travel plans for wheelchair users
- Department of Transport Accessibility Work Programme
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C2. Built environment accessibility
Under the Disability Act 2005, public bodies must ensure, as far as practicable, that their buildings are accessible to people with disabilities. The Department of the Environment, Community and Local Government is responsible for ensuring accessibility of the built environment and has a sectoral plan setting out how accessibility goals will be achieved.
The Department of the Environment, Community and Local Government is responsible for updating and enforcing the standards set out in Part M (Access for People with Disabilities) of the National Building Regulations. Part M of the Building Regulations 1997 - 2010 relates to the accessibility of the built environment for people with disabilities. The regulations do not contain a definition of accessible housing however, it is defined in the National Housing Strategy for People with Disabilities as follows – “Housing which is accessible for people with physical and/or sensory disabilities to live in. This may be a purpose built new dwelling or a dwelling that is modified to suit the needs of the user.” Originally Part M only applied to non-domestic buildings however, since January 2001 there is a requirement that new dwellings are accessible to people with disabilities. Under this requirement new dwellings must be ‘visitable’ by people with disabilities. The definition of 'visitable housing' is “Housing in which a person with a physical disability can independently enter the house, go to the main habitable rooms, and use a toilet.” The Building Regulations apply to both private and social housing.
The Employment and Equality Acts and Equal Status Acts also impose some requirements regarding building accessibility. In addition to these laws and regulations the National Disability Authority has put out guidelines on conducting a built environment access audit and using universal design.
Links
- Sectoral Plan of the Department of the Environment, Community and Local Government
- Part M of the Building Regulations 2010 (Technical Guidance Document)
- National Disability Authority Building for Everyone: A Universal Design Approach
- National Housing Strategy for People with Disabilities
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C3. ICT and Web accessibility
The Disability Act 2005 requires all information and communications between public bodies and people with disabilities to be accessible. The Commission for Communication Regulations or ComReg is the commission responsible for regulating the electronic communications and postal sector in Ireland. In 2010 they surveyed ICT users with disabilities in Ireland and found that there was a need to increase awareness disability specific programs and equipment.
The Broadcasting Authority of Ireland is responsible under the Broadcasting Act 2009 to create Access Rules that promote the understanding of programming by people with visual and hearing impairments. The Access Rules, which set percentage targets for subtitling, audio descriptions and Irish sign language, were updated in January 2019 and are due for statutory review in 2021 and 2023.
The Centre for Excellence in Universal Design (hosted by the National Disability Authority) has published IT Accessibility Guidelines, an IT Procurement Toolkit and Web Accessibility Techniques. These guidelines are addressed to a range of actors in IT and web development sectors. The Emergency Call Answering Service falls under the remit of the Department of Communications, Climate Action and Environment. The Emergency Call Answering Service can receive calls from fixed land lines, mobiles as well as a Minicom service that sends texts through a fixed telephone terminal. The Emergency Call Answering Service also allows for emergency text messages to be sent from preregistered users.
Ireland signed the Marrakesh Treaty in June 2014 but has not ratified it.
Links
- Irish National IT Accessibility Guidelines
- Sectoral Plan under the Disability Act 2005
- Report on the Progress of the Sectoral Plan
- Emergency Call Answering Service
- Consumers with Disabilities Telecommunications Research
- Broadcast Authority of Ireland, Access Rules
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Italy
C. Accessibility
C1. Transport accessibility
The Decree of the President of the Republic 503 of 24 July 1996 provides that the means of public transport: trams, trolley buses, bus lines, subways, trains, stations, railways, shipping services, air terminals should be equipped with walkways, ramps or other suitable elevation equipment in order to facilitate access by wheelchair for people with mobility impairment.
Links
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C2. Built environment accessibility
Some laws guarantee the right to accessibility in public environments. The most important of these laws are: Decree 114 of the Ministry of Arts and Culture of 16 May 2008 that contains guidelines for the elimination of architectural barriers in places of cultural interest; Law 41 of 28 February 1986 (Finance Act 1986) that requires local authorities, the State and Regional Offices to adopt plans for the removal of architectural barriers and to allocate part of their annual budget for this purpose; the Presidential Decree 503 of 24 July 1996 that regulates the removal of architectural barriers in public buildings with particular reference to accessibility of services; and Law 104 of 5 February 1992, where some paragraphs deal specifically with architectural barriers, introducing respect for accessibility in different fields such as health care, education, training, employment, transport, justice, etc. People with disabilities may not be excluded from entitlement to services, benefits and opportunities normally enjoyed by every citizen. For private buildings, the norms of accessibility are set in Law 13 of 1989 and the Ministerial Decree 236 of 1989.
Links
- Decree 114 of the Ministry of Arts and Culture of 16 May 2008: Guidelines for the elimination of architectural barriers in places of cultural interest
- Finance Act 1986
- Decree of the President of Italian Republic 503 of 24 July 1996: Rules for the elimination of architectural barriers in public buildings, public environment and facilities
- Law 104 of 5 February 1992, Framework Act on assistance, social integration and rights of persons with disabilities
- Law 13 of 9 January 1989: Measures for overcoming and remove architectural barriers in private buildings
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C3. ICT and Web accessibility
The law 4 of 9 January 2004, named the ‘Stanca Act’, is inspired by Article 3 of the Italian Constitution, that establishes that the Republic has the responsibility to remove those obstacles of economic and social nature which limit the freedom and equality of citizens, prevent full individual development and the effective participation of all workers in the political, economic and social life in the country. The 'Stanca Act' aims at breaking down the ‘virtual barriers’ that limit the access of disabled persons to society and exclude them from the possibility to access web sites of Public Administration. The law ensures accessibility to all sites and IT applications of Public Administration. The ‘Measures to facilitate the access to ICT for disabled people’, as stated in Law 4 of 9 January 2004, were published in the Official Gazette no. 13 of 17 January 2004.
Links
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Latvia
C. Accessibility
C1. Transport accessibility
Transport providers are required to provide accessibility for disabled passengers in specific laws regulating each of the public transport fields. The Law on Public Transport services (2007) and consequent regulations of the Cabinet of Ministers regulate the transport field. Regulations No 599 ’The Order of Provision and Utilization of Public Transport Services’ (2012) determine procedures for the provision and use of public transportation services, including that all information in a bus about bus stops shall be accessible in visual form and carried in audio form. The Regulations No 148 ’Requirements for Obtaining a Special Permit (License) from the Planning Region and the Republic Cities and the Procedure for the Carriage of Passengers by Taxi’ (2018) states requirement that in case of necessity, carrier supports person with disability to get into and out of taxi. Standards LVS 190-8-2012 ’Regulations on the Design of Bus Stops’ (2012), LVS 190-10-2007/A1:2010 ’Regulations on the Design of Pedestrian Crossings’ (2010) and LVS 370:2010 ’Road Traffic Control Equipment. Signal Heads’ (2010) LVS 448:2012 ’Railway applications. Passenger platforms for 1520mm railway lines’ must be taken into consideration.
Regulations No 1193 Amendments in Regulations of 29 December 2010 No 1210 'Regulations Regarding the Interoperability of Trans-European Rail System' (2013), prescribe that disabled passengers have the same rights traveling by railway as other people. Requirements included in Regulations No. 1193 were enforced from 1 January 2014 and apply to construction of new railway objects and existing objects in case of reconstruction.
In the field of aviation, the regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air including European Civil Aviation Conference Doc 30, is applicable to the Republic of Latvia. Quality standards for the passengers with reduced mobility have been set by the managing body of Riga International Airport (RIX) in cooperation with airport users and NGOs. Regulations of the Cabinet of Ministers No 145 ’Regulations regarding the Safety of Ro-Ro Passenger Ships and High-Speed Passenger Craft’ (2006) by implementing Directive 2003/24, which amends Directive 98/18/EC on safety rules and standards for passenger ships engaged on domestic voyages, includes specific requirements for persons with reduced mobility.
Links
- Law on Public Transport services
- Regulations No 599 ’The Order of Provision and Utilization of Public Services’ (2012)
- Regulations No 148 ’Requirements for Obtaining a Special Permit (License) from the Planning Region and the Republic Cities and the Procedure for the Carriage of Passengers by Taxi’ (2018)
- Regulations No 145 ’Regulations regarding the Safety of Ro-Ro Passenger Ships and High-Speed Passenger Craft’
- Regulations No 1193 'Amendments in Cabinet Regulations of 29 December 2010 No 1210 'Regulations Regarding the Interoperability of Trans-European Rail System'' (2013)
- Standard LVS 190-8-2012 ’Regulations on the Design of Bus Stops’
- Standard LVS 190-10-2007/A1:2010 ’Regulations on the Design of Pedestrian Crossings’
- Standard LVS 370:2010 'Road Traffic Control Equipment. Signal Heads'
- Standard LVS 448:2012 ’Railway applications. Passenger platforms for 1520mm railway'
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C2. Built environment accessibility
The accessibility of the built environment is regulated by the Construction law (2013), which came into force from 1 October 2014. The Law applies to construction of new buildings, as well to rebuilding, renewal, restoration, demolition, and reconstruction of existing buildings, to changing of the type of use without rebuilding and to preservation. As one of the construction principles, the law defines the principle of environmental accessibility, according to which such environment is created during the construction process, in which any person may move with comfort and use the building according to its purpose of use. On 30 June 2015, the Government approved Latvian construction standards - Latvian Building Code LBN 208-15 'Public Buildings' requiring accessibility of public buildings, and Latvian Building Code LBN 211-15 'Residential Buildings' requiring accessibility of residential buildings.
Links
- Construction Law
- Regulations No.331 ’Regulation on Latvian Building Code LBN208-15 ’Public Buildings’ (2015)
- Regulations No.340 ’Regulation on Latvian Building Code LBN 211-15 ’Residential Buildings’ (2015)
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C3. ICT and Web accessibility
Chapter ’Universal service’ (Section 63) of the Electronic Communications Law (2004) defines special measures in relation to disabled persons. The National regulatory authority (Public Utilities Commission) promotes for end-users, including special social groups and disabled persons, the possibility to choose an electronic communications merchant, the electronic communications services, and electronic communications service tariffs. The Public Utilities Commission may take a decision that the public telephone network operator shall perform special measures in order to ensure publicly accessible electronic communications services for disabled persons, including the State Fire-Fighting and Rescue Service, State police, emergency medical care, gas emergency and comprehensive telephone directory service and a comprehensive subscriber directory, moreover such services shall be equivalent to those services, which are received by other end-users. The Regulations of the Cabinet of Ministers No.611 ’On Procedure about how institutions put information on the Internet’ (2018) provides that institutions official websites and mobile applications should be created in accordance with the user-oriented approach and the principle of iterative development in accordance with Latvian National Standard LVS EN ISO 9241-210: 2016 ‘Human and System Interaction Ergonomics’, Part 210 ‘Human-oriented Interactive Systems Design’. According to these Regulations the official website should include ‘Easy to read’ section with brief descriptive information about the institution and other information needed by the institution's customers in ‘easy to read’ language.
In 2013, the Cabinet of Ministers accepted the Information Society Development Guidelines for 2014-2020. The Guidelines aim to provide an opportunity for everyone to use information and communication technologies, to create a knowledge-based economy and to improve the overall quality of life, to contribute to growth of public administration efficiency, country competitiveness and economic development and the creation of jobs.
Latvia neither signed nor ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. However, the amendments to the Copyright law (2002) were adopted in December 2018 based on Regulation 2017/1563 / EU of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled.
Links
- Electronic Communications Law
- Copyright Law
- Law ‘Amendments to Copyright Law’
- The Regulations No.611 ’On Procedure about how institutions put information into the Internet’ (2018)
- The Information Society Development Guidelines for 2014-2020
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Lithuania
C. Accessibility
C1. Transport accessibility
Currently, the public transport system in Lithuania is not unified: each municipality has different possibilities and chances for changes. The municipalities are responsible for accessible public transport and the main tasks are revised in the City Strategic Plan. For example, in Vilnius (the capital of Lithuania, and the biggest city in the country) - the most positive changes in adapting public transport for disabled, but and problems more than in small cities. There are several most important achievements. First, the time of buses which are adapted to limited mobility persons are marked in the schedules in yellow. Second, there is special equipment in the buses which inform people about the present and the next bus stop (for people who have visual or hearing impairment). There are two types of help in Vilnius airport. First, disabled people, who come to Lithuania, are met by responsible person, who provide all necessary help and support: escort disabled people to State Border Guard Service post, assists with customs procedures (if it is necessary) as well as take the baggage. Moreover, the responsible person escorts disabled people to the car, taxi or bus stop (if disabled people want this). Second, disabled people, who leave Lithuania, is met by special person in call-out location, takes their baggage and takes care after all departure procedures: the registration of the passenger and baggage, movement in the airport as well as boarding to the aircraft. Rail Access Rules for the Movement of Disabled People (No. 1371/2007 of 23 October 2007) aims to ensure equality and non-discriminatory access for people with mobility and other disabilities - the age or any other reason - to travel by rail, with special attention to information that relates to rail services, with access to the trains and the amenities in them, reporting. Lithuanian Railways and Lithuanian Disability Forum (representing the interests of disabled people in Lithuania) participated in the development, coordination and approval process of these rules. In Vilnius city there are low-floor trolleybuses (45 vehicles) and buses (204 vehicles) for passengers with reduced mobility. The vehicles are marked with special labels. There is special button to call driver. Drivers are trained to assist people with reduced mobility. They are ready to help get in or out the vehicle. They open special ramp. In the Internet and bus stops: routes and departure times highlighted with special signs are served by low-floor vehicles accessible for people with disabilities (www.marsrutai.lt), but its inadequate for all special needs of disabled persons in Vilnius - better situation in the centre of the city only.
In each smaller town situation are different and it is related to people with disabilities activity individually and especially regional organisations of disabled, because the law is enough, but lack of political will sometimes.
Links
- Basic information about accessible public transport in Lithuania
- Types of help in Vilnius airport
- Vilnius public transport
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C2. Built environment accessibility
Buildings are not required to be accessible to disabled people in the Law of Equal Treatment (IX-1826 of 18 November 2003). Detailed standards for the accessibility of buildings are provided in the Technical Building Regulation requirements (Art.2.03.01:2000 of 19 March 2002). These requirements include the accessibility of cities, towns and villages' environment; footpaths; parking lots and garages; public and commercial buildings; residential buildings; sanitary facilities; elements of areas and buildings. Moreover, the size of the manoeuvring area before the door is provided. If it is necessary, the municipalities can add more special means for improving accessible environment for disabled people.
The Department for the Affairs of Disabled at the Ministry of Social Security and Labour, Council for the Affairs of Disabled at the Ministry of Social Security and Labour are cooperating with NGO's - more and more talking about universal design.
Positive example of our practice... DisabledEnabled (http://disabledenabled.eu/en/about/) - a unique type of people with disabilities and their associated society social network, designed to help the disabled to avoid the troubles encountered in the journey due to available disabilities and to help draw attention of institutions which are responsible for social integration. The idea came from the natural need to plan your route. Partial restrictions on free movement (disabled in the wheel chair, blind, deaf-and-dumb, mental disability) originating for various reasons (injury, nature, disease) compel to think about the need for a tool that let you toget know about access to where you want to be (a foreign tour, a trip tofamous places, museum,hotel, university, etc.). Such a toolwill allow people to avoid further in convenience and uncomfortable situations when you need to get to the right place, but this option simply was not provided.
Your city will be a place in the world with a unique and interactive system for the disabled spaces marked. For this example could follow cities all around the world, places, which planning to find a new client (theaters, cafes, famous tourist sites, ships, ferries, resorts …).
Links
- Technical Building Regulation Requirements
- LAW ON SOCIAL SERVICES (19 January 2006 No X-493)
- DisabledEnabled
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C3. ICT and Web accessibility
Inovations on ICT are very dynamic. We needful to understand that the most important step is growing of core (general) competences (knowledges of foreign languages and computer skills) of persons with disabilities for now. In national level we needful adapt more technique and application software, especially for people with any visual impairment (for example, Jaws for Windows, Dolphin SuperNova, etc.), for working with synthesizer. We have our new national synthesizer GINTARAS for now, and need to improve it.
The Law on Integration of Disabled into Society (I-2044 of 18 October 2005) prohibits discrimination against disabled people in any social life sphere and guarantees access to social services, information and social benefits. This law is directly related with eAccessibility whereas government institutions have to provide accessible e-communication for disabled people. 'The act foresees that the Information Society Development Committee will be responsible for the adoption of an information environment that is suitable to disabled people. A follow-on standard issued by the Information Society Development Committee established the technical requirements for websites, based on WAI. This standard foresees advisory (non-mandatory) requirements for adapting private websites, however, there is no legislative obligation on private websites. Also, as regards state and local government, a law on information reception from state and local government provides a requirement that they adapt the information supply environment (web pages, databases) for disabled people.
In 'The Social Report 2014-2014' (Vilnius, 2014) (http://www.socmin.lt/download/8233/en socialinis pranesimas 2013-2014 interactive-09-15.pdf) and in 'Lithuania: National Reform Programme 2014' (Vilnius, 2014, especially at the point 5.3.3. Digital Agenda for Europe, p. 60) (http://ec.europa.eu/europe2020/pdf/csr2014/nrp2014_lithuania_en.pdf) we are preparing sufficient resources to implement the plans for few years.
Links
- Law on Integration of Disabled into Society
- MeAC country profile
- "The Social Report 2014-2014" (Vilnius, 2014)
- "Lithuania: National Reform Programme 2014" (Vilnius, 2014, especially at the point 5.3.3. Digital Agenda for Europe, p. 60)
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Luxembourg
C. Accessibility
C1. Transport accessibility
There are particular laws and regulations on public transport for disabled pupils (service de transport des enfants de l'éducation différenciée) and persons with mobility impairments (Services occasionnels spécifiques de transports de personnes, adaptés aux personnes à mobilité réduite). The accessibility of public buildings is defined in the Act on accessibility (loi du 29 mars 2001 portant sur l'accessibilité). Information about accessibility of all transport services in Luxembourg is available under the National Ministry of Sustainable Development and Infrastructures (Ministère du Développement durable et des Infrastructures) and a national information site on accessibility. There are many accessible and special services for travellers going by car (parking spaces for the disabled), bus and/or train, etc. Persons with a special certification (C) and an accompanying assistant do not need to pay for transportation. The main stations of the country and most of the buses are accessible. There are special offers for persons with disabilities e.g. NOVABUS (for wheelchair users), and a taxi bus for travelling in the Grand Duchy for people with reduced mobility. There is a countrywide special service of transportation for children with disabilities 'spezialisierter Transport - transport spécialisé'.
Links
- Ministry of Sustainable Development and Infrastructures / Ministère du Développement durable et des Infrastructures
- National information on accessibility website EureWelcome
- Guide on Transport and Mobility (Infohandicap)
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C2. Built environment accessibility
Accessibility of the built environment is covered by the national Accessibility Acts of 2001 and 2008 (Règlement Grand-Ducal sur l’accessibilité des lieux ouverts au public). The aim of this law is to guarantee access to all public buildings in Luxembourg. The stipulations of the Accessibility Acts are limited only to the construction of new buildings and substantial renovation of existing buildings so some problems with older buildings may persist as there are no laws concerning older buildings. The action plan to implementing the CRPD highlights the need to extent the accessibility act to all buildings. Technical standards on accessibility are defined in the National Guidelines on Accessibility (Guide des Normes).
Links
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C3. ICT and Web accessibility
The Accessibility Act (2001) does not mention the question of Web accessibility and there are no legal directives in communication technology laws. The 'e-Luxembourg' project launched by the Luxembourg Government concerns e-accessibility and the accessibility of official governmental or municipal websites based on WAI-criteria. RENOW (Référentiel de normalisation web des sites gouvernementaux luxembourgeois – Guidelines on the creation of web sites for the Luxembourg Government) assists the Luxembourg Government in web design for all. Luxembourg signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled on 28 June 2013; ratification is still pending.
Links
- E-accessibility assistance
- RENOW (Guidelines on the creation of web sites for the Luxembourg Government)
- Marrakesh Treaty
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Malta
C. Accessibility
C1. Transport accessibility
Public transport in Malta is provided by buses. Public transports are required to be accessible for all, in line with the Equal Opportunities (Persons with Disability) Act. In fact, a fleet of buses which are low floor and wheelchair accessible started operating in July 2011. Apart from providing physical access, the company contracted to manage the public transport has invested in a series of information campaigns and will provide information about the new routes by telephone, email or through their website. Moreover, drivers and staff working for the company have received in-house training and management has consulted the Commission for the Rights of Persons with Disability (CRPD) on the service. Public transport is at a reduced fare for all disabled people who are in the possession of a Tallinja Concession Card. The Concession Card is obtained by all holders of a Special ID Card (now the EU Disability Card) issued by the Commission for the Rights of Persons with Disability. The government also provides free transport service to and from state hospitals (by appointment).
Some new taxi companies are also providing wheelchair-accessible taxis. While this service may offer more choices to disabled people, the service is too costly to use for the daily travel needs of many disabled people. There are also a number of private companies offering wheelchair accessible vans. One of these companies has been contracted by the government to offer subsidised travel for disabled people to fulfil their travel requirements to access work or education. However, beyond office hours the service remains very costly. In addition, since demand exceeds supply, when it comes to the subsidised accessible transport service, there are long waiting lists of disabled people wishing to use the service.
A ferry service also operates between Malta and its sister island Gozo. The service is accessible and the staff have received disability equality training organized by the Commission for the Rights of Persons with Disability. Disabled people can travel free of charge if they are in possession of a Special ID card issued by the Commission.
Links
- Malta & Gozo Public Transport Reform
- Tal-Linja Concession Card
- Gozo Channel Company Limited website
- Equal Opportunities (Persons with Disability) Act (Chapter 413)
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C2. Built environment accessibility
The Equal Opportunities (Persons with Disability) Act established that all public and private buildings that are for the use of the public have to be accessible to all. This also includes outdoor property, such as gardens and pavements. Planning applications for buildings open to the public that are submitted to the Malta Environment and Planning Authority are vetted by the Commission for the Rights of Persons with Disability to establish their conformity with the Accessibility for All in the Built Environment Standards (SM 3800:2015). Permits for buildings are dependent, among other things, on clearance from the Commission regarding accessibility. Developers can apply for exemptions for valid financial or technical reasons. These applications are assessed by the Commission.
Links
- Equal Opportunities (Persons with Disability) Act (Chapter 413)
- Access for All Design Guidelines
- Accessibility for All in the Built Environment Standards (SM 3800:2015) - MCCAA Page
- Accessibility For All in the Built Environment Standards - Text
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C3. ICT and Web accessibility
In Malta, ICT solutions and websites in particular must conform to international ICT accessibility standards. Government websites and commercial websites are audited and certified by the Foundation for Information Technology Accessibility (FITA), which also assists service providers in ensuring that their ICT products are accessible to disabled persons in Malta and Gozo (Malta's sister island). FITA also provides consultancy services and training on the effective use and procurement of accessible ICT solutions, courses in the use of ICT for disabled people, especially the use of screen-reader software for people with visual impairments, and courses for people with intellectual disability. In 2012, FITA launched the Maltese Speech Engine which now provides increased accessibility for persons with visual impairment as they can also read computer-based texts in Maltese. Malta has not signed and/or ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
Links
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Netherlands
C. Accessibility
C1. Transport accessibility
Accessibility of public transport is a provision in the Act on Equal Treatment on the Grounds of Disability or Chronic Disease (2003) since 2012. Public transport providers are required to provide accessibility to trains, buses, trams and stations according to a specific time schedule laid down in the Code on Accessible Transport. The general rule is that new vehicles and newly built stations should be accessible. Vehicles already in use and existing stations should be gradually made accessible according to the time schedule (e.g. trams until 2020, trains until 2030). Providers who do not abide by the time schedule might face a complaint procedure before the Institute for Human Rights by affected individual passengers with disability. If a municipality is the actual provider of public transport, passengers cannot submit complaints to the Institute. Local, provincial or national government are legally exempted from any complaint procedures before the Institute for Human Rights based on the Act for Equal Treatment on the Ground of Disability or Chronic Disease (2003).
Accessibility does not mean full accessibility according to the Code Accessible Transport. Local and provincial governments (responsible for public transport) may decide to lessen ambition if costs of accessibility are higher than providing special transport to passengers with disabilities. The ambition of the Code is that most passengers can use accessible public transport on most used lines. For instance, 75 % of railway stations and trains should be accessible by 2030, in order to reach 90 % of railway passengers.
In 2018, 52 % of railway stations were made accessible. The national government has announced new targets for accessibility in light rail and bus transport as of 2019.
Taxis, small public transport buses (for a maximum of eight passengers) and tourist coaches are not considered public transport but private transport. Complaints about inaccessibility and discrimination regarding these private transport services should be considered as discrimination in goods and services provision. Delivery of goods and services falls since January 2017 under the scope of the Act on Equal Treatment on the Grounds of Disability or Chronic Disease. It is not clear what obligations exactly are required in order not to discriminate in delivering goods and services. In the Code on General Accessibility (Besluit algemene toegankelijkheid voor personen met een handicap of chronische ziekte) the legal duty to gradually provide general accessibility is being introduced.
The Dutch National Human Rights Institute criticised this Code because the terms ‘gradually’ and ‘general accessibility’ are not defined, and because there is neither a clear norm on accessibility nor a time schedule for its implementation. In reaction to this critique, the Government states in the Code on General Accessibility that the General Comment on Article 9 of the UN CRPD is to be used as ‘guideline’ and the action plans on accessibility are to be made by NGOs and DPOs per sector. The National Human Rights Institute noted in its implementation report CRPD that special transport for people with disabilities, meant for passengers who cannot use public transport, sometimes does not meet quality standards. The Institute also notes that municipalities sometimes refuse special transport to schools for children with disabilities.
Links
- Code on Accessible Transport
- Time Schedule on Accessibility of Public Transport
- Code on General Accessibility (Besluit algemene toegankelijkheid voor personen met een handicap of chronische ziekte)
- Letter by the Minister of transport on accessibility of public transport
- Report by the National Institute for Human Rights
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C2. Built environment accessibility
The Building Code (Bouwbesluit 2012) governs usability (including accessibility) of new buildings open to the public, including schools. Regulations vary from ruling the height of ceilings (at least 2.6 metres) and the width of passageways (at least 1.2 metres). A specific demand is that buildings which are open to public with a total floor surface of over 400 square meters should have accessibility arranged for at least 40 % of that floor surface. The main entrance, and at least one toilet, in such buildings should be fully accessible. Bars and restaurants over 150 square meters should have a fully accessible toilet. Newly built public schools should be 100 % accessible for people with motor impairments. New buildings that are open to the public for general meetings, health care or shopping should have 80 % of public floor space accessible. Accessibility requirements for buildings that have to be renovated are at the level of accessibility requirements that existed at the original construction date.
The Building Code itself contains no sanction in case regulations are violated. A criminal law procedure is possible since 2006 when the anti-discrimination provision was added to the Criminal Code (Wetboek van Strafrecht). This Code criminalises discriminatory acts in the performance of one’s job or one’s enterprise. It will have to be proven that such discrimination was deliberately intended. No one has ever used this criminal law procedure in the Netherlands for this purpose.
A private organisation in the Netherlands Projectbureau Toegankelijkheid issues the International Accessibility Symbol ITS after an inspection on request. The criteria are set by the Bureau according to what is deemed realistic in Dutch circumstances, according to a spokesperson. Since 2005 nearly 300 buildings have obtained the ITS symbol after the inspection. According to the Bureau, regulations of the Building Code are not always well-respected.
The ratification of the CRPD by the Netherlands induced the Code on General Accessibility (Besluit algemene toegankelijkheid voor personen met een handicap of chronische ziekte) in which the legal duty to gradually provide general accessibility (including accessibility in buildings) is being introduced. The Netherlands Institute for Human Rights criticised this Code because the terms ‘gradually’ and ‘general accessibility’ are not clearly defined, and because neither clear norms on accessibility nor a time schedule for its implementation are indicated. In reaction to this critique the Government states in the Code on General Accessibility that the General Comment on Article 9 of the UN CRPD is to be used as ‘guideline’ and the action plans on accessibility are to be made by NGOs and DPOs per sector.
Links
- Building Code 2012
- Dutch Bureau on (physical) Accessibility (PBT Consult)
- The Code on General Accessibility (Besluit algemene toegankelijkheid voor personen met een handicap of chronische ziekte)
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C3. ICT and Web accessibility
An accessible standard for the websites is published and monitored by the Private Foundation on Accessibility. The government strives to have all government websites to be accessible but goals are not met as there are neither specific regulations nor sanctions. The National Regulation is being prepared on digital infrastructure by the government and the government agencies at all levels. The regulation on accessibility will be part of this regulation.
Providing information on the websites falls under the scope of the Act on Equal Treatment on the grounds of disability/chronic Illness. Not providing reasonable accommodation in ICT and websites might be viewed as discrimination. The Netherlands Institute for Human Rights takes complaints on inaccessible apps and websites.
Links
- Private Foundation on Accessibility
- Act on Equal Treatment on the Grounds of Disability or Chronic Illness 2003
- Government website on proposal for Regulation of digital information by the government and all government agencies
- Judgment (2017-107) on discrimination through inaccessible app by a bank
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Poland
C. Accessibility
C1. Transport accessibility
The Charter of Rights of Persons with Disabilities (1997) acknowledges that people with disabilities have the right to live in an environment free of functional barriers, including to the use of public transport. The Charter, however, was approved in the form of a resolution, so it is not binding, but rather represents the will of the Parliament. Legislation adopted after 1 August 1997 cannot contradict the terms of the Charter. The Charter also imposes an obligation on the Polish Government to provide information concerning implementation of the rights of persons with disabilities. According to the Act of 15 November 1984 (Transportation Law), transport providers are obliged to ensure passengers’ safety and comfort and other due services, as well as to take measures that will make the use of transportation easier, including for people with limited mobility and people with disabilities. The Act explicitly addresses the accessibility of vehicles, check-in desks, platforms and stops. Moreover, according to the regulation of the Minister of Transport and Building of 13 January 2006 timetables should specify the modes of transport that are accessible to people with disabilities and information related to concessionary fares. Issued in 2016 the Regulation of the Minister of Infrastructure and Construction amending the Regulation on the technical conditions of vehicles and the scope of their necessary equipment (Journal of Laws No. 858, item 858) sets out the requirements for city buses with regard to technical devices facilitating access for passengers with reduced mobility. Improving transport accessibility for people with disabilities is one of the goals of the Polish Transport Development Strategy that runs until 2020, as well as Responsible Development Strategy.
According to the Central Statistical Office data, the share of adjusted buses in the total amount of buses increased from 84% in 2016 to 84.4% in 2017.
The total number of trams adjusted to carrying persons with disabilities increased by 3.6% (its share in the total number of trams increased from 29.7% in 2016 to 32.1% in 2017). There are 400 accessible railway stations, however, the passengers need to inform the company 48 before their travel in case of a need of support. Moreover, the Supreme Audit Office control report revealed that ‘poviat’ cities (second-level units of local government and administration in Poland) do not guarantee equal transport opportunities for persons with disabilities: only three out of ten cities offered 100% of vehicles being accessible, in other cities it was between 47-97%, yet accessible tram transport, for instance, in Bydgoszcz, was offered only in 4% of routes. The report also addresses the insufficiency of accessible information as well as information on the accessibility of transport.
Links
- Transportation Law (Act of 15 November 1984)
- The Charter of Rights of Persons with Disabilities
- Annual information on the implementation of the Charter
- Central Statistical Office (2017 transport activity results)
- Supreme Audit Office publication on transport accessibility (2016)
- Responsible Development Strategy
- 2016 Regulation of the Minister of Infrastructure and Construction amending the Regulation on the technical conditions of vehicles
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C2. Built environment accessibility
The 1997 Charter of Rights of Persons with Disabilities acknowledges that people with disabilities have the right to live in an environment free of functional barriers, including access to public offices, polling stations and public utilities. The Charter was approved in the form of a resolution, so it is not binding, but represents the will of the Parliament. Legislation adopted after 1 August 1997 cannot contradict the terms of the Charter. The Charter imposes an obligation on the Polish Government to provide information concerning the implementation of the rights of persons with disabilities. The 1994 Law on Construction introduced from 1 January 1995 the obligation to consider the needs of persons with disabilities in new construction projects and when modernising existing buildings, other public buildings and multi-family dwellings. All such buildings should be accessible for people with disabilities, including people using wheelchairs. More detailed requirements are set out in the Ministry of Infrastructure Regulation of 12 April 2002 on technical standards. In accordance with the Regulation of 25 June 2002 of the Minister of Labour and Social Policy on determining county tasks that can be financed from the resources of the State Fund for Rehabilitation of Disabled Persons, resources are to be used for the elimination of architectural barriers in and outside the home to help people with disabilities perform daily activities. Architectural barrier removal may be granted to a person with mobility difficulties. Reimbursement is made by the county government (the person concerned has to submit a written request to the County Family Assistive Centre, CFAC). Up to 80% of the costs may be reimbursed but no more than fifteen times the average monthly remuneration. Every CFAC provides a detailed catalogue of equipment, materials, and works that can be reimbursed. In 2015 the Ministry of Infrastructure and Development published on technical conditions to be met by buildings and their location specifying accessibility criteria. Moreover, the Standards for designing buildings were published that embrace the concept of ‘universal design’. In 2018, the amended draft bill on accessibility was elaborated, which is currently under public consultations.
Importantly, in 2018 a new programme ‘Accessibility Plus’ (Dostępność Plus) was announced and is entered into the phase of implementation. According to its targets, approximately 1,000 public facilities will be made accessible to disabled persons, including schools (100), nurseries (100), universities (100), and healthcare centres. The programme also aims at ensuring digital accessibility of public institutions’ webpages and modernisation of public transportation.
Yet, according to the research conducted by the Supreme Audit Office, none of controlled 94 public buildings was 100% barrier-free, and 34% of controlled documents did not mention accessibility for disabled persons. Moreover, 63% of controlled municipalities (or ‘gminas’, in Polish) did not ensure social consultations on accessibility.
Links
- Act of 7 July 1994 – the Law on Construction
- The Ministry of Infrastructure Regulation on Technical Conditions
- Annual information on implementation of the Charter of Rights of Persons with Disabilities
- The Minister of Labour and Social Policy Regulation determining county tasks that can be financed from the resources of the State Fund for Rehabilitation of Disabled Persons
- Communication from the Ministry of Infrastructure and Development of 17 July 2015 on the publication the Regulation of the Minister of Infrastructure on technical conditions to be met by buildings and their location
- Standards on buildings design
- Accessibility Plus programme
- Draft Act on Accessibility
- Supreme Audit Office publication on accessibility of public spaces
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C3. ICT and Web accessibility
According to the Act of 6 September 2001 on access to public information, every person shall have the right to access public information. However, persons with disabilities are not specifically mentioned in this legislation. In 2010, on the basis of the amendments to the Act of 17 February 2005 on the application of information technology in public sector, minimum requirements for ICT systems have been extended, taking into consideration access to information for persons with disabilities. Persons with disabilities have been also included in the 125 projects undertaken in the framework of the Operational Programme Innovative Economy 2007-2013– 8.3 Counteracting Digital Exclusion – e-Inclusion. The Marrakesh Treaty was signed by Poland in 2014.
In 2018 the Act on Accessibility was drafted that aims at reaching accessibility of government and self-government administration websites by 2020. The bill introduces common standards, alternative access to information requirement, priorities of accessibility (information that has legal consequences must be accessible), a feedback mechanism (a citizen can inform on the inaccessibility of document) as well as financial penalties for the lack of accessibility. The first step of its implementation is the declaration of accessibility. The act was drafted to comply with the EU web accessibility directive, and underwent social consultations, during which the organisations participating in the annual Disabled Persons Congress issued their comments highlighting that the act focuses mostly on certain types of disabilities, not addressing sufficiently persons with intellectual disabilities. The authors pointed out that the Act is lacking clear definitions of ‘easy read’ and ‘AAC’, as well as a quota of disabled men and women in the Accessibility Council. The increased efforts on web accessibility are crucial, as according to the research conducted in 2013 by the Commissioner for Human Rights, as much as 70% of public institutions web pages was difficult to access.
Links
- Tasks undertaken in 2010 to implement the 1997 Charter of Rights of Persons with Disability
- Operational Programme Innovative Economy 2007-2013 – List of Beneficiaries
- Central Statistical Office (ICT in 2010)
- Act on access to public information
- Draft Act on Accessibility
- Disabled Persons Congress comments to the Draft Act on Accessibility
- Report on public institutions web accessibility (2013)
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Portugal
C. Accessibility
C1. Transport accessibility
Denying and limiting access to public transportation is expressly prohibited by the Anti-discrimination Law (Law 46/2006 of 28 August 2006). Decree-Law 58/2004 of 19 March 2004 defines the accessibility standards for newly acquired public buses (transposition of the European Parliament and Council Directive 2001/85/EC). New trains must ensure the accessibility standards defined in the COST 335 norms (COST 335 - Passengers' accessibility of heavy rail systems, final report, November 1999). In addition, Decree-Law 252/98 of 11 August provides for the licensing of accessible taxis. The Accessibility Law (Decree-Law 163/2006 of 8 August 2006) further requires that railway stations, subway stations, bus central stations and bus stops, ferry piers, airports, petrol stations and service areas in motorways are accessible to disabled persons. Deadlines for the implementation of the accessibility standards varied according to the construction year of the facilities (ranging from 5 to 10 years). After the deadlines, non-compliance with the accessibility standards can be sanctioned as follows: individual person from EUR 250 to EUR 3,740.98 and collective persons from EUR 500 to EUR 44,891.81. In case of further non-compliance, the fine adds to the maximum amount mentioned above an additional amount that ranges from EUR 1,870.49 to EUR 22,445.91. In 2017, as the accessibility obligations were not yet in place, a new Decree-Law was adopted (Decree-Law 125/2017 of 10 April 2017). This new Decree-law assigned the National Institute for Rehabilitation (INR, I.P.) the responsibility for awareness-raising and monitoring the implementation of accessibility standards and foresees the implementation of a Commission in charge of assessing accessibility in public buildings at national level.
Further to the law, a National Plan for the Promotion of Accessibility (PNPA) 2007/2015 (Resolution of the Ministers Council 9/2007) established a set of actions to remove disabling transport barriers to be implemented in two phases: 2007- 2010 and 2011-2015: facilitating the allocation of parking cards for disabled people; promoting accessibility in all underground stations; promoting accessibility at railway stations, including accessibility in circulation areas, at service counters, ticket vending machines and installing adapted toilet facilities for use by persons with disabilities; and progressively replacing the fleet of buses, with special priority for those operating in urban areas. The second phase of the plan for 2011-2015, however, never started.
Law 72/2013 of 3 September 2013 amends the Road Code (Codigo da Estrada), particularly with regards to persons with disabilities. It introduces a legal definition of 'vulnerable users' which includes persons with reduced mobility or disabled people, as well as children, elderly, pregnant women, pedestrians and bicycles, for whom specific rules are established along the Code aimed to guarantee their safety; the Code further defines the 'zone of co-existence' as the area of road specially designed and marked for shared use by pedestrians and vehicles. These areas must take into account the needs of 'vulnerable users', with particularly respect for the principles of inclusive design. The Code also includes new rules about the transportation of disabled children, taking into account their specific safety needs.
In addition, Portugal introduced the Strategic Plan of Transportation - Sustainable Mobility (Plano Estratégico dos Transportes - Mobilidade Sustentável (PET)) by the Resolution of the Council of Ministers 45/2011 of 10 November 2011 which targeted to implement a vast programme of reforms during 2011-2015, covering public transport companies, road infrastructure, maritime and air transportation. The Strategic Plan of Transportation and Infrastructure 2014-2020 (PETI3+) (Plano Estratégico dos Transportes e Infraestruturas) is an update of PET 2011-2015 that implies the second phase of structural reforms to be undertaken to increase accessibility, as well as a set of investments into transport infrastructures to be completed by the end of this decade.
Links
- Accessibility on Public Transportation (Decree-Law 58/2004)
- Anti-discrimination Law
- Accessibility Law
- Road Code (Law 72/2013)
- Resolution of the Council of Ministers 45/2011 of 10 November
- The Strategic Plan of Transport and Infrastructure 2014-2020 (PETI3+)
- Decree-Law 125/2017 of 10 April 2017
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C2. Built environment accessibility
The Anti-discrimination Law (Law 46/2006 of 28 August 2006) requires that public buildings and public-use facilities are made accessible to disabled persons. The Accessibility Law (Decree-Law 163/2006, of 8 August) defines the accessibility standards for public buildings, spaces, and facilities, and contains general norms and principles that should be applied to residential buildings (either social housing or private sector housing). These standards apply both to old and new buildings. The deadlines for the implementation of the accessibility standards varied, ranging from five to 10 years. After these deadlines, non-compliance with the accessibility standards will be sanctioned as follows: individual person from EUR 250 to EUR 3,740.98, and collective persons from EUR 500 to EUR 44,891.81. However, the implementation of the accessibility standards is not required when:
- the elimination of architectural barriers is disproportionately difficult;
- it requires economic and financial means that are disproportionate or not available;
- the implementation of accessibility standards would affect significantly the cultural and historical heritage.
The legislation on urban regeneration (Decree-Law 53/2014 of 8 April 2014) also provides a temporary exemption from compliance with accessibility standards. Accordingly, all regeneration works carried out in old buildings (more than 30 years old) are not required to meet accessibility standards, provided that the building is intended for housing.
From 2007 to 2015, the National Plan for the Promotion of Accessibility (PNPA) was introduced by the Resolution of the Council of Ministers 9/2007 that identified three main goals: 1) to raise awareness; 2) to provide information; and 3) to provide training on accessibility issues, and established a set of measures to remove barriers to accessibility in transportation and the built environment, in workplaces, housing and ICT. The National Institute for Rehabilitation (INR, I.P.) evaluated the implementation of the first phase of the PNPA measures (2007-2010), however, the report of the second phase (2011-2015) was not made available. The INR also coordinates several accessibility-related programmes such as Accessible Beach for All; Alert School Project; The Accessibility Guide 'Accessibility and Mobility for All.'
Decree-law 125/2017 of 4 October 2017 introduced amendments to Decree-Law 163/2006 and assigned to the INR the responsibility for awareness-raising and monitoring the implementation of accessibility standards; and foreseen the implementation of a Commission in charge of assessing accessibility in public buildings at national level.
Links
- National Institute for Rehabilitation, INR, I.P. (information on accessibility)
- Anti-discrimination Law
- Accessibility Law
- INR programmes and projects
- Accessible Beach for All ('Praia Acessível')
- Law on urban regeneration (Decree-Law 53/2014)
- PNPA
- The Accessibility Guide
- Decree-law 125/2017 of 4 October 2017
- Journal Publico (video interview of Carlos Nogueira about accessibility in Portugal and in Lisbon)
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C3. ICT and Web accessibility
ICT and website accessibility are required by the Action Plan for Information Society adopted through Resolution of the Council of Ministers 107/2003 of 12 August 2003 and are promoted in the National Programme for the Participation of Citizens with Special Needs in the Information Society (approved by the Resolution of the Council of Ministers 110/2003 of 12 August). Some of the proposed measures were included the promotion of accessibility on public television channels and training on Internet usage for persons with disabilities. In this context, the Digital Inclusion Programme was created through Ordinance 1354/2004 of 25 October 2004, and funds were made available to support projects aiming to train and improve access to ICT by persons with disabilities and older persons.
In 2009, the Portuguese government created a web accessibility unit: UMIC (Unidade de Missão Inovação e Conhecimento). The UMIC-Agency implemented the ACCESS Programme, which among other things, translated into Portuguese and made available on the internet the WCAG 2.0 Web Content Accessibility Guidelines of the W3C World Wide Web Consortium, and has created a certification system to assess web accessibility. In addition, the Resolution of the Council of Ministers 155/2007 of 27 September approved the Guidelines for the Accessibility of Government and Central Administration Websites. Since 1 March 2012, The Foundation for Science and Technology in Portugal (Fundação para a Ciência e a Tecnologia, FCT, I.P.) has been assigned responsible for coordinating public policies related with the Information and Knowledge Society in Portugal. The FCT has undertaken responsibility over the operation of the UMIC Agency and ACCESS Programme and created the Portuguese Observatory of Web Accessibility (Observatório Português da Acessibilidade Web). Portugal did not sign the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
Decree-Law 83/2018 was approved on 19 October 2018 transposing the European Directive 2016/2102 on the accessibility of Internet sites and mobile applications of public sector bodies into domestic law. This Decree-law regulates the accessibility of the public sector’s websites and mobile applications that have to be made accessible to users, especially persons with disabilities. This Law enters into force on 1 January 2019.
Links
- Action Plan for Information Society
- Ordinance 1354/2004 of 25 October 2004 (Digital Inclusion)
- The National Programme for the Participation of Citizens with Special Needs in the Information Society
- Information on electronic accessibility (INR, I.P.)
- The Resolution of the Council of Ministers 112/2012 of 31 December
- The Resolution of the Council of Ministers 155/2007 of 27 September
- The Resolution of the Council of Ministers 110/2003 of 12 August
- FCT, I.P. (Information Society)
- Unidade Acesso (ACCESS Programme)
- Portuguese Observatory of Web Accessibility (Observatório Português da Acessibilidade Web)
- Decree-Law 83/2018 of 19 October 2018
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Romania
C. Accessibility
C1. Transport accessibility
Accessibility measures for transportation of persons with disabilities in Romania are included in Law 448/2006, on the protection and promotion of the rights of persons with disabilities (Chapter IV – Accessibility, Article 64). According to this law, all new means of public transportation have to be accessible for persons with disabilities. Old forms of public transportation must be adapted progressively within a specified time scale. In practice, despite two deadlines set for these adaptations - one in 2007 and another in 2010 - this timeframe has not been entirely met. Parking places, as well as bus and tram stations, have to be adapted for all persons with disabilities. A blue parking card was introduced in Romania in 2006, giving persons with disabilities access to special parking places. Persons with severe disabilities, as well as their personal assistants, may benefit from a specific number of free train and intercity tickets per year. Trains must have at least one carriage adapted for wheelchair users. Taxis are obliged to transport persons with disabilities at their request. All taxi operators have to have at least one adapted vehicle for persons with reduced mobility or who are wheelchair users. According to the National Disability Strategy adopted in 2016, local and national public transport services have a low level of accessibility, with the railway transport being the least accessible. The most accessible is air transport, as a result of the implementation of the regulations and standards that apply to all EU Member States.
The monitoring report of 2017 has demonstrated that 78% of the airports in Romania and 89% of Romanian air carriers comply with the provisions of Regulation (EC) No. 1.107 / 2006 of the European Parliament and of the Council on the rights of disabled persons and persons with reduced mobility during the journey by air.
Links
- Law 448/2006
- Monitoring Report 2017 on the implementation of the Regulation (EC) No. 1.107 / 2006 of the European Parliament and of the Council on the rights of disabled persons and persons with reduced mobility during the journey by air
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C2. Built environment accessibility
Accessibility measures related to public buildings and roads in Romania are included in Law 448/2006 on the protection and promotion of the rights of persons with disabilities (Chapter IV – Accessibility, Article 62 and 63). All new public buildings have to be accessible for persons with disabilities, including public or private buildings (that are improved or renovated with public funds). Authorisations for construction cannot be given unless the accessibility conditions are in place. The accessibility standards for public buildings were issued in 2001 (NP 051/2000 regarding the adaptation of public buildings and urban spaces for persons with disabilities, approved through the Order of the Ministry of Public Works no.649/2001) and updated in 2013 (NP 051/2012 adopted in Regulation no 189/2013). In practice, despite the deadline for these complex adaptations measures set for 2007 and 2010, this timeframe has not been fulfilled entirely. Many public buildings and means of access remain inaccessible for wheelchair users or persons with sensory disabilities. The problem was also addressed by the National Disability Strategy stated that: "most housing and public utility buildings remain inaccessible to people with disabilities due to lack of ramps, inaccessible doors and sanitary." The Strategy also states that the main reason for these issues is the lack of a firm commitment to ensuring accessibility of local and central authorities.
Links
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C3. ICT and Web accessibility
In Romania, the Law 448/2006, on the protection and promotion of rights of persons with disabilities sets out rules for accessibility regarding ICT and Web sites. By 31 December 2007, all websites and communication supports of the public institutions had to become accessible for all persons with disabilities (Chapter IV – Accessibility, Article 66-71). In practice, this deadline was not respected. Methodological Norms for implementation of the Law were released through the Government Decision no1147/2012. The Social Inspection is the agency responsible for applying sanctions in this sense.
Links
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Slovakia
C. Accessibility
C1. Transport accessibility
The regulations of the European Parliament and Council containing obligations relating to transport, airport terminals, ports, railway and bus stations, including technical equipment for enabling access to transportation for persons with disabilities, and the building of acoustic and visual information systems for people with disabilities are implemented in the Slovak legislation (e.g. Regulation (EC) No. 1107/2006 and Regulation (EC) No. 1371/2007).
In regard to road transport: The legislation regulating road transport - Act No. 56/2012 Coll. on Road Transport pays special attention to people with disabilities. First, the special rights and duties of passengers with disabilities and passengers with reduced mobility are part of the transport regulation which contains the details about the rights and duties of the transport authority and the passengers. Second, a passenger with disability with a guided dog or a passenger with reduced mobility has the right for a reserved place in the vehicle. Third, technical standards on transportation of passengers with disabilities and passengers with reduced mobility are part of the 'Agreement on Services' signed between the customer and provider of the public transport services. Finally, the existing transport infrastructure (bus waiting rooms and bus stops) must take into account the requirements for barrier-free access for persons with disabilities. Otherwise, the owners or providers of this transport infrastructure are in a risk of a fine ranging from EUR 1,000 to EUR 15,000.
In regard to railway transport: According to the Railways Act No. 513/2009 Coll., the rail infrastructure and railway cars have to be accessible for persons with disabilities and persons with reduced mobility in order to provide their barrier-free access to railway transport on an equal basis with other users. At the stations, stops and platform the rail provider is obliged to introduce and maintain the information system necessary for passengers' orientation, including the passengers with visual impairment and the passenger with hearing impairment. The rail provider is also obliged to ensure that the station, stops and platform are accessible to persons with physical disability. The provider who does not keep the information system rules can pay a fine ranging from EUR 800 to EUR 10,000.
According to the Decree No. 351/2010 Coll. on Railway Transport Rules, visual information about the train timetable have to be accessible via acoustic, tactile and visible elements used by persons with sensory impairments. Detailed measures for transportation of persons with disabilities are set in separate transportation rules. According to these rules, a person with disability or a person with reduced mobility can request assistance during the travel. However, he/she has to apply for assistance at least 24 hours in advance and arrive at the station no later than 30 minutes before the train's departure. The railway services provide reduced fare rates for persons with severe disabilities and free transportation for guardians/assistants of persons with disabilities.
In regard to air transport: Act No. 143/1998 Coll. on Civil Aviation imposes on the carrier the obligation to mitigate the travelling of persons with disabilities.
Links
- Act No. 56/2012 Coll. on Road Transport, as amended [Zákon č. 56/2012 Z. z. o cestnej doprave]
- Railways Act, No. 513/2009 Coll., as amended [Zákon č. 513/2009 Z. z. o dráhach a o zmene a doplnení niektorých zákonov]
- Decree No. 351/2010 Coll. on Railway Transport Rules, as amended [Vyhláška č. 351/2010 Z. z. o o dopravnom poriadku dráh]
- Transport rules of the Railway company Slovakia [Prepravný poriadok Železničnej spoločnosti Slovensko a.s.]
- Act No. 143/1998 Coll. on Civil Aviation, as amended [Zákon č. 143/1998 Z. z. o civilnom letectve (letecký zákon) a o zmene a doplnení niektorých zákonov]
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C2. Built environment accessibility
There are two approaches on how to ensure accessibility of the built environment for persons with disabilities:
- Provisions within general building conditions.
Act No. 50/1976 Coll. On Land-use Planning and Building ('The Building Act') incorporates in Section 47 and the following paragraphs the binding nature of the general technical requirements for the constructions used by persons with reduced mobility, specifying the requirements for territorial-technical design of the construction development and for the specific design of construction. Legal entities, natural persons, state administration and self-administration bodies shall follow these requirements in the phase of positioning, designing, approving, execution, final building approval, exploitation and removal of the construction.
More detailed requirements to ensure a barrier-free environment are set up in Decree No. 532/2002 Coll. laying down details on the general technical requirements for the construction and general technical requirements for the constructions used by persons with reduced mobility. The Decree is applied in the design and approval of the local field plan, during the positioning, designing, approval, execution and use of the construction and in the phase of changes of the construction (extension, super structure, construction adaptation). There are explicit requirements for making buildings accessible for persons with reduced mobility, for blind and partially sighted persons and for hearing impaired persons.
- Individualised provisions. These provisions are set up in Act No. 447/2008 Coll. on Direct Payments to compensate consequences of severe disabilities. This refers specifically to direct payment for adaptation of dwellings and garage spaces (Section 37 of the Act) provided to persons with severe disabilities to guarantee their free moving or communication. Provision of this type of direct payment is needs- and means-tested (i.e. income, property).
Links
- Act No. 50/1976 Coll. On Land-use Planning and Building, as amended (the Building Act)
- Decree No. 532/2002 Coll.
- Act No. 447/2008 Coll. on Direct Payments to compensate consequences of severe disabilities
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C3. ICT and Web accessibility
Under Article 26 of the Slovak Constitution (Act 460 of 1992, as amended), the right to information is guaranteed 'to everyone'. Public authorities are obliged to provide information in certain ways that are specified in Act No. 275/2006 Coll. on informational systems of public administration (Zákon o informačných systémoch verejnej správy). The Act establishes the rights and obligations of the public authorities to set up, administer, use and develop information systems. The main responsibilities are with the Ministry of Finance of the Slovak Republic that issued Regulation 55/2014 Coll. on standards for informational systems of public administration, as amended (Výnos 55/2014 o štandardoch pre informačné systémy verejnej správy v znení neskorších predpisov). The Standards of web accessibility presented Annex 1 include all standards for web accessibility corresponding with the required international standards in this field.
The Act No. 305/2013 on e-Government (Zákon č. 305/2013 Z. z. Zákon o elektronickej podobe výkonu pôsobnosti orgánov verejnej moci a o zmene a doplnení niektorých zákonov) regulates the public administration electronically and requires in Article 4 that all access points, common modules and functionalities under their administration are accessible to people with disabilities.
According the Author’s Act No. 185/2015 Coll., Articles 46 and 46a, making printed publications accessible for persons with disabilities and persons with reading disorders without the author’s agreement is not considered as the copyright infringement.
Links
- Act No. 275/2006 Coll. on Informational Systems of Public Administration
- Regulation No. 55/2014 Coll. on Standards for Informational Systems of Public Administration
- Act No. 305/2013 on e-Government
- Act No. 185/2015 Coll. (the Author’s Act)
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Slovenia
C. Accessibility
C1. Transport accessibility
Article 16 of the Equalisation of Opportunities for People with Disabilities Act 2010 regulates the accessibility of public transport service. It states that people with disabilities should have equal access in road, rail and sea transport. According to the Act, it is an obligation of the State, the municipalities and public transport providers to make every public transport line accessible. Accessibility provisions should be made for people with reduced mobility and sensory impairments and include architectural and information accessibility. Only when adjustment to a regular line would mean a disproportionate burden to the provider, special transport for a person with disabilities has to be organised, but at no additional cost to the person with disability. The Act envisages a 10 to 15 year transition period; this means that transport accessibility for people with disabilities is planned to become an actual right in 2025. In the Action Plan for Persons with Disabilities (2007 - 2013), Objective 3 addressed some provisions on transport accessibility. However, these were no concrete provisions and no timeframe for implementation-was forseen. The measures included adaptation of all means of transport for people with physically and sensory impairments, accessibility of city and intercity transport, accessibility of stations and commitment to EU Directives No. 2001/85, Directive No. 96/48, Regulation COM 2004/143, EU document COM 617/1999, Regulation (ES) No. 1107/2006 of the European Parliament and Council from 5 July 2006. Some transport services are provided by disabled people’s organisations for their members (e.g. Association for muscular dystrophy, Associations of paraplegics, Associations for cerebral palsy, etc.). However, these services are not available to non-members or in rural areas. The Action Plan for Persons with Disabilities 2014-2021(Objective 3) does not include any concrete provisions is this area.
Links
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C2. Built environment accessibility
Accessibility of the built environment is a subject of the Construction Act which has been in use from 1 January 2003 (Art. 17 has provisions for accessibility of the built environment for people with disabilities), and the Spatial Planning Act in use from 1 January 2003. More detailed standards for the accessibility of buildings are the Slovene standard SIST ISO /TR 9527 – building construction (accepted), and Rules for demands to ensure accessible entrance and use of buildings in public use and bigger residential units (changed after the decision of Constitutional Court). According to Art.17 of the Construction Act, all new buildings in public use and those that will be renovated, are obliged to provide a barrier free (built and communication) access for functionally disabled persons; access to higher floors must be assured by elevators or similar devices and multi- residential units have to have at least 10%of all apartments, and all common rooms accessible. The Ministry for the Environment and Spatial Planning also adopted a document called ‘Rules for demands to ensure accessible entrance and use of buildings in public use and bigger residential units’ which in Article 4 narrowed the obligations for accessibility standards: for example, only bigger hotels with 50 or more rooms should be accessible. But after a law suit by a disabled person in 2009, the Constitutional Court decided that this Article was not in line with the Constitution and the existing anti-discrimination provisions, and it had to be changed. An accessible environment has been one of the goals in the Action Plan for Persons with Disabilities 2007-2013 and it is also included in the Equalisation of Opportunities for Persons with Disabilities Act from December 2010. According to this Act, public buildings should all be accessible by 2025 and fines are envisaged for organisations that do not comply.
Links
- Rules on universal construction and the use of construction works, 2018 (Official Gazette of the Republic of Slovenia, No. 41/2018)
- Spatial Planning Act (Official Gazette of the Republic of Slovenia, No. 61/2017)
- National Guidelines to improve built environment, information and communications accessibility for people with disabilities, 2005 (Official Gazette of the Republic of Slovenia, No. 113/2005)
- Constitutional Court decision about the annulment of Article 4 of Rules for demands to ensure accessible entrance and use of buildings in public use and bigger residential units, 2009 (77/2009)
- Accessibility of a built and communication environment as a precondition for social inclusion for people with disabilities-user’s perspective (Final Report 2008)
- Improving the opportunity of disabled - accessibility to goods and services that are available to the public 2014
- Equalisation of Opportunities for Persons with Disabilities Act 2010 (Official Gazette of the Republic of Slovenia, No. 94/2010, 50/2014, 32/2017)
- Action Plan for Persons with Disabilities 2007-2014
- Action Plan for Persons with Disabilities 2014-2021
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C3. ICT and Web accessibility
The Ministry for Public Administration has in 2008 adapted the whole State Portal of the Republic of Slovenia, an e-administration portal with procedures and forms important to citizens when dealing with public administration, by following instructions W3C WCAG 2.0 EU. The Portal now corresponds to the standard W3C WAI level A and includes a speaker feature that reads aloud some of the content of the site. Article 17 of the Equalisation of Opportunities for Persons with Disabilities Act 2010 (EOPDA) envisages the right of people with sensory and other disabilities to some communication aids that are not included in other Acts (i.e. if they are not entitled to them because they did not have their disability insurance, etc.). The types of aids and their standards are not set out in EOPDA and should have been defined in supplementary administrative regulation by the responsible Ministry of Labour, Family, Social Affairs and Equal Opportunities, but have not yet been accepted. Specific rights under this provision are therefore not implemented.
National Guidelines for improving accessibility of the built environment, information and communication systems for disabled, adopted by the Government in 2005, recognises accessibility as a tool for integration of disabled people. On the basis of these Guidelines, the following services are now accessible:
- Television and radio services - People with disabilities are entitled to be exempt of payment of general fee for the use of radio and television; the right is defined in Article 32 of Radiotelevizija Slovenia Act (Zakon o Radioteleviziji Slovenija). People with disabilities with a 100% or less bodily impairment are entitled, as well as with deaf people or people who are receiving the assistance and attendance allowance. In 2010, there were 17,043 persons who were exempt of this payment (according to the data of RTV – Radio and Television).
- Telephone services - Articles 2 and 3 of the Act defines the rights in regard to the telephone connections. Persons with disabilities are entitled to priority service for telephone connections as well as telephone connection repairs and a 50% discount of the connection fee. Entitled persons are people with 80% bodily impairment due to vision loss; people with 60% bodily impairment due to hearing loss; people with 80% bodily impairment. Article 4 defines that conditions for the use of telephone services and price lists must be available in voice form or/and Braille, for persons with vision impairments.
- Internet services - A contract between the Ministry of Labour, Family, Social Affairs and Equal Opportunities and ARNES (public internet provider) enables users with disability and disabled people organisations to use internet services for free. Each user can receive an email account and access to the internet. In 2011, there were 53 organisations using this right, as well as 1,789 individual persons. The Equalisation of Opportunities for Persons with Disabilities Act (2010) speaks of the right to assistive devices that individuals need in their life to overcome communication barriers to ensure a safe and independent life and are used to access information, to communicate and adapt their living environment. All regulations connected to this Act are not adopted yet, so it is presently unknown to what extent these rights are enacted (in terms of financial support for adaptations).
In March 2019 there was a public discussion about the European Accessibility Act by the Slovenian MP EU and NSIOS.
Links
- Radiotelevizija Slovenija Act 2005 (Official Gazette of the Republic of Slovenia, No. 96/2005, 109/2005, 105/2006, 26/2009 and 9/2014)
- Decree on measures for disabled end-users 2014 (Official Gazette of the Republic of Slovenia, No. 38/2014)
- Improving the opportunity of disabled - accessibility to goods and services that are available to the public 2014
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Spain
C. Accessibility
C1. Transport accessibility
Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination, and universal accessibility for persons with disabilities, introduces the principle of ’universal accessibility‘ in law. In Article 7 of Law 51/2003, ‘reasonable accommodation’ is defined as ’measures to adapt the physical, social, and attitudinal environment to the specific needs of persons with disabilities which effectively and practically, without involving a disproportionate burden, facilitate accessibility or participation for a person with a disability on the same terms as other citizens‘. The material scope of this Law is telecommunications, built-up public spaces and buildings, transport, goods and services available to the public, and relations with public administration. In Spain, the Autonomous Regions have exclusive responsibility (i.e. they legislate and execute legislation) in the field of accessibility on their territories. Royal Decree 1544/2007 of 23 November that regulates the basic conditions of accessibility and non-discrimination for access and use of transport for people with disabilities is the specific legislation in this area. The regulations referring to vehicles and also buildings and facilities involved in transport activity are to be found in this Decree. Spain implemented the National Accessibility Plan 2004-2012 that targeted to consolidate a ‘Design for All’ (universal design) model, aiming to introduce accessibility in public infrastructure, to create a regulatory system for the promotion of accessibility, to adapt environments, products and services to 'Design for All' criteria, and to promote accessibility in new technologies. In August 2011, Law 26/2011 of 1 August on Normative Adaptation to the UN Convention on the Rights of Persons with Disabilities was proclaimed that introduced several amendments into Law 51/2003. Thus, the fifth additional provision with the following wording was added: 'Fifth additional provision. Assessment of accessibility in State-owned infrastructure'. Projects of general interest of transportation infrastructure such as roads, railways, airports and ports, promoted by the General Administration of the State, will incorporate accessibility assessment that will examine alternatives and determine the technical solutions needed to ensure universal design and non-discrimination for all citizens with disabilities.
Law 38/2015 on the Rail sector was adopted on 29 September 2015, which regulates the reform of rail transport and includes, among its measures, the targets to improve the quality and accessibility. It states that the travel agencies must facilitate information in appropriate, accessible and understandable formats. The rail sector should also ensure that the services are provided in accordance with the rules governing the basic conditions of accessibility and non-discrimination for access and use of rail transport. Failure to comply with the accessibility is considered a very serious offense.
Links
- Law 51/2003 of 2 December on Equal Opportunities, Non-Discrimination, and Universal Accessibility for Persons with Disabilities
- Law 26/2011 of 1 August on Normative Adaptation to the UN Convention on the Rights of Persons with Disabilities
- Law 38/2015 of 29 September on the Rail sector
- Country Report on Measures to Combat Discrimination (Cachón, 2009)
- Royal Decree 1544/2007 of 23 November Regulating the Basic Conditions of Accessibility and Non-Discrimination for Access to and use of means of transportation by persons with disabilities (in English)
- Royal Decree 1544/2007 of 23 November Regulating the Basic Conditions of Accessibility and Non-Discrimination for Access to and use of means of transportation by persons with disabilities (in Spanish)
- The National Accessibility Plan 2004-2012
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C2. Built environment accessibility
Law 51/2003 of 2 December 2003 on Equal opportunities, non-discrimination, and universal accessibility for persons with disabilities has introduced the principle of 'universal accessibility'. In Article 7 of this Law 'reasonable accommodation' is defined as 'measures to adapt the physical, social, and attitudinal environment to the specific needs of persons with disabilities which effectively and practically, without involving a disproportionate burden, facilitate accessibility or participation for a person with disability on the same terms as for other citizens'. The material scope of this Law is telecommunications, built-up public spaces and buildings, transport, goods and services available to the public, and relations with public administration.
Royal Decree 505/2007 of 20 April approves the basic conditions of accessibility and non-discrimination of persons with disabilities in access and use of urban public spaces and buildings, and sets out accessibility and non-discrimination standards in public spaces and infrastructures. Law 51/2003 provides that new goods and services must comply with the accessibility conditions before 2011 if they are public, and before 2021 if they are private. In this sense, newly developed public spaces and housing ought to comply with the accessibility norms before 2011. In August 2011, Law 26/2011 of 1 August, on the Normative Adaptation to the UN Convention on the Rights of Persons with Disabilities was proclaimed affecting Law 51/2003. In relation to accessibility, the essential element for the full realisation of the rights of persons with disabilities is the modification of the Horizontal Property Law. In the amended legislation, paragraph 2 of Article 10 of Law 49/1960 of 21 July on Horizontal Property, now states: "2.[…] the community of dwellers , at the request of the owners in whose appartments people with disabilities or persons over seventy years of age live, work or perform voluntary services, , will be obliged to make appropriate adaptations so that the common parts of the building can be used, or mechanical and electronic devices are installed that favour communication with the external environment. The total cost of these adaptations must not exceed twelve months of common expenses". The fifth additional provision with the following wording was also added: 'Assessment of accessibility in State-owned infrastructures'. Therefore, projects of general interest of transportation infrastructure such as roads, railways, airports and ports, promoted by the General Administration of the State, will incorporate an accessibility assessment that will examine alternatives and will determine the technical solutions needed to ensure universal accessibility and non-discrimination for all citizens with disabilities. More recently, Law 8/2013 of 26 June, on Rehabilitation, regeneration and urban reconstruction was adopted. In addition, each Autonomous Community has developed their own laws.
Most of Spaniards live in multi-unit housing or apartment buildings, so the previously mentioned laws are applicable to these living arrangements, given that they are applicable to both public and private properties. These apartments may be owned by those who live in them, or maybe rented. In any case, the owner or the landlord is responsible for meeting the accessibility requirements of the building. As mentioned earlier, the funding support for different adaptations and removal of barriers can be requested by disabled people to adapt their houses, or by a Community of owners if additional adaptations (e.g. elevators, ramps, etc.) are required to the building.
Links
- Law 51/2003 of 2 December 2003 on Equal Opportunities, Non-Discrimination, and Universal Accessibility for Persons with Disabilities
- Law 26/2011 of 1 August on Normative Adaptation to the UN Convention on the Rights of Persons with Disabilities
- Law 8/2013 of 26 June on Rehabilitation, regeneration and urban reconstruction
- Report on Measures to Combat Discrimination: Spain (Cachón, 2009)
- Royal Decree 505/2007 of 20 April regulating the basic conditions of accessibility and non-discrimination of persons with disabilities to the access and use of urban public spaces and buildings (in English)
- Royal Decree 505/2007 of 20 April regulating the basic conditions of accessibility and non-discrimination of persons with disabilities to the access and use of urban public spaces and buildings (in Spanish)
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C3. ICT and Web accessibility
Law 51/2003 recommends that the Government in the two-year interval, after its entry into force, establishes some basic conditions of accessibility and non-discrimination for the access to and the use of technologies, products and services related to the information society and the media. Royal Decree 1494/2007 of 12 November approves the regulation on basic conditions for access of disabled people to technologies, products and services related to information society and the media.
Law 34/2002 of 11 July on the Information Society and e-Commerce Services, in its fifth additional provision, obliges the public administration to adopt the necessary measures so that the information available on their respective Internet websites can be accessible to the elderly and to disabled people.
Law 26/2011 of 1 August on Normative Adaptation to the UN Convention on the Rights of Persons with Disabilities, includes normative adaptation concerning Services of the Information Society and E-Commerce, with the following wording: “Web pages that serve as a support or channel to online social networks, developed by entities whose annual operations turnover, calculated pursuant to the value added tax regulations, exceeds EUR 6,101,121.04, must satisfy from 31 December 2012, as a minimum, the average level of the generally recognised criteria of content accessibility.”
UNE 139803: 2012. Accessibility Requirements for web content is a Spanish standard approved as of July 2012 that establishes accessibility requirements for web content.
The Action Plan 2014-2017 for Equality between men and women in the Information society argues that although the digital access gap and the use of computers and the Internet in recent years tends to close, women continue to generally use ICT less frequently than men do. Considering this, the Action Plan includes among its objectives the goals of promoting the inclusion, literacy and training in new ICT occupations, which also concerns persons with disabilities Spain also signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled on 16 July 2015.
Royal Legislative Decree 1/2013 of 29 November in Article 24 refers to the basic conditions of accessibility and non-discrimination in the area of products and services related to the information society and social media. Article 28 of this Decree stipulates that within two years after this law enters into force, the Government must carry out comprehensive studies on accessibility of those environments or systems that are considered most relevant from the point of view of non-discrimination and universal accessibility. Article 29 refers to Basic accessibility and non-discrimination conditions for the access and use of goods and services available to the public. This law repeals Law 49/2007 of December 26, which establishes the system of infractions and sanctions in matters of equality of opportunity, non-discrimination and universal accessibility of persons with disabilities.
Law 19/2013 of 9 December on Transparency, access to public information and good governance, in its Article 5 specifies that all information shall be comprehensible, easily accessible and free of charge, and shall be available to persons with disabilities in appropriate formats, in accordance with the principle of universal accessibility and design for all.
Organic Law 8/2013 of 9 December on the Improvement of the education quality establishes that the widespread incorporation of the Information and Communication Technologies (ICT) into the education system, shall take into account the principles of design for all and universal accessibility, to allow the individualization of education and adaptation to each student's needs.
Royal Decree 1112/2018 on accessibility of websites and applications for mobile devices of the public sector, which came into force on 20 September 2018, transposes the European Directive 2016/2012 and requires that all websites and native apps of the Public Administration or those that receive public funding are made accessible.
Links
- Royal Decree 1494/2007 of 12 November regulating Basic Conditions for Access for Disabled People to the Technologies, Products and Services Related to Information Society and the Media (English Version)
- Royal Decree 1494/2007 of 12 November (in Spanish)
- Law 34/2002 of 11 July on the Information Society and e-Commerce Services
- Report on Measures to Combat Discrimination: Spain (Cachón, 2009)
- Law 26/2011 of 1 August on Normative Adaptation to the Convention on the Rights of Persons with Disabilities
- Action Plan 2014-2017 for Equality between men and women in the Information Society
- UNE 139803: 2012. Accessibility Requirements for web content
- Royal Legislative Decree 1/2013 of 29 November, approving the Consolidated Text of the General Law on the rights of persons with disabilities and their social inclusion
- Law 19/2013 of 9 December on Transparency, access to public information and good governance
- Organic Law 8/2013 of 9 December on the Improvement of the educational quality (LOMCE)
- Royal Decree 1112/2018 on Accessibility of websites and applications for mobile devices of the public sector
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Sweden
C. Accessibility
C1. Transport accessibility
The right of access to public transport for persons with disabilities was established in the Special Transport Act of 1979 and in a subsequent Regulation of 1980 (Special Transport Regulation), which allocates responsibility to The Swedish Transport Administration (Trafikverket), The Swedish Maritime Administration (Sjöfartsverket) and The Swedish Transport Agency (Transportstyrelsen) to initiate, plan and monitor accessibility in public transport. The Swedish Transport Administration has a coordinating function in this task. These authorities are also responsible for drawing up regulations on accessibility in cooperation with authorities involved, transport providers, disability organisations etc. Buildings connected with travel are subject to the general building regulations.
Links
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C2. Built environment accessibility
The Planning and Building Act of 2010 establishes general rules for the physical environment. In built-up areas the environment must be adapted to suit persons with limited capacity for movement and orientation. The Planning and Building Act contains an obligation to remove easily moveable obstacles in public places and on public premises thus affording access for persons with limited movement and orientation. The regulatory framework for accessibility in built-up environments applies to both private and public owners of buildings: In Regulation 2011/338 on planning and construction (Plan- och byggförordningen) requirements on constructions, products used in construction, monitoring, control and expertise are defined. Moreover, the Law on public procurement (SFS 2007/1091) states that technical specifications are to take account of accessibility for people with disabilities or have a design for all.
Links
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C3. ICT and Web accessibility
According to the Regulation (SFS 2001:526), concerning obligations of government authorities towards persons with disabilities, information and activities must be accessible to persons with disabilities. There is no such obligation for municipalities. However, neither government nor municipal authorities are obliged to provide an individual with the information in his or her chosen and accessible format, for example Braille or digital information. The Administrative Procedure Act of 1986 Section 8, says that ‘when an authority is dealing with someone who does not have a command of the Swedish language or who has a severe hearing impairment or speech impairment, the authority should use an interpreter when needed'. The Swedish e-delegation has worked out guidance for webpages in terms of accessibility following the international standard WCAG 2.0 level AA.
Links
- Regulation concerning responsibilities of state authorities to implement disability policy (SFS 2001:526)
- Administrative Procedure Act
- Guidance for development of webpages
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United Kingdom
C. Accessibility
C1. Transport accessibility
The Equality Act 2010 imposes anticipatory reasonable adjustment duties on providers of transport services in England, Scotland and Wales. This includes all elements of service (e.g. travel information, tickets, assistance, use of vehicles, etc.). Responsibility for the regulation of transport accessibility is outlined in Part 12 (including chapters on taxis, public service vehicles and rail vehicles). In 2012, the government’s Department for Transport published ‘Transport for Everyone: An Action Plan to Improve Accessibility for All’. In August 2017 it opened a period of consultation on a Draft Accessibility Action Plan. While this is now closed, no finalised plan has yet been adopted. Standards for accessibility are defined by the national (or EU) regulations, some of which pre-date changes introduced in the 2010 legislation. For example, the construction of new buses and coaches (and provision of scheduled services) is subject to the Public Service Vehicles Accessibility Regulations (detailed guidance and best practice were developed in 2000). A good practice guide on pedestrian access and transport infrastructure was produced in 2005. A ‘Railways for All’ Strategy was introduced (for Great Britain) in 2006 and the Office of Rail Regulation requires each licensed rail station to operate within a Disabled People’s Protection Policy. An assessment of accessibility standards in land-based public transport vehicles and a code of practice on access to air travel were produced in 2008. In Northern Ireland, an Accessible Transport Strategy was introduced by the Department for Regional Development in 2005 and updated in 2016. Arrangements in Northern Ireland are governed by the Disability Discrimination Act 1995, as modified by the Disability Discrimination (NI) Order 2006. A new Code of Practice on the Provision and Use of Transport Vehicles was introduced by the Equality Commission for Northern Ireland in 2011 (supplementing the general code of practice relating to DDA, Part 3).
Links
- Westminster Department for Transport, Accessibility Action Plan
- Transport Scotland – Accessible transport website
- Public Service Vehicles Accessibility Regulations 2000 – Guidance
- Access to air travel for disabled people: Code of practice
- The Railways for All Strategy - the accessibility strategy for Great Britain's Railways
- Accessible Train Station Design for Disabled people: A Code of Practice v2 (2009)
- Accessible Transport Strategy for Northern Ireland 2025
- Equality and Human Rights Commission, Code of Practice on Services, Public Functions and Associations
- Equality and Human Rights Commission, Guidance for Service Users
- Equality and Human Rights Commission, Technical Guidance – Public Sector Equality Duty
- Draft transport accessibility action plan
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C2. Built environment accessibility
In England, Wales and Scotland, the Equality Act’s reasonable adjustment duties extend to altering or removing physical features in buildings and the built environment where such features place a particular disabled person (in the contexts of employment and let premises) or can be anticipated to place disabled people generally (in contexts of services, post-16 education, private clubs and public functions) at a substantial disadvantage. In Northern Ireland, to which the Equality Act 2010 does not apply, similar duties are imposed by the Disability Discrimination Act 1995 and the Disability Discrimination (NI) Order 2006).
Standards of accessibility for construction of new buildings are defined in documents accompanying Building Regulations – primarily in Approved Document M (known as ‘Part M’) in England and Wales, the Technical Handbooks in Scotland (particularly Section 4.2.7 of the non-domestic handbook) and Technical Booklet R in Northern Ireland. A detailed code of practice is defined in British Standard 8300 (which may often be used in place of the above). This covers the accessibility of approach routes to a building, entrances into a building and facilities within a building (e.g. surfaces, signage, telephones, control switches, kitchens, bathrooms, ATMs, etc.). The standards cover all types of public buildings (e.g. transport hubs, industrial, commercial, administrative or entertainment buildings) and residential buildings (e.g. hotels, nursing homes, student residences, prisons, etc.) with the exception of dwellings (i.e. housing). New private dwellings must be designed to allow entry of disabled visitors and standards apply to alterations of an existing dwelling if work would result in a less accessible outcome (e.g. removal of a ground floor toilet). Part M of the Building Regulations require the ‘visitability’ accessibility standard, but set out two further levels of accessibility standards – which local authorities can opt to include as local requirements in accordance with the National Planning Framework. Specific guidance on the accessibility of large hotels in 2008 (PAS 88). Any new construction not in compliance with accessibility standards (e.g. to protect a historic building) would normally require justification in an Access Statement. An extensive review of accessibility and the built environment was carried out by the House of Commons’ Women and Equalities Committee in 2017. This highlighted various concerns and included significant recommendations for change.
Links
- BS 8300 Design of buildings and their approaches to meet the needs of disabled people (Code of practice)
- Approved Document M – Access to and Use of Buildings (England and Wales)
- Technical Handbooks 2011 Non-Domestic – Consolidated (Scotland)
- Technical Booklet R: 2006 (Northern Ireland)
- House of Commons Women and Equalities Committee inquiry into Disability and the Built Environment
- PAS 88: Guidance on accessibility of large hotel premises and hotel chains
- Equality and Human Rights Commissions Codes of Practice and Technical Guidance
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C3. ICT and Web accessibility
In England, Scotland and Wales, the Equality Act 2010’s reasonable adjustment duties require providers of services and public functions to make adjustments to practices (including website design) which place disabled people at a substantial disadvantage. The Equality Act does not refer to ICTs nor specify any standard for web accessibility. Legal action can be brought against the provider of an inaccessible service but there is an absence of case law to establish any standard in practice – several such cases have been settled before reaching court.
In line with the E-Commerce Directive (2000/31/EC), Schedule 25 of the Equality Act exempts the providers of technologies on which a service is hosted, transmitted or cached from responsibility for that service but does require them to remove unacceptable content when they become aware of it. Public Sector providers are further required to have 'due regard' to advancing equality of opportunity in all their functions under the Public Sector Equality Duty (e.g. which may lead to innovation of voluntary accessibility standards, such as the BBC’s Future Media Standards and Guidelines).
In 2010, the UK government Department for Business Innovation and Skills launched an eAccessibility Action Plan (to be updated quarterly) and ten core principles of inclusive web design (adopted by the Department for Culture, Media and Sport, DCMS). In 2011 the DCMS set up an eAccessibility Forum, made up of experts from government, industry and voluntary organisations. This aims to ensure that more inclusive services are developed. The Forum is responsible for implementing the ‘eAccessibility Plan’.
In November 2010, BSI (the UK National Standards Body) published a new national standard for web accessibility (BS 8878), which offers a voluntary Code of Practice for all products and services delivered by Internet Protocol.
Links
- BIS eAccessibility Action Plan – January 2011
- Ten principles of inclusive web design (DCMS)
- Schedule 25 of the Equality Act 2010
- British Standard BS 8878: 2010
- BBC Future Media Standards and Guidelines, v1.9
- Equality and Human Rights Commissions Codes of Practice and Technical Guidance
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