Europe
In Europe, the most interesting things in terms of accessibility can be found in the eEurope plans and in the text of the "Charter of Fundamental Rights of the European Union". This letter makes it clear that all discrimination is prohibited, and in particular that exercised on the basis of sex, race, colour, ethnic or social origins, genetic characteristics, language, religion or convictions, political or any other opinion, membership in a national minority, property, birth, disability, age or sexual orientation.
In June 2000, the "eEurope 2002 Action Plan" was approved, developed by the Commission and Council of Europe based on the homonymous initiative of December 1999. As can be seen in the text of the "eEurope 2000 Action Plan", it is an ambitious project aimed at “turning Europe into the most competitive and dynamic economy in the world”, exploiting all “the opportunities of the New Economy, and especially, the Internet”. Thus, it is a plan from which the more than 377 million inhabitants of the European Union can benefit.
The plan includes different actions grouped around three fundamental objectives: (1) achieve a faster, cheaper and safer Internet, (2) invest in people and training and (3) stimulate the use of the Internet. Within the second objective, the measures approved to allow and promote the participation of everyone in the New Economy and in what is called the Information Society stand out. It begins by making it clear that “public sector websites and their content, in Member States and European institutions, must be designed in such a way that they are accessible, so that citizens with disabilities can access information and take full advantage of the possibilities of e-government.”
For the implementation of eEurope 2002 in the area of “participation of all in the knowledge-based society”, the High Level Group ESDIS (dealing with employment and the social dimension in the Information Society), was mandated to closely monitor the evolution of accessibility. In addition, a Group of experts called “eAccessibility” was established to assist the high-level Group.
The main objective of the eEurope 2002 line of action aimed at accessibility is “to improve access to the web for people with disabilities”, in line with “the principle of non-discrimination, proclaimed in the Treaty of the European Union”. This action directly benefits the more than 37 million inhabitants of the Union countries who have some type of disability. To this end, the end of 2001 is established as the deadline for the adoption of the Web Accessibility Initiative (WAI) Guidelines. The initiative will be discussed in point 2.4, while the guidelines will be explained in section 2.5.
Furthermore, this plan recognizes the need to accelerate the creation of an adequate legislative environment, establishing fixed deadlines for the approval of different laws that make the set objectives possible. In this sense, the end of 2002 (hence the name of the plan) is established as the limit to achieve the proposed goals, and it is made clear that the continuation of the plan will be necessary beyond said date. Thus, in June 2002, the continuation of the plan, called eEurope 2005, was presented at the European Council in Seville. It basically follows the lines of action proposed by the previous plan, updating it with the achievements achieved and the current situation.
As part of this plan is the eInclusion line of action, which under the motto "an information society for all", aims to achieve basic objectives such as "guaranteeing that the information society does not translate into social exclusion."
It is also interesting to highlight that both the "Info XXI Action Plan" and its continuation "España.es" are part of these great European projects.
In 2003, the European Commission commissioned the writing of a study for the standardization of European accessibility criteria. This is how the 'European Concept of Accessibility' was drafted, whose main author is Francesc Aragall. In this work, the foundations of the accessibility philosophy applicable in Europe are laid.
On July 23, 2002, the German Government published the "Decree on Barrier-Free Information Technology", which, based on the accessibility guidelines for web content (WAI), includes these guidelines, writing them in legal terms.
In Spain, at an event held on December 3, 2005 on the occasion of the International Day of People with Disabilities, the Government announced its intention to reform article 49 of the Spanish Constitution to replace the word "disabled" with "disabled" in the text of the Magna Carta. Currently it reads:
Likewise, he expressed his intention to approve the draft Personal Autonomy Law at the end of the year with the future expectation that it will come into force between 2006 and 2007.
The "Law on Social Integration of the Handicapped" (LISMI, enacted in 1982) was the first legal action that included compensatory measures for people with disabilities, but did not promote their active participation in society. Furthermore, because in that year the technologies were not sufficiently developed, this law does not include any action related to web access.
Subsequently, and for the preparation of the development and application in Spain of the "eEurope 2002 Action Plan", the Government published at the beginning of 2001 the so-called "Info XXI Action Plan", valid between 2001 and 2003. One of its main objectives was to "facilitate access to the Information Society and the intensive use of New Technologies for the disabled in order to achieve equal opportunities."
In 2002, Law 34/2002, of July 11, on information society services and electronic commerce, also called LSSICE, was published in the BOE. It was published in the BOE on July 12, 2002, and came into force three months after its publication, that is, on October 12, 2002. This law indicates that administration websites must be accessible to the disabled, making it possible to require compliance with said law also for those pages financed by public administrations. Its fifth additional provision also establishes guidelines on “accessibility for people with disabilities and the elderly to information provided by electronic means.”
Likewise, it is necessary to mention Law 51/2003, of December 3, on Equal Opportunities, Non-Discrimination and Universal Accessibility of People with disabilities and Order 1551/2003, of June 13, which develops the first final provision of Royal Decree 209/2003, of February 21, which regulates electronic records and notifications, as well as the use of telematic means to replace the provision of certificates by citizens.
More oriented towards the topic of this study is the "I National Accessibility Plan", approved by the Council of Ministers "Council of Ministers (Spain)") on July 25, 2003, and developed by the Ministry of Labor and Social Affairs through IMSERSO. With the motto “For a new paradigm, Design for All, towards full equality of opportunity” its most general objective is made clear.
It sets out the Government's commitments on accessibility that will be developed in successive periods of three years, from its entry into force in 2004 until its end in 2012. Likewise, the plan will promote the "Design for All" paradigm through a regulatory system that guarantees accessibility. Law 39/2006, on the promotion of personal autonomy and care for people in a situation of dependency, includes “accessibility and adaptations to housing that contribute to improving their ability to move around in it”, and Law 12/2007, of October 11, relating to social services, establishes “Aid for the adaptation of housing for people with disabilities”. With this regulation, the concept of functional adaptation of homes is introduced in Spain.[3].
Its development includes carrying out studies, awareness campaigns, specialized training and promoting research and technical development in various areas.
The change in European and Spanish legislation requires the websites of European, national, regional, local, etc. public administrations. (municipalities, associations, provinces, autonomous communities, ministries, etc.) and entities that are fully or partially subsidized (NGOs, transport consortia, universities, citizen, political, social organizations, etc.), to meet a minimum level of accessibility “AA” on a specific date, which in the case of Spain was the end of 2005.
Royal Legislative Decree 1/2013, of November 29, which approves the Consolidated Text of the General Law on the rights of people with disabilities and their social inclusion.[4].
Law 8/2013, of June 26, on urban rehabilitation, regeneration and renewal.[5].
In terms of building, the regulations in Spain were updated in December 2015 within the technical building code (CTE) in its basic document (DBA) on safety of use regarding accessibility (SUA-9) where the criteria to be followed are specified.
In Ireland, the Equality in Employment Act 1998 and the Equal Status Act 2000 provide the legal framework to promote accessibility. In addition, the websites of Public Administration departments are required to meet the accessibility criteria of the WAI guidelines.
Portugal is one of the first European countries to adopt measures – in 1998 – to make its administration pages accessible to everyone.
In 1995 the United Kingdom passed its "Disability Discrimination Act" to prohibit discrimination against people with disabilities in relation to employment, goods, services, education and transport.
In Sweden the "Agency for Public Management" presented in June 2002 the guidelines for the web design of public sites, including the application of the WAI guidelines.
Rest of the world
On December 20, 1993, the United Nations approved the "Standard Rules on Equal Opportunities for Persons with Disabilities", the purpose of which is “to ensure that girls and boys, women and men with disabilities, as members of their respective societies, can have the same rights and obligations as others.” The political and moral foundation of these norms is found in the "International Bill of Human Rights."
The text of the norms states that "although they are not mandatory, these norms can become customary international norms when applied by a large number of States with the intention of respecting a norm of international law. They imply the firm moral and political commitment of States to adopt measures to achieve equal opportunities." Furthermore, “these standards constitute a normative and action instrument for people with disabilities and their organizations.”
Article 5, "Access possibilities", of these standards states that "States must recognize the overall importance of access possibilities within the process of achieving equal opportunities in all spheres of society. For persons with disabilities of any kind, States must (a) establish action programs to make the physical environment accessible and (b) adopt measures to ensure access to information and communication."
Likewise, it is stated that “any violation of the fundamental principle of equality and any discrimination or unjustified difference in treatment of persons with disabilities that contravenes the Standard Rules on Equal Opportunities for Persons with Disabilities violates or invalidates and impairs the enjoyment of the human rights of these persons.”
Furthermore, “calls upon Governments to take active measures to ensure that persons with disabilities fully enjoy all human rights and fundamental freedoms, in particular by removing or facilitating the removal of obstacles and obstacles to the effective and equal enjoyment of human rights by such persons, and by establishing national policies.”
In this way, the people of the United Nations make clear their concern for the full integration of people with disabilities. and they embark on the long journey towards achieving an egalitarian society without discrimination.
Article 3 of the Convention on the Rights of Persons with Disabilities.
In Argentina, in March 1981, National Law No. 22,431 was passed, creating the comprehensive protection system for people with disabilities. Subsequently, in 1994, National Law No. 24,314 -Accessibility for people with reduced mobility– was passed, which replaces Chapter IV and regulates accessibility to the physical environment: "The priority of the removal of physical barriers in urban areas is established. architectural and transportation barriers..." (Art. 20), "Architectural barriers are understood to be those existing in buildings for public use, whether they are public or private property..." (Art. 21) and "Transport barriers are understood to be those existing in the access and use of public transportation..."(Art. 22).