8th European e-Accessibility Forum 31 March 2014 Cit des Sciences, - - PDF document

8th European e-Accessibility Forum

31 March 2014 Cité des Sciences, Paris

Towards a comprehensive and future-proof European e-accessibility directive from a rights-based and a market-related perspective.

Paper by Rodolfo Cattani It is a matter of fact that in the digital age information and services are increasingly delivered on- line and as a consequence the number of public and private websites is growing rapidly. However, less than 10% of the public sector bodies' websites providing access to information and services are accessible according to accessibility standards. The EU market for web-accessibility counts more than 175.000 companies and more than 1 million people employed, with a turn-over of some 154 billion euro. This means that there is a huge market sector in the social area with significant potential for growth and inclusiveness. The information society brings unprecedented scope for equal access to information, goods and services, as well as the risk of more exclusion if such access is not guaranteed for all. We live in an era of convergence, so there is an urgent need to fully address e-accessibility across all platforms and to therefore ensure that goods such as touch-screen terminals, smart phones, tablets, digital TVs are accessible and that audio-visual content is made

• accessible. Accessibility is vital for persons with disabilities.

The UNCRPD has been ratified by the EU and entered into force on 22nd January 2011, and most

• f EU Member States have ratified the Convention as well. The UNCRPD recognizes accessibility

as a general principle (Article 3), which is of universal application. Article 9 is meant to enable persons with disabilities to live independently and participate fully in all aspects of life and to ensure that they access, "on an equal basis with others, to information and communications, including information and communication technologies and systems, and to other facilities and services open or provided to the public". A proposal for a Directive on the accessibility of public bodies' websites for persons with disabilities and older people became a priority of the European Disability Forum (EDF) which had been advocating for many years for a binding legislation on e- and web-accessibility. Finally, in December 2012 the European Commission released the proposal for a Directive on the accessibility of public sector bodies' websites (Com(2012)721). The proposal lays down specific technical provisions whereby member States shall make accessible the content of certain types of websites of public sector bodies which provide basic information and services for citizens' participation in the economy and society. The proposal aims at harmonizing the laws, regulations and administrative provisions of the member States on the accessibility of those websites by defining standardized requirements. The Commission identified twelve categories of websites of the public sector which according to a study of 2001 on eGovernement benchmarking were considered essential: (1) Income taxes: declaration, notification of assessment (2) Job search services by labour offices (3) Social-security benefits: unemployment benefits, child allowances, medical costs (reimbursement or direct settlement), student grants. (4) Personal documents: passports or driving license

(5) Car registration (6) Application for building permission (7) Declaration to police, e.g. in case of theft (8) Public libraries, e.g. catalogues and search tools (9) Request and delivery of birth or marriage certificates (10) Enrolment in higher education or university (11) Notification of change of residence (12) Health-related services: interactive advice on the availability of services, online services for patients, appointments. However, this first timid step in the right direction did not meet the expectations of the disability movement as it was deemed to be too late, too little. In particular, the scope of the directive appeared too narrow, since the proposed categories don’t cover the majority of the basic services to the public, such as Child care, Primary education, Secondary education, General and local elections, Public transport, Cultural activities. Furthermore no satisfactory enforcement and monitoring mechanisms were foreseen. Moreover, the proposal uses a merely Internal Market legal basis (TFEU article 114). This approach was chosen because the diverging legal obligations and policies put in place by the EU Member States fragment the internal market of web-accessibility. This implies additional costs for market players and consumers and impedes the free movement of goods and services. This approach is unsatisfactory because Article 3 of the Treaty on European Union (TEU) states that the role of the market is, among others, social inclusion, equality, non-discrimination and social justice. In addition to that, no explicit reference to accessibility as a right was made in the proposal. As a consequence EDF decided to continue its campaign and started a fruitful collaboration with the European Parliament, which on the 26 of February at its penultimate plenary session of this mandate approved a far more ambitious "Proposal For A Directive Of The European Parliament And of The Council on the accessibility of public sector bodies' websites and websites operated by entities performing public tasks". Thanks to the commitment of the rapporteur and the positive work

• f the members of the Internal Market and Consumer Protection Committee, who expressed the

view that the measures proposed by the Commission were neither sufficient nor far-reaching enough, the text has been substantially improved as extremely valuable changes have been introduced to the Commission proposal. First of all the Parliament has extended the scope of the directive which now includes all public websites and also those websites belonging to private entities that are providing basic services to the public. In annex A the following website's categories are listed: (1) Network services: gas, heat, electricity and water services; postal services; electronic communication network and services; (2) Transport-related services; (3) Basic banking and insurance services (including at least the following: basic payment account, home contents and building insurance, life insurance and medical insurance); (4) Primary, secondary, higher and adult education; (5) Statutory and complementary social security schemes covering the main risks of life (including at least those linked to health, ageing, occupational accidents, unemployment, retirement and disability);

(6) Health-related services; (7) Childcare services; (8) Other essential services provided directly to the public to facilitate social inclusion and safeguard fundamental rights; (9) Cultural activities and tourist information. Furthermore, the Parliament has introduced a strong enforcement mechanism, including penalties for those who do not comply with the law, as well as a monitoring and reporting mechanism in which the representative organisations of persons with disabilities will be involved. It is important to point out that on-line information services are increasingly obtained by handheld mobile devices instead of desk-top computers. Mobile devices as well as web applications designed by the website owners are becoming the preferred user agent and persons with disabilities should not be excluded due to lack of accessibility. Therefore the accessibility of websites and contents must be ensured no matter which device the person is using. Thus accessibility through smart- phones or tablets as well as that of the relevant applications needed to access the websites and their content must be ensured. It is also essential to enable interoperability of those websites with other user agents, with regard in particular to users who need assistive technologies to access them. The Directive regulates the monitoring and reporting obligation of the Member States regarding the updates of web content. It should be the duty of the Commission to establish the relevant methodology in consultation with industry and civil society stakeholders including persons with disabilities and their representative organisations. Member States are also required to report about the outcome of the monitoring process. The European Disability Forum believes that the proposal adopted by the European Parliament will not

• nly benefit persons with disabilities and older people but also reduce the digital divide all over
• Europe. It will of course boost the web and develop the potential of the market by creating new job
• pportunities and strengthening competitiveness. Unfortunately the European Council is lagging

behind and has not yet started the negotiations in order to achieve the adoption of the directive. Another phase of our campaign has started and we are calling on all Member States to prioritize this dossier and get it adopted as soon as possible. There is now a concrete proposal on the table and it seems possible to achieve a comprehensive, legal and technical framework for website accessibility based on the principles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and on the internal market legal basis. In this way persons with disabilities will enjoy accessibility as a fundamental human right and web developers will sell their goods and services throughout the European Union and worldwide. The access to the web is undoubtedly a fundamental right that everyone should hold, including persons with disabilities, who amount to 15% of the European population, 80 million people eager to be free from exclusion and marginalisation and to participate fully in social life. Today the ICTs and the web are the gateway to all types of public services, and they constitute a great opportunity to combat isolation and social exclusion. The UNCRPD states the right to accessibility, and its full implementation will have a strong impact on the individual and social condition of persons with disabilities enabling them to participate in all spheres of life. The potential of accessibility for the internal market is great, since it will enhance transnational mobility in Europe, avoiding disparities and fragmentation of accessibility regulations at national

• level. Accessibility is a basic prerequisite for inclusive growth and the implementation of the social

dimension, but also for the removal of many barriers and discriminatory policies. Standardization and harmonization of accessibility features are effective means to modernize the market and to make it more competitive and inclusive in a global economy.

It is important to note that as a result of mandate M/376 of the European Commission there is now the European standard EN 301 549 "Accessibility Requirements for Public Procurement of ICT Products and Services in Europe”. EDF believes that this standard can be a useful tool to mainstream accessibility and the design for all approach. If accessibility is effectively mainstreamed in the whole ICT sector we are likely to live in a more inclusive digital society where persons with disabilities will enjoy the same rights and opportunities as their non-disabled fellow citizens.