Accessibility

Digital Accessibility

Access to digital content and technology is critical not only to secure comprehensive information rapidly and with little effort, but also to participate on the virtual communal spaces that this technology has created. The right of persons with disabilities to “live in the world” on an equal footing requires the right to “live in the Internet.”

International Law

Different countries utilize different methods for encouraging digital accessibility. These techniques include voluntary performance, regulations, or statutes. Some countries require private entities to have accessible technology, while most countries only require accessibility of government web sites. Some countries have full transparency while others do not publicly share any information. Some countries, due to their legal traditions, utilize private lawsuits as a mechanism for improvement and enforcement, while others do not. This section covers some of the best-known laws that relate to digital accessibility, such as the Equality Act in the UK, the Stanca Act in Italy, and the Disability Discrimination Act in Australia. Because American federal law for the most part does not impose responsibility for accessibility directly on digital content creators and technology developers, the task of including persons with disabilities in the digital community has been made more difficult. This gap in the law has required disability rights advocates to create a market for accessible technology and content by insisting that those who do have responsibility to refrain from discrimination against those with disabilities—public entities, federally funded entities, and public accommodations—face legal consequences for acquiring inaccessible products. This activity, in turn, leads those entities with liability to insist that tech and content developers offer accessible digital information and technology.

This section also discusses differences in legal traditions that influence which approaches are most appropriate (e.g., lawsuits or legal statutes), as well as differences in how disability rights are addressed (civil rights vs. human rights). This section also discusses human rights documents relevant to digital accessibility, including the UN Convention on the Rights of Persons with Disabilities and the Marrakesh Treaty.

Regulations

Statutes and their legislative history often state general goals, but these laws are often given more relevant and precise meaning through regulations that tend to be of a more detailed nature. National commissions, technical advisory boards, or professional panels often translate the law into the technical standards. Because of the slow nature of the rulemaking and policymaking process in most countries, regulations are often not updated more than once a decade. So while regulations specify how a law is to be implemented in technical practice, the regulations, unless designed to focus on functionality or performance instead of a specific technology, often become obsolete as technology development moves at a faster pace. This subsection will focus on the goal of regulations and the administrative processes that produce regulations; and it will then discuss the relationship between regulations, international technical standards, and performance standards. Information on the major regulations affecting digital accessibility in some countries be presented, along with a discussion of regulations related to digital accessibility in other countries.

Source: based on “Ensuring Digital Accessibility Through Process and Policy”

Resources

See Also

• Disabled
• Public policy
• Human Rights
• Disability Rights
• Civil Rights
•  Convention on the Rights of Persons with Disabilities
• Marrakesh Treaty
• Rulemaking
• Technical standards;