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OVERVIEW OF THE LEGISLATION AND POLICY FIELD

eAccessibility
Legislation & Policy
Where do we want to get with this Workshop?

Tony Shipley
PHONEABILITY & COST219ter

eAccessibility: Legislation & Policy

Objectives:

• To explore the role of Legislation & Standards in promoting eAccessibility
  
• To identify actions for progress

and

• To consider what we mean by eAccessibility

Legislation

• This is not a Workshop for Lawyers: we have to take a more general viewpoint
• We will attempt an overview of Community law in this area, to see what lines of action are open
• COST219ter has produced the review document Equal Measures as a starting point, not as an end

The Legal Framework

• Electronic Communications - 5 EU Directives
• Terminal Equipment - The RTTE Directive
• EU Directives on Public Procurement and on Equality in Employment
• National legislation in Member States - Subsidiarity

Scope for Action

• The EU Directives are mostly set and enduring - (Future-proofed) with no chance of major change
• Some changes can be introduced at the periodic review; look at the Universal Service Directive
• Good Practice measures by Member States can be harmonised informally, eg through COCOM

The Role of Standards

• Future-proofed framework legislation requires Standards to provide the detail
• Compliance with a Standard may be 'deemed to satisfy' the requirements set by legislation
• Suppliers see conformity with a Standard as a reassurance that they are acting properly

Standards

• Public Sector purchasers need Standards for their technical requirements to be fair and transparent
• If formal Standards defined a broad consensus on the concept of Accessibility, manufacturers and users would know what to expect - Compare Product Safety Standards
• Can we extend this principle to Inclusive Design?

Accessibility - What is it?

• Accessibility is not absolute; what is accessible to one disabled person may not be to another
• If we are to make Accessibility a legal obligation, we have to be able to say what we mean by it
• The problem of defining Accessibility moves from the law-makers to the Standards writers

Mandating eAccessibility Standards

• CEC proposes to issue mandates for Accessibility Standards to CEN, CENELEC, ETSI
• Mandates create a sense of urgency and priority in the work-lists; they cannot create expertise
• ISO/IEC Guide 71 shows there is a vast amount of work to be done (Not just a European issue)

Writing eAccessibility Standards

• Task calls for experts in ICT technologies and service delivery AND in needs of disabled users
• This is a difficult match in fast-moving technology driven sectors; user experience lags behind
• If we are to get good standards we have to find (and pay for) enough competent user advocates

Testing for eAccessibility

• Any Accessibility standard lacking a means of testing conformity should be seen as defective
• Objective tests written into Standards need to be 'calibrated' through studies with the target users
• Test methodology needs evaluation, to avoid the result that Accessibility differs from Usability

EQUAL MEASURES - Action List

• Co-ordination of moves to introduce the concept of Accessibility into ICT Standards
  
• Identification and promotion of Best Practice in accessible electronic communications
  
• Extension of Universal Service obligations to match evolving user expectations
  
• Introduction of horizontal legislation for equality in access to services
  
• Dialogue with National Regulators to push forward 'subsidiarity' measures

Action List

• Work through COCOM and INCOM to harmonise national measures
  
• Urging National Regulators to take up access issues with terminals suppliers
  
• Close liaison with service providers to sustain awareness of disability
  
• Fostering mainstream provision through Inclusive Design at every opportunity

 

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