Cost 219ter

STAKES
(National Research and Development Centre for Welfare and Health)

Erkki Kemppainen

COST 219ter Workshop on "Scenarios for 2010"
Tuesday March 23rd 2004 in Arnhem

LEGISLATION FOR 4G AND ACCESSIBILITY

Summary

When assessing the possibilities for legislation that improves access to telecommunications, it is important to understand the legal basis of each area of legislation. Different measures are possible in different areas. In broad terms, these areas are the same for many telecommunication technologies, but one should also observe the new opportunities and problems which may arise.

The following titles, with examples, describe a framework which can be understood as an evaluation framework for assessing legislation from an accessibility point of view:

Non-discrimination

Equality and non-discrimination are important cornerstones of accessibility. Important sources include: human rights treaties, the Charter of Fundamental Rights of the European Union, national laws, and a Communication Towards a Barrier-Free Europe for People with Disabilities.

Employment

A directive establishing a general framework for equal treatment in employment and occupation lays down a general framework for combating discrimination, e.g. on the grounds of disability. It includes the concept of reasonable accommodation.

Information and Communication technologies

Directives concerning terminal equipments and Universal Service are important pieces of European telecommunications legislation. The directive on Universal Service and User's Rights Relating to Electronic Communications Networks and Services states that Member States shall, where appropriate, take specific measures for disabled end.-users in order to ensure access to and affordability of publicly available telephone services, including access to emergency services, directory inquiry services and directories, equivalent to that enjoyed by other end-users.

Web accessibility is being promoted by eEurope and national measures.

Public Procurement

Accessibility conditions are possible in public procurement.

Copyright

The directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society permits Member States to provide exceptions to copyright for the benefit of people with a disability. These exceptions enable the making of copies in an alternative form, without infringing copyright and on certain conditions, e.g. talking books.

Other areas

Assistive technology helps access. The reimbursement of assistive technology costs may be possible on the basis of social or health legislation. Many issues concerning eServices can be discussed under the above mentioned titles, but a wider discussion might be necessary. Individuals also need the protection of privacy.

More information:
europa.eu.int/comm/employment_social/knowledge_society/library_en.htm