Accessibility Standards and Laws

Question 1

Civil rights laws

Answer 1

These are laws that emphasize equal rights for people with disabilities, often making it illegal to discriminate against people with disabilities under certain defined conditions, such as employment, access to buildings, government services, or “places of public accommodation” such as restaurants, retail, entertainment, etc. Sometimes these laws include technical standards. Other times they do not. The Americans with Disabilities Act is an example of a civil rights law.

Question 2

Procurement laws

Answer 2

These laws require that accessibility be taken into account when making a purchase or when contracting for services. For example, the law could state that if there are three potential products and two of them meet accessibility standards, only the products that meet the standards should be considered for purchase. It would be against the law to buy the product that does not meet accessibility standards. The most prominent procurement laws (like Section 508 of the Rehabilitation Act in the United States, and EN 301 549 in the European Union) apply only to government entities, but it is possible that a future law could impact private businesses.

Question 3

Industry-specific laws

Answer 3

Sometimes an industry is so important to accessibility that the government writes a law just for that industry. Examples include telecommunications and airplane travel, both of which have accessibility-related laws in the United States, which are the 21st Century Communications and Video Accessibility Act (CVAA) and the Air Carrier Access Act (ACAA), respectively.

Question 4

The Universal Declaration of Human Rights

Answer 4

As a result of the tragedy and loss experienced during the Second World War, the United Nations General Assembly adopted the Universal Declaration of Human Rights on December 10, 1948, in Paris, France. The document is known to be the first of its kind to establish fundamental human rights, for it declares rights that everyone in the world should have. It is also regarded as the foundation of international human rights law as numerous international treaties, constitutions, and other laws have elaborated on the rights contained in the document, especially accessibility laws.

The Universal Declaration of Human Rights was commissioned in 1946 by the Commission on Human Rights, led by committee chair, Eleanor Roosevelt. The 18 members of the Commission who drafted the document represented different cultural backgrounds, political backgrounds, and nationalities from all over the world. The document consists of a preamble that spells out the reasons for the document and 30 articles that state fundamental human rights ranging from right to life, liberty, equality, spiritual and political freedoms, to social, cultural, and economic rights. As of today, there are 192 member states of the United Nations, all of which have agreed to abide by the Declaration. The document has also been translated 467 times, setting a world record back in 2009 for the most translated document in the world.

Question 5

Articles of the Universal Declaration of Human Rights
Article 1 through Article 15

Answer 5

• Everyone is born free and equal.
• Everyone is entitled to the rights listed in the document.
• Everyone has a right to life, freedom, and safety.
• No one has the right to enslave anyone.
• No one has the right to torture or abuse anyone.
• Everyone has rights no matter where he or she is.
• The law is the same for everyone and everyone is equal before the law.
• Everyone’s rights are protected by the law.
• No one has the right to place anyone in prison with no good reason or exile anyone from his or her country.
• Everyone is entitled to a fair and public trial by an independent party.
• Everyone is innocent until proven guilty. Everyone has a right to prove his or her innocence.
• Everyone has a right to privacy and protection of his or her name.
• Everyone has the right to move within his or her country and travel as he or she wishes.
• Everyone has the right to go to another country if he or she fears for safety in his or her own country.
• Everyone has the right to a nationality and no one should be deprived of his or her nationality or denied change of nationality.

Question 6

Articles of the Universal Declaration of Human Rights
Article 16 through Article 30

Answer 6

• Everyone has the right to marry and build a family. Marriage should only be entered into with free and full consent of each spouse. Every family has the right to be protected by society and by the State.
• Everyone has the right to own property and share property. No one has to right to take or deprive another of his or her property.
• Everyone has the right to believe what he or she wants to believe in, the right to religion, and the right to change his or her religion.
• Everyone has the right to freedom of opinion and expression.
• Everyone has the right to assemble together in peace. No one has the right to force another into a group or association.
• Everyone has the right to democracy, to participate in his or her government, and the right to choose his or her leaders.
• Everyone has the right to social security: housing, education, childcare, medical assistance, and welfare.
• Everyone has the right to employment, the right to choose his or her employer, the right to equal compensation, and the right to join a trade union.
• Everyone has the right to vacation and holidays with pay from work.
• Everyone has the right to food and shelter to maintain a healthy way of living.
• Everyone has the right to an education.
• Everyone has the right to protect his or her artistic and intellectual creations. No one can copy one’s creations without his or her permission.
• Everyone is entitled to proper social order where these rights are fully realized and recognized.
• Everyone has a duty to protect the rights and freedoms of others.
• No one can take away anyone’s human rights.

Question 7

The Universal Declaration of Human Rights

Answer 7

In its introduction to the Universal Declaration of Human Rights (1948), The United Nation’s Office of the High Commissioner for Human Rights states that: The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, it set out, for the first time, fundamental human rights to be universally protected.

The UDHR serves as the foundational document for the Convention on the Rights of Persons with Disabilities (CRPD) and for all of the other human rights conventions by proclaiming civil, cultural, economic, political, and social rights to be for all peoples.

Question 8

Convention on the Rights of Persons with Disabilities (CRPD)

Answer 8

In its introduction to The Convention on the Rights of Persons with Disabilities, The United Nation’s Office of the High Commissioner for Human Rights states that:

“The Convention follows decades of work by the United Nations to change attitudes and approaches to persons with disabilities. It takes to a new height the movement from viewing persons with disabilities as “objects” of charity, medical treatment and social protection towards viewing persons with disabilities as “subjects” with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.

The Convention was adopted in 2006 and is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.”

Question 9

UN Convention on the Rights of Persons with Disabilities

Answer 9

The Convention on the Rights of Persons with Disabilities (UN CRPD) of the United Nations (UN) is the most important political and democratic expression of the will to grant and guarantee equal human rights to people with disabilities at a global level.

The UN-Convention is the result of many long lasting political civil rights movements driving and anchoring the paradigmatic shift from the personal deficit (medical, charity, protection) oriented model of disability towards an inclusive, equal chances and human rights model (social, environmental adaptation model)

As an international ratified treaty, the UN CRPD is an instrument to push and monitor national legislation, administration and the implementation and provision of Accessibility, AT and universal design as integral parts and means to guarantee equal human rights to people with disabilities.

Question 10

UN Convention on the Rights of Persons with Disabilities

History and Background

Answer 10

The roots of the UN CRPD go back to the 1980s, which was proclaimed as the decade of people with disabilities by the United Nations. The political goals included overcoming the still dominating deficit-oriented medical model of disability, fighting segregation and exclusion, reducing discrimination and awareness, policy, administration and practice towards equal human rights, accessibility and inclusion.

This decade provoked an intense political debate about rules, standards and requirements for inclusion driven by the International Disability Alliance, which is still ongoing. In 2000 a group of NGOs came up with a declaration calling all nations to support a convention to promote and protect the rights and dignity of persons with disabilities. This successfully focused the diverse interest and activities into drafting the convention and getting it accepted. Again, many objections and political discussion followed, but the convention became quickly adopted: 160 United Nations member states signed and ratified it.

Question 11

Optional Protocol

UN Convention on the Rights of Persons with Disabilities

Answer 11

The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008. As of February 2024, it has 94 signatories and 106 state parties.

The Optional Protocol implements the competencies and rights of the Committee on the Rights of Persons with Disabilities to monitor and accept complaints. This Protocol provides a tool to make the UN CRPD operational and impacting in practice. Parties agree to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals or groups who claim their rights under the Convention have been violated. The Committee can request information from and make recommendations to a party.

In addition, parties may permit the Committee to investigate, report on and make recommendations on “grave or systematic violations” of the Convention. Parties may opt out of this obligation on signature or ratification.

The CRPD was signed by President Barack Obama in 2009 and came into effect in 2008, but as of July 2022, the United States has not ratified it. In 2012, the Senate Foreign Relations Committee recommended ratification with some reservations, but the full Senate fell short of the two-thirds majority needed to adopt it by six votes. In 2014, the committee again approved a resolution, but it was not brought to a vote.

Question 12

UN Convention on the Rights of Persons with Disabilities

Impact

Answer 12

The UN CRPD is a binding human rights treaty and serves as a framework for legal advocacy. With its Optional Protocol it provides a powerful tool for monitoring and claiming for equal rights. It has become a key instrument for people with disabilities to fight discrimination and exclusion and to promote, implement, monitor and defend inclusion, accessibility and equal opportunities.

Question 13

UN Convention on the Rights of Persons with Disabilities

Domains Addressed

Answer 13

The UN CRPD uses a holistic approach. It declares and grants equal rights for people with disabilities the status and level of human rights, being “universal, indivisible, interdependent and interrelated”. On this basis it defines in 50 articles obligations of governments to guarantee the rights of people with disabilities in

• Respecting principles for communication about and with people with disabilities
• Accessing health care, habilitation and rehabilitation
• Defining and providing reasonable accommodation and accessibility
• Using assistive technologies
• Accessing information including information technology
• Supporting independent living and self-determined decisions
• Fostering personal mobility (buildings, transports, public spaces)
• Participating in social, economic, employment, educational, political, recreational, sport, cultural, and legal activities
• Allowing and facilitating monitoring and reporting the progress and claiming disrespect by national and international human rights institutions

Question 14

UN Convention on the Rights of Persons with Disabilities

Digital Accessibility

Answer 14

The convention in almost all articles refers (explicitly or implicitly) to progress in the provision of ICT, AT, accessibility and universal design. It makes evident that inclusion and participation is, of course, independent from any technology as it is a democratic, political, social and cultural process. But it underlines that the digital accessibility revolution, the adaptability and flexibility of designing our environment, is the central tool and core driving force for its implementation. ICT, AT, accessibility and universal design make the UN CRPD operational and its implementation reasonable at a very practical level.

We might argue that the UN CRPD could not have been written at the practical scope it has and met with fast and unanimous acceptance without ICT, AT, accessibility and universal design as its practical driving forces.

Question 15

Referring to and Using the UN CRPD

Answer 15

The UN CRPD is a high-level instrument for political and legislative activities in the disability movement. It is also a reference for awareness raising and outlining the importance of inclusion. It underlines that the shift towards accessibility, AT and equal participation in the digital society is irreversible, asking for professional and sustainable answers at all levels and by all stakeholders. It is one of the most powerful arguments we have at hand.

But the UN CRPD includes a very practical tool we must not neglect and underestimate: The Monitoring, Reporting and Claiming Process implemented and guaranteed by all ratifying states. This process, involving end user organizations as the key facilitators, monitors and reports on the state of the art, activities, and progress; but also shortcomings, discrimination and exclusion.

This mechanism brings forth the agenda for accessibility and demonstrates for all cases that accessibility can be reasonably implemented, in particular with the digital accessibility resources. Guidelines, techniques, and tools exist and are ready to be used. There is no excuse not to move towards accessibility.

Getting involved and using this powerful process must not be neglected as a means for political, legal, administrative but also very practical accessibility issues.

Question 16

The Marrakesh Treaty

Answer 16

The full name of this treaty (adopted on June 27, 2013) is The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled.

This treaty seeks to ensure that people with vision or other print disabilities can access published materials such as books. It is part of the body of international copyright treaties administered by the WIPO (World Intellectual Property Organization).

Question 17

Charter of Fundamental Rights of the European Union

Answer 17

This charter unifies the fundamental personal freedoms and rights of European Union citizens. It was declared in 2000 and became law in 2009 with the Treaty of Lisbon. Its purpose was to unify and clarify various rights throughout the EU member states.

The Charter outlines civil, political, economic, and social rights based on these elements:

• The fundamental rights and freedoms recognized by the European Convention on Human Rights
• The constitutional traditions of the EU Member States (i.e., protections under common and constitutional law)
• The Council of Europe’s Social Charter
• The Community Charter of Fundamental Social Rights of Workers
• Other international conventions to which the EU or its Member States are parties.

Question 18

Charter of Fundamental Rights of the European Union

European Convention on Human Rights & European Social Charter

Answer 18

The Charter of Fundamental Rights of the European Union was adopted in 2000, before the CRPD, but it was preceded by other European treaties.

The European Convention on Human Rights (ECHR) was signed in 1950, and all Council of Europe member states (nearly all countries in geographical Europe) are party to the convention. The ECHR grants fundamental civil and political rights to all, and any person who feels a state has violated their rights under the ECHR can take their case to the European Court of Human Rights. People with disabilities are not explicitly listed among the groups protected against discrimination but they are covered as “other status”.

The European Social Charter (ESC), another treaty adopted by the Council of Europe in 1961, guarantees fundamental social and economic rights as a counterpart to the ECHR. It grants the right of people with disabilities to independence, social integration and participation in community life.

Question 19

Charter of Fundamental Rights of the European Union

Article 26: Integration of persons with disabilities

Answer 19

The Union recognizes and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

Question 20

Charter of Fundamental Rights of the European Union

Article 21: Non-discrimination

Answer 20

Any discrimination based on any ground such as sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited

Question 21

The African Charter on Human and People’s Rights

Answer 21

Article 2 of this charter recognizes the rights of all people, although it doesn’t explicitly specify disability. It states:

Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status.

Question 22

The Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities

Answer 22

The Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities was adopted in 1999, before the CRPD, in Guatemala as the first regional, binding treaty that expressly prohibits discrimination against people with disabilities.

• Article II of the Convention declares that its objectives are to prevent and eliminate all forms of discrimination against persons with disabilities and to promote their full integration into society”.
• The Convention addresses accessibility directly in Article III.

Question 23

The Inter-American Convention
ARTICLE II

Answer 23

The objectives of this Convention are to prevent and eliminate all forms of discrimination against persons with disabilities and to promote their full integration into society.

Question 24

The Inter-American Convention
ARTICLE III

Answer 24

The Convention addresses accessibility directly in Article III. The legislative, social, educational, laborrelated, and other measures to take in order to achieve those objectives include:

• eliminating discrimination gradually and promoting integration by providing or making available goods, services, facilities, programs, and activities such as employment, transportation, communications, housing, recreation, education, sports, law enforcement and administration of justice, and political and administrative activities;
• ensuring that new buildings, vehicles, and facilities facilitate transportation, communications, and access by persons with disabilities;
• eliminating, to the extent possible, architectural, transportation, and communication obstacles to facilitate access and use by persons with disabilities.

Question 25

The Equality Act 2010

Answer 25

The United Kingdom passed the Equality Act 2010 to bring together multiple anti-discrimination laws and strengthen them. This provided people with improved protections from discrimination in the workplace and society.

The Act requires “the exercise of certain functions to be with regard to the need to eliminate discrimination”.

The Act prohibits discrimination based on protected characteristics, listing disability as one of those protected characteristics. It protects against direct discrimination, discrimination arising from disability (unfavourable treatment because of something arising as a consequence of a person’s disability) and indirect discrimination (the use of a criterion or practice that is discriminatory in relation to the protected characteristic).

The Act has various provisions directly related to the rights of people with disabilities, like the accessibility of transport, accessibility for disabled students or restricting the circumstances in which employers can ask job applicants about disability or health.

Question 26

The Equality Act 2010

Section 4 of the Act lists which personal characteristics are protected:

Answer 26

The following characteristics are protected characteristics-

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Question 27

Civil Rights Laws

Answer 27

A civil right is an individual’s right to freedom and to equal treatment, to not be subjected to discrimination based on certain characteristics. Civil rights legislation looks to protect rights such as privacy and freedom of speech, as well as protect people from discrimination in multiple settings, such as employment, housing, public spaces, and education. To protect people with disabilities, countries like the United States and Japan have enacted laws that prohibit discrimination on the basis of disability and protect the rights of people with disabilities.

Question 28

The Americans with Disabilities Act of 1990

Answer 28

The Americans with Disabilities Act (ADA) is a civil rights law that puts in place protections for people with disabilities, similar to those provided to on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunities for people with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.

Even though the ADA says nothing about web accessibility explicitly, many of the web accessibility lawsuits in the United States invoke the ADA as the basis for the legal complaint, because of the language about “public accommodation.”

Question 29

The ADA applies to:

Answer 29

Private entities that own, operate, lease, or lease to places of public accommodation. Essentially this refers to businesses and other organizations open to the public, with the exception of religious entities and private clubs.

Federal and state government entities.

Question 30

The ADA is enforced by:

Answer 30

Consumers (people with disabilities) filing formal complaints

Question 31

The Findings of Chapter 126, Equal Opportunity for Individuals with Disabilities, state:

The Congress finds that:

Answer 31

• physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
• historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
• discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
• unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
• individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
• census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
• the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self- sufficiency for such individuals; and
• the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and non-productivity.

Question 32

Ontario: The Accessibility for Ontarians with Disabilities Act (AODA)

Answer 32

The AODA “applies to every person or organization in the public and private sectors of the Province of Ontario, including the Legislative Assembly of Ontario” if the person or organization “provides goods, services or facilities… employs persons in Ontario… offers accommodation… owns or occupies a building, structure or premises… or is engaged in a prescribed business, activity or undertaking or meets such other requirements as may be prescribed.”

Question 33

United Kingdom - The Equality Act of 2010

Answer 33

One of the main laws related to web accessibility in the UK is the Equality Act of 2010. The Equality Act is a broad law which prohibits discrimination in the workplace and in society in general on the basis of: Disability; Race or ethnic identity; Sex, Pregnancy or parenthood status; Sexual orientation or identity; Religion, belief, or lack of religion/belief.

The Equality Act replaced and now supersedes three laws that named specific populations: Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995

Bringing the legislation for all of these types of protect populations and conditions under one law helps simplify the legal situation in terms of civil rights in the public sector. Citizens may file a complaint and pursue legal action if warranted. The Equality Act applies specifically to public authorities “and to any other organisation when it is carrying out a public function.”

According to Out-law.com: While the EQA does not expressly refer to websites, the consensus has been that the reference to the “provision of a service” applies to commercial web services as much as to traditional services.

Question 34

Japan - The Act on the Elimination of Discrimination against Persons with Disabilities

Answer 34

• One of the actions Japan took to eradicate social barriers for people with disabilities was establishing the Act on the Elimination of Discrimination against Persons with Disabilities in June 2013. The legislation prohibits discrimination based on disability and requires organizations and private entities to provide the necessary accommodations that remove the social barriers people with disabilities face.

Question 35

Procurement Laws

Answer 35

Procurement refers to the process of government entities purchasing goods and services from external sources. There are laws and rules in place, though, that regulate government procurement to ensure that money is spent wisely and to prevent fraud and waste from occurring. When it comes to procuring technologies, there are laws that specifically spell out standards and requirements for purchasing, and these requirements may even address accessibility. Section 508 of the Rehabilitation Act and EN 301 549 are two examples of procurement laws that focus on accessibility.

Question 36

Section 508 of the Rehabilitation Act

Answer 36

Section 508 of the Rehabilitation Act requires the U.S. federal government to take accessibility into account when procuring information technologies: websites, telephones, copiers, computers, and other technologies, including both hardware and software. The parts of Section 508 most relevant to web accessibility are “1194.21 — Software applications and operating systems,” “1194.22 — Web-based intranet and internet information and applications,” and “1194.31 — Functional performance criteria.” In January 2017, Section 508 underwent a refresh that was many years in the making. A significant change is that the WCAG level A and AA guidelines are now incorporated by reference and required by Section 508. Prior to the refresh, Section 508 included its own list of requirements, which were a modified subset of WCAG 1.0 (not the current version of WCAG).

Question 37

Section 508 applies to:

Answer 37

US federal government entities only, but the effects of Section 508 have permeated the information technology landscape because so many businesses, non-profits, and local and state governments do business with the federal government. To sell to the federal government, private entities have to offer accessible products and services.

Question 38

Section 508 is enforced by:

Answer 38

Consumers (people with disabilities) filing formal complaints

Question 39

EN 301 549: “Accessibility requirements for ICT products and services”

Answer 39

The European Union has drawn up two European directives that must be transposed into national law by all member states. EU Directive 2016/2102 applies to the public sector and has already transpired. Websites, intranets, and extranets had to comply as of September 23, 2020. For mobile apps, the date was June 23, 2021. For the private sector, EU Directive 2019/882 applies. Various sectors are mentioned by name, including e-commerce, banking, e-books, and electronics. This standard must be transposed into national law by June 28, 2022. This legislation must then be applied from June 28, 2025.

Question 40

EN 301 549: Directive 2016/2102

Answer 40

Directive 2016/2102 refers directly to the European standard EN 301 549. It is similar to Section 508 in the United States. This standard has been set up to create equal European procurement requirements in terms of accessibility. The result is ETSI standard EN 301 549 v.3.2.1, titled “Accessibility requirements for ICT products and services.” This most recent established version is v.3.2.1, which was published in March 2021. Like Section 508, EN 301 549 covers different technologies, not just the web. Parts of EN 301 549 relating to the web refer to WCAG 2.1 level AA. It is in line with the expectation that EN 301 549 will also become the applicable standard for the private sector. However, Directive 2019/882 does not directly refer to this standard.

Question 41

European Accessibility Act (EAA)

Answer 41

On June 7th, 2019 the European Union formally adopted the European Accessibility Act, which could be compared to the ADA in the United States. The main goal of this Act is to create a common set of accessibility guidelines for EU member states and fix the diverging accessibility requirements. While many EU Member States already have some form of accessibility legislation, there is no EU law on accessibility. The EU member states have had two years to translate the act into their national laws and have four years to apply them (enforcement to commence in 2025). Products and services identified as being most important to people with disabilities are covered, and they include:

computers and operating systems
ATMs, ticketing and check-in machines
smartphones
TV equipment related to digital television services
telephone services and related equipment
access to audio-visual media services such as television broadcast and related consumer equipment
services related to air, bus, rail and waterborne passenger transport
banking services
e-books
e-commerce

Question 42

Technology and Domain-Specific Laws

Answer 42

In a broad sense, information technology law provides legal outlines and regulations for distributing, collecting, and storing electronic information. While there is no single law that can be called information technology law, there are a number of laws that concentrate on various aspects of technology, such as data protection and privacy, intellectual property, hardware and software, telecommunications, and the Internet. When it comes to technology and accessibility, there are several laws throughout the world that focus on technology accessibility requirements, particularly regarding the Internet.

Question 43

21st Century Communications and Video Accessibility Act (CVAA) - United States

Answer 43

The CVAA requires “advanced communications services and products” to be accessible to people with disabilities, including video communications, text messaging, web browsers on mobile devices, and other similar technologies. Perhaps of greater significance to web developers, all video programs presented with captions on television must be presented with closed-captions on the internet. As it is written, the CVAA does not explicitly apply to web-only videos, but the video captioning requirement in WCAG applies to videos of all kinds on the internet, whether broadcast on television or not.

Question 44

The CVAA applies to:

Answer 44

All entities already covered by FCC regulations (namely: telecommunication hardware and software providers and television broadcasters and television hardware/software providers)

Question 45

The CVAA is enforced by:

Answer 45

Consumers (people with disabilities) filing formal complaints

Question 46

Air Carrier Access Act (ACAA) - United States

Answer 46

The ACAA of 1986 prohibits discrimination on the basis of disability in air travel and requires air carriers to accommodate the needs of passengers with disabilities. In March 1990, the Department of Transportation (DoT) issued a rule defining the rights of passengers and the obligations of air carriers as a direct result of this law. On November 12, 2013 the DoT issued rule (DOT-OST-2011-0177-0111 ) regarding the accessibility of carrier websites and ticket kiosks, which will require these sites and kiosks to be accessible to people with disabilities. The final rule published was published in the Federal Register (FR Vol. 78 No. 218 ) on November 12, 2013 and went into effect on December 12, 2013, thirty days after publication.

Question 47

Air Carrier Access Act (ACAA) - United States
Websites

Answer 47

U.S. and foreign air carriers operating flights within or to the U.S. or selling tickets to the U.S. public are required to ensure that the public-facing content of websites that they own or control conforms to the Web Content Accessibility Guidelines (WCAG) Level AA. The requirements apply to both U.S. air carriers’ public-facing pages and foreign carriers’ public-facing pages that are used to advertise or sell to the U.S. public for air transportation that begins or ends in the U.S. The regulations apply to core air travel services as of December 12, 2015 and to the entire site as of December 12, 2016. Core air travel services are defined in 14 CFR 382.43 to include portions of the site related to seven core activities:

• Booking or changing a reservation, including all flight amenities;
• Checking in for a flight;
• Accessing a personal travel itinerary;
• Accessing the status of a flight;
• Accessing a personal frequent flyer account;
• Accessing flight schedules; and
• Accessing carrier contact information.

By implication, this also includes the general portions of the site users need to navigate through to access these services. In effect, this provides some degree of blanket coverage for making sites compliant that will be in effect as of the December 12, 2015 deadline.

Question 48

The ACAA applies to:

Answer 48

U.S. and foreign air carriers operating flights within or to the U.S. or selling tickets to the U.S. public

Question 49

The ACAA is enforced by:

Answer 49

Consumers (people with disabilities) filing formal complaints

Question 50

State Web Accessibility Laws

Answer 50

Many U.S. States have their own web accessibility laws, usually aimed at state and local government, which can include K-12 schools and universities.

Question 51

Web Standards for the Government of Canada

Answer 51

The government of Canada has published web standards for accessibility, usability, interoperability, and mobile devices. These guidelines apply to the government, and do not apply explicitly to the private sector.

Question 52

Quebec: Standards sur l’accessibilité du Web

Answer 52

Government websites must comply with Standards sur l’accessibilité du Web, which is a modified version of WCAG, Level AA.

Question 53

France

Answer 53

• The French Law 2005-102, passed in 2005, can be somewhat compared to the United States ADA. It focuses on ensuring physical and digital accessibility for people with disabilities. With respect to digital accessibility, French government websites and public services are required to comply with the Référentiel général d’amélioration de l’accessibilité (RGAA), which is based on WCAG Level AA.

Question 54

Germany

Answer 54

Government websites must comply with Barrierefreie-Informationstechnik-Verordnung (BITV 2), which is based on a modified version of WCAG.

Question 55

Ireland

Answer 55

Government websites must comply with the Code of Practice on Accessibility of Public Services and Information provided by Public Bodies, which is based on WCAG.

Question 56

Italy

Answer 56

Government websites must comply with Law 4/2004 (“Stanca” Law), which is based on WCAG 2.0, Level AA.

Question 57

Netherlands

Answer 57

Under procurement legislation, all government websites and mobile apps must comply with WCAG Level AA web accessibility guidelines. Additionally, many private websites, such as those of web stores, banks, and transport organizations, will need to be accessible by June 28, 2025.

Question 58

Spain

Answer 58

Government websites must comply with Law 34/2002, Law 51/2003, which is based on WCAG 2.0, Level AA.

Question 59

Australia

Answer 59

All government and non-government websites need to comply with WCAG 2.0 Level AA.

Question 60

Hong Kong

Answer 60

Government websites must comply with WCAG, Level AA.

Question 61

India

Answer 61

Government websites must comply with WCAG, Level AA.

Question 62

Japan

Answer 62

Central and local government websites must comply with Japanese Industrial Standard (JIS) X 8341 (“Guidelines for older persons and persons with disabilities—Information and communications equipment, software and services”), which is based on WCAG.

Question 63

The Act on the Elimination of Discrimination against Persons with Disabilities - Japan

Answer 63

• One of the actions Japan took to eradicate social barriers for people with disabilities was establishing the Act on the Elimination of Discrimination against Persons with Disabilities in June 2013. The legislation prohibits discrimination based on disability and requires organizations and private entities to provide the necessary accommodations that remove the social barriers people with disabilities face.

Question 64

New Zealand

Answer 64

Government websites must comply with the Web Accessibility Standard 1.1, which is based on WCAG 2.1, and the Web Usability Standard 1.3.