Standards and Laws Flashcards

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1
Q

The Universal Declaration of Human Rights (UDHR)

A
  • Introduced in 1948 by the UN
  • Set out, for the first time, fundamental human rights to be universally protected
  • Foundational document for human rights
  • International
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2
Q

Convention on the Rights of Persons with Disabilities (CRPD)

A
  • Adopted in 2006 by the UN
  • Intended as a human rights instrument
  • First binding international human rights instrument that fully addresses the rights of people with disabilities
  • Over 160 countries and regional integration orgs signed the CRPD and more than 180 ratified it.
  • Reference generally in Article 3 and detailed in article 9.
  • International
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3
Q

The Marrakesh Treaty

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(The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled)
*ensure that people who have vision or other print disabilities have access to books and other printed materials
* Adopted in June 2013 by WIPO (World Intellectual Property Organization).
* The treaty creates a copyright exception to reprint in accessible formats.
* International

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4
Q

The Charter of Fundamental Rights of the European Union

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  • Adopted in 2000, before CRPD
  • Preceded by other European treaties like European Convention on Human rights (ECHR) and European Social Charter (ESC)
  • Brings together the fundamental rights of everyone living in the EU. Brings consistency and clarity to the rights established at different times and in different ways in individual EU Member States.
  • Sets out a full range of civil, political, economic, and social rights
  • Became legally binding when the Treaty of Lisbon entered into force in December 2009.
  • Relevant articles include Article 21 (Integration of persons with disabilities) and 26 (Non-discrimination.
  • Regional
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5
Q

The African Charter on Human and People’s Rights

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  • Adopted in 1981
  • Recognizes the rights of all people (but does not specifically specify disability.
  • In 2018, the African Union adopted a protocol to the Charter focused on safeguarding the human rights of people with disabilities.
  • Article 8 of the CRPD (Awareness-raising) and Article 11 of the ADRP: non-discrimination
  • ADRP (African Disability Rights Protocol) has not yet reached the 15 ratifications necessary for it to come into force.
  • Regional
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6
Q

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

A
  • Adopted in 1999
  • Article II declares its objectives are to prevent and eliminate all forms of discrimination against people with disabilities and to promote full integration into society
  • Article III describes measures to be taken to achieve objectives (employment, transportation, goods, services, housing, communications, architectural, and other barriers).
  • Regional
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7
Q

What Model was a main driver of the legal shift towards anti-discrimination laws?

A

From Medical Model to Social Model

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8
Q

The Equality Act

A
  • Passed by the UK in 2010
  • Brought together multiple anti-discrimination laws and strengthened them
  • Prohibits all discrimination based on protected characteristics, disability being one of them.
    The act has various provisions directly related to the rights of people with disabilities including accessibility of transport, disabled students, or employment.
  • National/Provincial
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9
Q

The Americans with Disabilities Act (ADA)

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  • Civil rights law from 1990
  • Guarantees equal opportunities for people with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications
  • Enforced by the US Dept of Justice Civil Rights Division and US Dept of Education Office for Civil Rights
  • National/Provincial
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10
Q

Ontarians with Disabilities Act

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  • 2001
  • Ensures the rights of people with disabilities to equal opportunities and to be free from discrimination
  • National/Provincial
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11
Q

Disability Laws in EU Countries

A
  • In 2000, the EU adopted the Employment Equality directive, prohibiting disability discrimination in employment and occupation.
  • A general Anti-discrimination Directive was proposed in 2008 outside the labor market, but has not been adopted.
  • National/Provincial
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12
Q

Twenty-First Century Communications and Video Accessibility Act (CVAA)

A
  • Signed in 2010
  • ensures that accessibility laws enacted in the ‘80’s and ‘90’s are brought up to date with 21st century technologies, including new digital, broadband, and mobile innovations
  • Domain Specific
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13
Q

Air Carrier Access Amendments Act

A
  • 2017
  • Aircraft must be designed to accommodate individuals with disabilities and air carriers must acquire aircraft that meet broad accessibility standards
  • Domain Specific
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14
Q

Air Carrier Access Act

A
  • Prohibits discrimination on the basis of disability in air travel
  • Applies to all flights of US airlines as well as any flights to and from the US by foreign airlines
  • Domain specific
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15
Q

EU Audiovisual Media Services Directive (AVMSD)

A
  • Also called Directive 2010/13/EU)
  • Governs EU-wide coordination of national legislation on all audiovisual media
  • Requires that services provided by media service providers are made continuously and progressively more accessible to people with disabilities.
  • Domain specific
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16
Q

European Electronic Communications Code

A
  • Lays out rules that facilitate the provision of high quality, secure, and affordable telecommunication services throughout Europe.
  • Domain specific
16
Q

EU eIDAS regulation

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  • The Regulation on electronic identification and trust services for electronic transactions in the internal market requires that trust services such as electronic signatures and end-user products providing trust services are accessible for people with disabilities.
  • Domain specific
17
Q

What is a procurement law?

A

A regulatory tool for making sure that user needs are accounted for when procuring products and services (typically for the government).

18
Q

EU Procurement Directive

A

Main provisions are:
* For all procurement intended for use by the general public or staff of contracting authority, must take into account accessibility criteria.
* Grants the possibility to consider accessibility in the tender evaluation. and to exclude economic operators which have proven unreliable because of accessibility violations
* Procurement law

19
Q

US Federal Acquisition Regulation

A
  • Implements Section 508 of the Rehabilitation Act
    When acquiring ICT, agencies must ensure that:
  • federal employees with disabilities have equitable access to and use of information and data
  • Members of the public seeking information or services from an agency have access to and use of information and data that is equitable
  • Procurement Law
20
Q

Section 508 of the Rehabilitation Act

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  • Federal, state, and local government websites must meet 508 regulations
  • Follows WCAG 2.0
  • ICT Law
21
Q

Title III of the ADA

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  • Does not include legal standards for website a11y owned by private businesses or non-profit organizations
  • Nevertheless, business, and other orgs can be sued for lack of accessibility.
  • Prohibits discrimination based on disability in the activities of places of public accommodation including businesses, schools, places of recreation, offices and medical buildings. E-commerce, organizational websites, and public mobile apps fall under Title III.
  • ICT law
22
Q

The European Web Accessibility Directive

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  • Applied Sept 2019
  • establishes the accessibility requirements that all member states’ public sector bodies must implement, maintain, and enforce regarding their websites and mobile apps
  • Does not require procuring accessible solutions, but the sites and apps must be accessible when they are made available to the users.
  • Requirements include: ensuring sites and apps are accessible, accessibility statement, method for users to report accessibility issues, and a link to enforcement procedures.
  • Refers to EN 301 549 to make websites and mobile apps more accessible (a voluntary harmonized EU standard). EN301 549 align with WCAG 2.1
  • ICT Law
23
Q

European Accessibility Act

A
  • Adopted in 2019
  • Covers products and services identified as most important for people with disabilities
  • Contains common rules that must be applied from 2025
    *Allows for NGOs to go to court on behalf of a person under national law. Also allows for penalties for non-compliance with accessibility standards. Each member state is responsible for enforcement.