Standards, Laws, and Management Strategies Flashcards
What are the most prominent international declarations and conventions that protect human rights and the rights of people with disabilities?
1948
Universal Declaration of Human Rights.
However, People with disabilities are not listed among the groups protected against discrimination. 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.
1975
UN Declaration on the Rights of Disabled Persons
Since it was a declaration, and not a convention, it could only provide a framework and recommendations.
2006
UN Convention on the Rights of Persons with Disabilities Developed in response to concerns that there was no legally binding convention on protecting and recognizing the rights of people with disabilities in the existing human rights declarations and conventions.
The Convention was negotiated during eight sessions of an Ad Hoc Committee of the General Assembly from 2002 to 2006, making it the fastest negotiated human rights treaty.
2013
The Marrakesh Treaty
The purpose of the “Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled” is to ensure that people who have vision or other print disabilities have access to books and other printed materials.
It forms part of the body of international copyright treaties administered by WIPO. It has a clear humanitarian and social development dimension and its main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled (VIPs).
What is the main purpose and protections of the UN Convention on the Rights of Persons with Disabilities.
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 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.
What are the most prominent regional instruments such as charters and laws, related to disability and human rights?
Some regional human rights conventions specifically protect the rights of persons with disabilities, or have provisions concerning persons with disabilities.
2009
Charter of Fundamental Rights of the European Union
Brings together the fundamental rights of everyone living in the EU. It brought consistency and clarity to the rights established at different times and in different ways in
individual EU Member States.
Sets out the full range of civil, political, economic and social rights based on:
The fundamental rights and freedoms recognized by the European Convention on Human Rights
The constitutional traditions of the EU Member States, for example, longstanding protections of rights which exist in the common law and constitutional law of the UK and other EU Member States
The Council of Europe’s Social Charter
The Community Charter of Fundamental Social Rights of Workers, and other international conventions to which the EU or its Member States are parties
Enacted with the Treaty of Lisbon
Article 26: Integration of persons with disabilities
The Union recognises 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.
Article 21: Non-discrimination
Any discrimination based on any ground such as sex, race, colour, 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.
1992
African Charter on Human and People’s Rights
Article 2: Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status.
2001
Inter-American Convention on the Elimination
of All Forms of Discrimination Against Persons with Disabilities
Article 2: 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.
Article 3: To achieve the objectives of this Convention, the states parties undertake:
To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities and to promote their full integration into society, including, but not limited to:
Measures to eliminate discrimination gradually and to promote integration by government authorities and / or private entities in 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;
Measures to ensure that new buildings, vehicles, and facilities constructed or manufactured within their respective territories facilitate transportation, communications, and access by persons with disabilities;
Measures to eliminate, to the extent possible, architectural, transportation, and
communication obstacles to facilitate access and use by persons with disabilities;
and
Measures to ensure that persons responsible for applying this Convention and domestic law in this area are trained to do so.
To work on a priority basis in the following areas:
Prevention of all forms of preventable disabilities;
Early detection and intervention, treatment, rehabilitation, education, job training, and the provision of comprehensive services to ensure the optimal level of
independence and quality of life for persons with disabilities; and
Increasing of public awareness through educational campaigns aimed at eliminating prejudices, stereotypes, and other attitudes that jeopardize the right of persons to live as equals, thus promoting respect for and coexistence with persons with disabilities;
What are the most prominent national and provincial instruments, such as laws and acts, that protect people with disabilities?
2010
The Equality Act (UK)
Brought together formerly disparate anti-discrimination laws and strengthen them, in order to provide people with
improved protections from discrimination in the workplace and society. Section 4 specifically includes disability as a protected characteristic.
1990
The Americans with Disabilities Act (USA)
Puts protections in place 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.
(1) 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;
(2) 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;
(3) 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;
(4) 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;
(5) 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;
(6) 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;
(7) 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
(8) 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.
2001
Ontarians with Disabilities Act (Canada)
Ensures the rights of people with disabilities to equal opportunities and to be free from discrimination.
What are some examples of Domain-Specific Laws?
Domain specific laws address certain areas of industry that are regulated in accessibility.
Examples of domain-specific laws:
US Federal Communications Commission: Twenty-First Century Communications and Video Accessibility Act (CVAA) of 2010
US Congress: Air Carrier Access Amendments Act of 2017
US Department of Transportation: Passengers with Disabilities: About the Air Carrier Access Act
What are some examples of Procurement Laws?
Procurement laws address disabilities at the point of purchase by ensuring that products and services meet accessibility standards.
European Union: EN 301 549 Accessibility Requirements for Public Procurement of ICT Products and Services in Europe
US Office of Federal Procurement: Policy 508 Compliance - any government vendors must comply with 508.
What are some prominent examples of accessibility laws and regulations applied to ICT?
In the US, federal, state, and local government websites must meet Section 508 regulations, which are based on the W3C Web Content Accessibility Guidelines (WCAG)
2.1.
The Americans with Disabilities Act doesn’t include specific standards for website accessibility owned by private businesses or non-profit organizations. Nevertheless, business and other organizations can be sued for lack of accessibility. Title III of the ADA prohibits discrimination based on disability in the activities of places of public accommodation, which includes businesses, schools, places of recreation, offices, and medical buildings. E-commerce and organizational websites and public mobile
applications fall under Title III.
European Union Web Accessibility Directive 2016
Establishes the accessibility standards rules that all public sector websites and applications in EU member states must implement, maintain, and enforce or risk fines and legal penalties. Requirements include:
Ensuring websites and applications are accessible
An accessibility statement
A method for users to report inaccessibility
A link to enforcement procedures
The European Accessibility Act 2019
Covers products and services identified as most important for people with disabilities provides common rules, including a comprehensive set of minimum requirements for all private businesses including manufacturers, representatives, importers and distributors (except microenterprises) to make a range of products and services accessible for persons with disabilities including:
Computers and operating systems
ATMs
Ticketing and check-in machines
Smartphones
TV equipment related to digital television services
Telephony 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
The Act allows for NGOs, the responsible national authority or other bodies to go to court on behalf of an individual under national law. It also allows for the imposition of penalties for non-compliance with accessibility standards. Each member state is responsible for enforcement.
What are the recommendations for planning, implementing, and sustaining an organizational ICT
accessibility program?
To succeed, a web accessibility effort must be well grounded in organizational culture, process, and practice. To do this, align accessibility with existing organizational
approaches; develop and communicate clear, measurable objectives; and engage stakeholders to secure understanding and broad support throughout the organization.
* Learn the basics
* Explore the current environment
* Set objectives
* Develop the business case
* Raise awareness
* Gather support
* Plan
Careful planning is critical to effective implementation of any accessibility effort. It ensures a clear assessment of the required work, distribution of tasks, and continual
follow-up on progress.
* Create an accessibility policy
* Assign responsibilities
* Determine budget and resources
* Review environment
* Review websites
* Establish a monitoring framework
* Engage with stakeholders
* Implement
Weave accessibility implementation throughout the process to minimize overhead and improve the overall quality of the final outcome. Prioritize quick wins and communicate progress to increase commitment and develop a sense of accomplishment.
* Build skills and expertise
* Integrate goals into policies
* Assign tasks and support delivery
* Evaluate early and regularly
* Prioritize issues
* Track and communicate progress
* Sustain
Keeping momentum helps with the accessibility maintenance for completed projects and builds on completed work for new projects. Regular reviews of content, organizational processes, and resources will help ensure that accessibility remains a priority and issues are identified. Developing a management reporting process will help ensure that it is clear where activity is required for follow-up work.
* Monitor websites
* Engage with stakeholders
* Track standards and legislation
* Adapt to new technologies
* Incorporate user feedback
What are the recommendations for Special Needs & Inclusive Education Guidelines?
- Include an accessibility statement in the organization’s long-term strategy.
- Develop a strategy or plan for implementing accessible information.
- Make someone responsible for implementing the information accessibility plan and provide them with the required resources. Plan an incremental implementation – be ambitious and modest at the same time.
- Embed accessibility into your information production and dissemination processes.
- Provide information, education and training on accessibility for all staff.
- When outsourcing information production, make sure accessibility requirements are addressed and undergo a quality check.
Here is a model for organizational implementation:
- Policy
* Develop a long-term strategy that recognizes all aspects of disability.
* Publish an accessibility statement that includes a commitment to make your services and information accessible.
* Develop a procurement policy that covers accessibility compliance for products and services, including those for information production and dissemination. - Plan
* Develop an information accessibility plan that is detailed and ambitious, but realistic and covers small steps.
* Ensure the person or team responsible for the plan has authority and resources. - Practice
* Conduct a pilot of the Guidelines.
* Provide awareness training for all staff and how accessibility applies to information.
* Provide training for content specialists on tools to make information accessible.
* Produce style guides and templates.
* Update work processes to embed information accessibility.
* Create information using the style guides and templates.
* Give external providers the Guidelines and requirements for compliance.
* Conduct accessibility testing before releasing any services or publishing any information.
What is the adapted Capability Maturity Model for Software?
Maturity Levels
1. Initial
Capability is ad hoc and unpredictable. The organization typically does not provide a stable environment for developing and maintaining accessible products, service, and information.
2. Repeatable
Policies are in place for managing projects and procedures for ICT accessibility. Processes can be characterized as:
* Practiced
* Documented
* Enforced
* Trained
* Measured
* Able to improve
3. Defined
Standard processes for developing and maintaining ICT accessibility across the organization are documented, and these processes are integrated into a coherent whole. Processes are used, and changed as appropriate, to help the and staff perform more effectively.
4. Managed
The organization sets quantitative quality goals for products and processes. Processes include well-defined and consistent measurements.
5. Optimizing
The entire organization is focused on continuous process improvement. The organization identifies weaknesses and strengthens the process proactively, with the goal of preventing the occurrence of defects. Innovations that exploit best practices are identified and transferred throughout the organization
What are the common features that make up the key features of a maturity level?
- Commitment to perform
Establishment of organizational policies and senior management sponsorship. - Ability to perform
Resources, organizational structures, and training. - Activities performed
Establishment of plans and procedures, performing and tracking work, taking corrective action as needed. - Measurement and analysis
Examples of measurements for determining the status and effectiveness of the activities performed. - Verifying implementation
Reviews and audits by management and quality assurance.
What defines the Business Disability Forum’s Accessibility Maturity Model?
An Accessibility Maturity Model to track the progress of an
organization on a scale of 1–5:
* Level 1: Informal. No documentation or process in place.
* Level 2: Defined. Documented but not actioned, or completed once.
* Level 3: Repeatable. Process established and actioned consistently.
* Level 4: Managed. Process monitored and improved, business as usual.
* Level 5: Best practice. Innovate, improve, and share.
What is the Accessible Technology Charter?
Ensure that people living with a disability or who acquire a disability can apply for jobs with us, be employed by us, and do business with us, by implementing an inclusive
technology strategy which includes the following commitments to accessibility:
1. We will appoint an Executive Level Technology Champion who will report to the board, raise awareness of the benefits of this agenda and ensure that we achieve
continuous improvement in this area.
2. We will ensure that colleagues are aware of how technology can liberate the contribution of everyone, as colleagues and customers.
3. We will routinely consult with disabled colleagues, customers and experts to ensure that we understand the impact of our technology on talent management, colleague
productivity and our diverse customer base.
4. We will enable built in accessibility to allow reasonable personalization of technology by our colleagues and customers.
5. We will embed and promote a workplace adjustment process, that provides usable technology solutions for disabled colleagues, within a reasonable timeframe.
6. We will give our relevant teams the accessibility know-how needed to deliver effective business processes and adjustments for disabled colleagues and customers.
7. We will establish our performance baseline using the Accessibility Maturity Model. We will consistently go beyond minimum compliance to bring greater benefits to our business and share best practices with others.
8. We will promote a development lifecycle for our technology solutions that is based on inclusive design from definition to delivery, to minimize the cost and reputation risk triggered by retrofitting products and systems.
9. We will include accessibility as a key requirement within our procurement process and build relationships with supply partners to develop and deliver accessible products
and services.
10. We will continuously improve accessibility within our organization, document what works and share our learning with the Technology Taskforce
What is the Importance of Management Champions?
Launching and sustaining an accessibility program requires champions from key
areas across the organization. It is necessary to build champions’ understanding of
accessibility so they can both understand the levels of accessibility within their area of
responsibility and lead initiatives needed to improve capabilities.
Champions within the organizations become advocates during the accessibility adoption
plan, by building engaging their teams, building awareness and skills, and evangelizing
accessibility. Champions will help:
* Build a vision and align implementation strategies
* Sustain ongoing commitment and collaboration
* Support the programmatic integration of accessibility throughout organization
process, make clear the distinction between it and discreet accessibility
projects.
* Lead the adoption of an accessibility maturity model
What are the recommendations for evaluating the accessibility of a product or ICT?
- Ensure the product or service is fit for purpose. Design for usability by people with disabilities. Consider a “born accessible” approach to design.
- Create reusable design and code libraries that help developers code for accessibility.
- Use quality assurance tools, methods, and protocols including accessibility evaluation tools. Human evaluation is critical to ensuring the product or service created is accessible.
- Perform formative, summative, and continuous evaluations. Test throughout the project lifecycle and any time new content is added or code is updated.
- Include people with disabilities in evaluations.
- If there are gaps in your organization’s capabilities, use outside expert analysis and consultation until you build up in-house expertise.
