Standards, Laws, and Management Strategies (20%) Flashcards

International and domestic civil rights laws for disability rights. Applying accessibility standards and regulations to ICT and across organizations.

1
Q

What 3 types of laws can impact accessibility?

A
  1. Civil rights laws
  2. Procurement laws
  3. Industry-specific laws
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2
Q

What is a civil rights law?

A

A civil right is an individual’s right to freedom and to equal treatment, not to be subjected to discrimination based on certain characteristics.

Civil rights laws look to protect rights such as privacy and freedom of speech and protect people from from discrimination in multiple settings, such as employment, housing, public spaces, and education.

Disability-related civil rights laws prohibit discrimination on the basis of disability and protect the rights of people with disabilities.

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3
Q

What are 4 examples of civl rights laws that protect rights for people with disabilities?

A
  1. Americans w/ Disasbilities Act (US)
  2. The Accessibility for Ontarions with Disabilities Act (Canada)
  3. The Equality Act of 2010 (UK)
  4. The Act on the Elimination of Discrimination against Persons with Disabilities (Japan)
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4
Q

What are procurement laws?

A

Laws that specifically detail standards and requirements for purchasing goods and services from external sources.

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5
Q

What 2 examples of procurement laws focus on accessibility?

A
  1. Section 508 (Rehab Act of US)
  2. EN 301 549 (EU)
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6
Q

What is the focus of Section 508 of the Rehabilitation Act?

A

All products and services procured by the federal government must meet accessibility standards.

WCAG level A and AA required by reference

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7
Q

What organizations are accountable to Section 508 of the US Rehabilitation Act?

A

All organizations that do business with the federal governement

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8
Q

What are 4 laws and standards that directly apply to web accessibility?

A
  1. US Americans with Disabilities Act
  2. US Section 508
  3. EN 301 549
  4. European Accessibility Act
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9
Q

How does US Section 508 impact accessibility?

A

All federal, state, and local government websites must meet Section 508 regulations, based on the W3C Web Content Accessibility Guidelines (WCAG) 2.0. (Level A and AA)

WCAG incorporated via reference and required

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10
Q

Who enforces Section 508?

A

Consumers (PWD) filing formal complaints

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11
Q

What are industry-specific laws?

A

Laws written specifically for particular industries that are important to accessibility. (Ex: telecommunications, airplane travel)

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12
Q

What declaration was the first to establish fundamental human rights and the regarded as the foundation of international human rights laws?

A

Universal Declaration of Human Rights (UDHR) (1948)
Paris, France

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13
Q

What is a weakness of declarations like the Universal Declaration of Human Rights (UDHR) (1948) and the UN’s Declaration on the Rights of Disabled Persons (1975)?

A

As declarations, they could only provide a framework and recommendations.

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14
Q

What group of people weren’t protected against discrimination in the 1948 Universal Declaration of Human Rights?

A

People with Disabilties

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15
Q

What is the main purpose of the UN Convention on the Rights of Persons with Disabilities (UN CRPD)?

A
  • To change attitudes & approaches to persons with disabilities, shifting from viewing people with disabilities as “objects” of charity, medical treatment, and social protection towards viewing people with disabilities as “subjects” with rights, who can make decisions for themselves based on free and informed consent, and be active members in society.
  • The 1st binding international human rights treaty where beyond recognition of rights in the convention, state parties must take steps to implement those rights.
  • Key instrument for people with disabilities to fight discrimination and exclusion and to promote, implement, monitor, and defend inclusion, accessibility, and equal opportunities.
  • With its Optional Protocol, it’s a powerful tool for monitoring and claiming for equal rights.
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16
Q

What are the protections of the UN Convention on the Rights of Persons with Disabilities?

A
  1. Respecting principles for communication about and with people with disabilities
  2. Accessing health care, habilitation, and rehabilitation
  3. Defining and providing reasonable accommodation and accessibility
  4. Using assistive technologies (AT)
  5. Accessing information including information technology (IT)
  6. Supporting independent living and self-determined decisions
  7. Fostering personal mobility (buildings, transports, public spaces)
  8. Participating in social, economic, employment, educational, political, recreational, sport, cultural, and legal activities
  9. Allowing and facilitating monitoring and reporting the progress and claiming disrespect by national and international human rights institutions
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17
Q

Which article of the Convention on the Rights of Persons with Disabilities (CRPD) is to raise awareness? What does it state?

A

Article 8(1)
* States Parties adopt immediate, effective, and appropriate measures…
* (b) To combat stereotypes, prejudices, and harmful practices relating to PWD, including those based on sex and age, in all areas of life.

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18
Q

Which article of the Convention on the Rights of Persons with Disabilities (CRPD) deals with accessibility? What does it state?

A

Article 9
* To enable PWD to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure PWD access (equally to others) to built environment, transportation, info & comm (including ICT), and other facilities and services open to the public (both urban & rural areas).
* Also, identify and eliminate barriers to access; applies to: a) built environment (buildings, roads, schools, housing, medical, workplaces) and b) Information, communication, and services, including electronic and emergency services.

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19
Q

What treaty aims to ensure people with vision and other print disabilities have access access to books and other printed materials?

A

The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled

(2013)

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20
Q

What are 3 international declarations and conventions on disability rights?

A
  1. Universal Declaration of Human Rights (UDHR)
  2. Convention on the Rights of Persons with Disabilities (CRPD)
  3. The Marrakesh Treaty
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21
Q

What 3 types of laws can impact disability?

A
  1. Civil rights laws
  2. Procurement laws
  3. Domain-specific laws
22
Q

What is the UN CRPD?

A

Convention drafted in 2000 by NGOs, calling all nations to promote & protect rights and dignity of persons with disabilities.

The UN Convention on the Rights of Persons with Disabilities is an international ratified treaty, and the most important political and democratic expression of the will to grant and guarantee equal human rights to people with disabilities globally.

Result of many long-lasting political civil rights movements driving a paradigm shift from the personal deficit model (medical, charity, protection) toward an inclusive, equal human rights model (social, environmental adaptation).

Signed & ratified by 160 UN member states.

Adopted in 2000

23
Q

Which decade was proclaimed the “decade of people with disabilities” by the United Nations (UN)?

A

1980s

24
Q

What is the Optional Protocol?

A

A 2008 “side agreement” to the UN CRPD, launched to implement the competencies and rights of the Committee on the Rights of Persons with Disabilities to monitor and accept complaints.

This provides a tool to make the UN CRPD operational and impacting in practice.

This has been signed by 92 nations until today.

(The United States signed the UN CRPD in 2009, but failed to reach a 2/3 majority in the Senate in 2012 to ratify it. Therefore, they haven’t ratified this either.)

25
Q

What was the purpose of the Charter of Fundamental Rights of the European Union?

A

To bring consistency and clarity to various rights throughout EU Member States.

Declared: 2000. Became law: 2009

26
Q

What 2 articles of the Charter of Fundamental Rights of the European Union are relevant to disability?

A
  1. Article 26: Integration of persons with disabilities (ensure independence, social, and occupational integration & participation in community)
  2. Article 21: Non-discrimination (prohibits discrimination, based on any grounds, including disability)
27
Q

What 2 treaties preceded the EU Charter of Fundamental Rights?

A
  1. The European Convention on Human Rights (ECHR) of 1950
  2. The European Social Charter (ESC) of 1961
28
Q

What is the purpose of the European Convention on Human Rights (ECHR)?

A

Signed in 1950, it grants fundamental civil and political rights to everyone, including people with disabilities (implicitly under “other status” section).

29
Q

What is the purpose of The European Social Charter (ESC)?

A

Adopted in 1961, it guarantees fundamental social and economic rights, as well as independence, social integration, and participation in community life to people with disabilities.

30
Q

What is the African Charter on Human and People’s Rights?

A

Charter adopted in 1981 that recognizes the rights of all people.

31
Q

What is the African Disability Rights Protocol (ADRP)?

A

Adopted in 2018 to add details to CRPD:
* Protect human rights of PWD
* Adds provisions about armed conflicts and forced displacements
* Adds broader provisions on harmful practices

32
Q

What is Article 8(1)’s purpose of the CRPD?

What are the specifics?

A

Raise Awareness:
* Adopt immediate measures to combat stereotypes, prejudices, and harmful practices relating to PWD, including those based on sex and age, in all areas of life.

33
Q

What is Article 11(1)’s purpose of the ADRP?

Specifics needed

A
  • Take all appropriate measures and offer support/assistance to victims of harmful practices perpetrated on PWD (including witchcraft, abandonment, concealment, ritual killings, or the association of disability w/ omens).

Note: ADRP not forced bc it hasn’t reached 15 ratifications needed.

34
Q

What is the Inter-American Convention?

When and where was it adopted?

A

The Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities, adopted in 1999, before the CRPD, in Guatemala as the 1st regional binding treaty that expressly prohibits discrimination against PWD.

Adopted in 1999

35
Q

What is the purpose of the Inter-American Convention?

A

1st regional, binding treaty that expressly prohibits discrimination against people with disabilities.

Adopted before CRPD

36
Q

What does Article II of the Inter-American Convention declare?

A

Article II declares that its objectives are to prevent and eliminate all forms of discrimination against PWD and to promote their full integration into society.

37
Q

What does Article III of the Inter-American Convention address?

A

Accessibility. The legislative, social, educational, labor-related, and other measures to take in order to achieve those objectives…
* Eliminate discrimination gradually and promote integration;
* Ensure new buildings, vehicles, and facilities facilitate transportation, comm, and access to PWD;
* Eliminate (as possible) architectural, transportation, and communication obstacles to facilitate access/use by PWD.

38
Q

What was the purpose of the UK’s Equality Act 2010?

A

Passed in the UK in 2010:
To unify and strengthen multiple anti-discrimination laws in the workplace and society.

Based on several different characteristics.

39
Q

How does the UK’s Equality Act 2010 propose to prohibit discrimination?

A

Prohibits discrimination based on protected characteristics, listing disability as one of them. Protects against direct (PWD treated worse bc of their disability) and indirect (policy applicable to everyone causes disadvantage to PWD) discrimination.

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

40
Q

The Equality Act 2010 replaces and supersedes which 3 laws that named specific populations?

A
  • Sex Discrimination Act 1975
  • Race Relations Act 1976
  • Disability Discrimination Act 1995
41
Q

What are the protected characteristics in Section 4 of The Equality Act 2010?

A
  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race or ethnic identity
  • religion or belief
  • sex
  • sexual orientation or identity
42
Q

What is a civil right?

A

An individual’s right to freedom and to equal treatment and to not be subjected to discrimination based on certain characteristics.

43
Q

What is the Americans with Disabilities Act of 1990?

A

A civil rights law that protects people with disabilities, similar to those provided 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 gov’t services, and telecommunications.

44
Q

How was the ADA updated in April 2024?

When will it be enforced?

A

Title II, which applies to state & local gov’t entities updated to require websites and mobile apps to adhere to WCAG 2.1, Level AA.

Compliance Deadlines are between April 2026 (>= 50k persons) and April 2027 (0 to 49,999 persons; special district gov’ts).

45
Q

How do US web accessibility lawsuits currently base their legal complaints?

A

They invoke the ADA as the basis because of its language about “public accommodation,” which falls under Title III.

46
Q

Who does Title II of the ADA apply to?

A

State and local government entities

(services, programs, & activities)

47
Q

What 2 entities are accountable to the US Americans with Disabilities act of 1990?

A
  1. Businesses that own, rent, or lease public places of accommodation and organizations open to the public
  2. Federal, state, and local government entities

Exceptions: religious entities & private clubs

48
Q

The US Americans with Disabilities Act of 1990 guarantees equal opportunity in what 5 areas?

A
  1. Public accommodations
  2. Employment
  3. Transportation
  4. State and local government services (public entities)
  5. Telecommunications
49
Q

Who enforces the ADA?

A
  • US Department of Justice (DOJ) Civil Rights Division
  • For educational institutions, US Department of Education Office (DOE) for Civil Rights, through consent decrees and settlements
50
Q

What is the Employment Equality Directive of the EU? What is its purpose?

A

In 2000, the EU adopted this directive, prohibiting disability discrimination in employment and occupation. All member states have implemented it in their national law.

Directive requires reasonable accommodation for people with disabilities to guarantee equal treatment.

51
Q

In 2008, the EU proposed a general anti-discrimination directive that wasn’t adopted. What is the result from country to country?

A

General anti-discrimination or disability equality legislation differs in content and approach.

For example, healthcare legislation can be categorized into 1 of 4 groups, depending on whether they prohibit disability discrimination and/or require reasonable accommodation:

  1. prohibits discrimination
  2. requires reasonable accommodation
  3. both
  4. neither
52
Q
A