Policy making

1. Accessibility Policy making - An international
perspective
Nirmita Narasimhan
Centre for Internet and Society, India

2. Agenda
 The Information Age
 Barriers
 UNCRPD
 Accessibility policies around the world
 Considerations for a Good policy

3. The Information Age
 Unprecedented opportunities for persons with
disabilities to participate in society
 Access to knowledge, information and
services
 Possibility of ensuring equal opportunities for
all
 Inclusion and participation in society
 Involvement in social, cultural, business and
administrative processes

4. Barriers
 Inaccessible and unaffordable technologies
 Inaccessible web sites
 Unsupportive laws
 Lack of awareness
 Lack of accountability on the internet

5. UNCRPD
 Recognises that accessibility to information and
services is vital for persons with disabilities to enjoy
a complete inclusive and participatory life in society
 Recognises accessibility on the internet as a
fundamental element for persons with disabilities to
exercise their rights
 Art 9 requires all information technologies to be
accessible to persons with disabilities
 Various countries have recognised the need for
accessibility, even before the coming into force of the
UNCRPD and formulated laws and policies to give
effect to this.

6. Accessibility Policy Study
 Key step in policy making
 Researching available options in
neighbouring countries
 Learning from past mistakes and best
practices
 Cut your cloth to suit your needs

7. Accessibility policies around the
world
 We now examine the policies across seven
countries to give us an idea of the
 modalities involved in formulating a policy on
internet accessibility
 the implications and repercussions in different
countries
 effective implementation and monitoring models
and
 possibilities for improvement
 Countries examined: Australia, Germany,
India, Japan, Korea, UK, USA

8. Accessibility policies : Australia
• Disability Discrimination Act (DDA) enacted in1992
– DDA Advisory notes for web accessibility published in
2002 ; applicable to all service providers
– Guide to minimum website standards in 2000 and
revised in 2003
• Guidelines compliant with WCAG 1.0
• Advisory notes and guidelines not legally
enforceable but DDA provisions are (case law:
Maguire vs. SOCOG, 2000)
• Human Rights and Equal Opportunity Commission
(HREOC) promotes DDA objectives and provides
advice on implications and monitoring

9. Accessibility policies : Germany
• Act on Equal Opportunities for Disabled persons (2002)
– Web Accessibility covered by Barrier free Information
technology Ordinance (BiTV)
– Federal BiTV based on WCAG 1.0; state level
standards non uniform
– Barrier free environment also includes
communication, living environments etc.
 Applicable to authorities, health insurances and other
bodies, foundations and public institutions
 Legally enforceable
 Federal govt appoints a commissioner for the Interests of
persons with disabilities
 Ordinance effectiveness to be reviewed periodically

10. Accessibility policies : India
• Generic legislation – Persons with Disabilities (Equal
Opportunities, Protection of Rights & Full Participation)
Act 1995
– No accessibility specific legislation or policy yet
– Policy is work in progress government working with
NGOs and disability rights groups to frame policy
• Signatory to both UNCRPD (2006) and Biwako
Millennium framework towards an Inclusive, Barrier-free
and Rights-based Society for PWDs in Asia and the
Pacific (2002)
• In absence of domestic law on accessibility, international
conventions and norms are read into domestic law where
they do not contradict enacted domestic law

11. Accessibility policies : Japan
• No overall legislation, web and electronic
accessibility covered by Japanese Industrial
Standards (JIS) X 8341
• Not legally binding, open to substantial
interpretation
• Guidelines mandatory for government
agencies, optional for others
• Some guidelines borrowed from WCAG with
compliance issues arising from nature of
Japanese language and character set

12. Accessibility policies : South Korea
• Disability Discrimination Act (2007) – provides rights,
reasonable accommodations, agencies and defines
web accessibility obligations
– Informatization act (2009) covers ICT access and
usage for PWDs and the elderly
– Guidelines for improving accessibility (2002)
• Guidelines based on WCAG 1.0 and 2.0
• 5 policy groups - Developing and supplying assistive
technologies for PWD, operating ICT accessibility
programs, developing ICT accessibility standards,
conducting research; and increasing awareness

13. Accessibility policies : UK
• Generic legislation - Disability Discrimination
Act (1995, amended 2005), no accessibility
specific legislation
– Code of Practice: outlines duties under the DDA
and provides best practice guidelines
– PAS 78 (2006): guide to commissioning
accessible websites, partial reference to WCAG
• Applicable to any service provider – both
public and private

14. Accessibility policies : USA
• Generic legislation like Americans with Disabilities
Act (ADA – 1990), Rehabilitation Act(1973)
– Sec 508 of Rehabilitation Act (1973 amended
1998), covers web accessibility but is not compliant
with WCAG
– Sec 251 (a)(2) and 255 of Telecommunications Act
(1996) require communications services and
equipment to be accessible by PWDs
• Sec 508 applicable to federal government websites
and agencies receiving federal funding; state
government requirements and standards vary
• Signed UNCRPD only in 2009

15. Accessibility Policies: Summary
Chart depicting the position of countries with respect to the types of accessibility policies (legislation
vs. policy) and scope of coverage (whether only generic or web or covering other aspects of
accessibility as well). The countries best placed score high on both aspects.
Scope
of
Coverage
High
(covers
web+
other
infrastructure)
Low
(only
generic
or
web)
High
(Legislation and
guideline or policy)
Low
(only guideline or
policy)
Type of policy
Japan USA
Germany
Korea
India UK
Australia

16. Accessibility Policies : Key Features
• Coverage – types of accessibility included e.g.
web, electronic, other
• Scope - legislation vs. policy
• WCAG compliance
• Applicability – public sector only or private
sector as well
• Mechanisms for review, monitoring and
compliance

17. Considerations for a Good Policy
 Futuristic
 Interoperable with other policies
 Leave room for modification
 Unambiguous and clear in its mandate
 Determine accountability
 Ensure a smooth and effective mechanism for
implementation and evaluation
 Involve both the public and private sector
 Have a definite time frame for implementation
 Involve persons with disabilities in every stage of the
policy formulation and implementation process

18. Thank You !