Monitoring eAccessibility in Europe: 2011 Annual Report
Cross-cutting legislation and administrative regulation
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- 10.1.1.1. Non-discrimination legislation covering eAccessibility
- 10.1.1.2 Access to goods and services
- 11.1.1.1 Implementation of reasonable accommodation
- 11.1.1.1.2 Question 2: Are provisions to ensure positive (anticipatory) duty to accommodation for employers in place (scoring b) 0 / 1 / 2 11.1.1.1.3 Question 3
Cross-cutting legislation and administrative regulation
Both in the EU and internationally we see a trend towards more non-discrimination/equal-opportunity law to prevent discrimination inter alia on grounds of age and disability. Sometimes the non-discrimination legislation cover positive duties to accommodate specific needs. This chapter investigates whether the Country has taken steps to adopt such measures and whether they are relevant for eAccessibility. Please apply the following search procedure to all questions in this section Step 1: Please first check with the existing MEAC policy inventory for basic information (available at http://ec.europa.eu/information_society/activities/einclusion/docs/meac_study/meac_policy_inventory_06_11_07.doc). Step 2: Check if more up-dated information is available at http://www.epractice.eu/en/factsheets and in “eInclusion public policies in Europe http://ec.europa.eu/information_society/activities/einclusion/library/studies/docs/einclusion_policies_in_europe.doc. Step 3: Finally, please check quality of information against national reports and, if necessary, with relevant public authorities. Step 4: Then please answer the questions as accurately as possible. Step 5: If none of the previous steps leads to any positive result or you have any question, you may send an email to the mailing list (policy.expert@technosite.es). 10.1.1.1. Non-discrimination legislation covering eAccessibilityDescription: This question investigates whether the Country has adopted non-discrimination provisions covering eAccessibility for persons with specific needs. Scoring: [score: 0 = not covered; 1 = could be inferred but no direct reference, public sector only; 2 = could be inferred but no direct reference, both public and private sector; 3 = clear reference/relevance, public sector only, 4 = clear reference/relevance, both public and private sector] 10.1.1.1.1 Question 1:Does national legislation comprise non-discrimination provisions covering (directly or indirectly) technologies for persons with specific needs? 0 / 1 / 2 / 3 / 4 10.1.1.2 Access to goods and servicesDescription: this question investigates whether the Country has adopted provisions to ensure accessibility for persons with specific needs to goods and services which are available to the public. Scoring: a: [score: 0 = none, 1 = could be inferred but no direct reference, public sector only, 2= could be inferred but no direct reference, both public and private sector , 3= clear reference/ relevance, public sector only , 4= clear reference/ relevance, both public and private sector] b: [score: 0 = none, 1= apparently some positive duty element, 2= clear positive duty element of some sort] c: [score: 0= nothing specific, 1= some, but not well developed, 2= good] d: [score: 0= nothing specific, 1= some, but not well developed, 2= good] e:[score: 0= nothing specific, 1= some, but not well developed, 2= good] 10.1.1.2.1 Question 1:Does national legislation make references to or cover (directly or indirectly) accessibility of technology goods and services? (scoring a) 0 / 1 / 2 / 3 / 4 10.1.1.2.2 Question 2:Does national legislation make reference to or cover (directly or indirectly) a positive duty element (requirement for systemic action, anticipatory duty to accommodation) in relation to accessibility of technology? (scoring b) 0 / 1 / 2 10.1.1.2.3 Question 3:Are provisions to ensure anticipatory duty to accommodation for providers of goods and services in private sector in place, covering (directly or indirectly) accessibility of technology? (scoring c) 0 / 1 / 2 10.1.1.2.4 Question 4:Are grants, public funds or tax incentives for providers of goods and services to cover extra costs related to accommodation or anticipatory accommodation in place? (scoring d) 0 / 1 / 2 10.1.1.2.5 Question 5:Are any negative incentives, e.g. financial sanctions (compulsory fines, day fines, damage payment, withdrawal of public financial support, etc) or shaming, imposed on providers of goods and services who do not ensure reasonable accommodation, covering (directly or indirectly) accessibility of technology? (scoring e) 0 / 1 / 2
This chapter investigates which steps the Country has taken to ensure accessibility for persons with specific needs in employment. Please apply the following search procedure to all questions in this section Step 1: Please first check with the existing MEAC policy inventory for basic information (available at http://ec.europa.eu/information_society/activities/einclusion/docs/meac_study/meac_policy_inventory_06_11_07.doc). Step 2: Check if more up-dated information is available at http://www.epractice.eu/en/factsheets and in “eInclusion public policies in Europe http://ec.europa.eu/information_society/activities/einclusion/library/studies/docs/einclusion_policies_in_europe.doc. Step 3: Finally, please check quality of information against national reports and, if necessary, with relevant public authorities. Step 4: Then please answer the questions as accurately as possible. Step 5: If none of the previous steps leads to any positive result or you have any question, you may send an email to the mailing list (policy.expert@technosite.es). 11.1.1.1 Implementation of reasonable accommodationDescription: In this question we ask about provisions to ensure accessibility in occupation and employment. Scoring: a: [score: no reasonable accommodation provision = 0, unclear/ weak accommodation provisions = 1, standard reasonable accommodation provisions (as in the EU directive 2000/78/EC) = 2, good (implicit) coverage of eAccessibility issues = 3, explicit coverage of eAccessibility issues = 4)] b: [score: no provisions = 0, apparently some relevance = 1, yes, clear requirement = 2] c: [score: no provisions = 0, some but not well developed= 1, yes, good provisions = 2] d: [score: no provisions = 0, some but not well developed= 1, yes, good provisions = 2] e: [score: no provisions = 0, some but not well developed= 1, yes, good provisions = 2] 11.1.1.1.1 Question 1:Are provisions to ensure a duty to reasonable accommodation for employers in place, covering (directly or indirectly) accessibility of technology? (scoring a) 0 / 1 / 2 / 3 / 4 11.1.1.1.2 Question 2:Are provisions to ensure positive (anticipatory) duty to accommodation for employers in place? (scoring b) 0 / 1 / 2 11.1.1.1.3 Question 3:Are provisions to ensure support mechanisms for redress or damage payment for lack of accessibility in employment in place, covering (directly or indirectly) accessibility of technology? (scoring c) 0 / 1 / 2 11.1.1.1.4 Question 4:Are grants, public funds, or tax incentives for employers to cover extra costs related to accommodation or anticipatory adjustments in place, covering (directly or indirectly) accessibility of technology? (scoring d) 0 / 1 / 2 11.1.1.1.5 Question 5:Are any negative incentives, e.g. financial sanctions (compulsory fines, day fines, damage payment, withdrawal of public financial support, etc) or shaming, imposed on employers who do not ensure accommodation or anticipatory accommodation in the work place, covering (directly or indirectly) accessibility of technology? (scoring e) 0 / 1 / 2
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