This chapter investigates how eAccessibility has been addressed in public procurements of goods and services in your Country.
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 on policy/technology domain (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).
12.1.1.1 Implementation of public procurement
Description: Provisions to ensure accessibility to goods and services purchased by public authorities. We are particularly interested in compliance with the EU directives on public procurement (Directives 2004/17/EC, Article 34/1 and 2004/18/EC 23/1 respectively, Article 34/1). According to the directives contracting authorities should, whenever possible, lay down technical specifications so as to take into account accessibility criteria for people with disabilities or design for all users.
Scoring:
0 = no procurement laws/regulations referring to accessibility; no other relevant activities addressing accessibility in mainstream public procurement accessibility
1 = accessibility is referenced in the transposition of the revised EU Directives, but seems considerable weaker than intended; no other activities
2 = accessibility is referenced in the transposition of the revised EU Directives, but seems a bit weaker than intended, other initiatives such as toolkits are to be found, but not linked to this
3 = specific reference to/ encouragement of accessibility in laws/regulations, but no (yet) being followed-up
4 = specific reference to/ encouragement of accessibility in laws, and some relevant (follow-up) activity
5 = specific reference to / requirement of accessibility in laws, and a lot of relevant (follow-up) activity
12.1.1.1.1 Question 1:
To what extent are provisions to ensure accessibility to goods and services purchased by public authorities in place, which cover directly or indirectly technology? 0 / 1 / 2 / 3 / 4 / 5
12.1.1.2 Public procurement law, strength
Description: Overall strength of public procurement law in the Country.
Scoring:
0 = No implication
1 = Inclusion of eAccessibility in ICT procurement is allowed, but not specifically encouraged
2 = Inclusion of eAccessibility in ICT procurement is encouraged, but not mandatory
3 = It is mandatory to include eAccessibility in some ICT procurements by public bodies.
4 = It is mandatory to include eAccessibility in all ICT procurement by public bodies.
12.1.1.2.1 Question 1:
Overall, which implications (if any) do existing public procurement law and regulations have for the inclusion of eAccessibility requirements in public procurement of ICT in your country 0 / 1 / 2 / 3 / 4
12.1.1.3 Public procurement law, training and guidance
Description: Availability of training and guidance for parties responsible for public procurement in the Country.
Scoring:
a: [score: no = 0, yes = 1]
b: [score: no = 0, yes = 1]
c: [score: no = 0, yes = 1]
12.1.1.3.1 Question 1:
Does it exist a central source of expertise that can be consulted by parties responsible for public procurement? (scoring a) 0 / 1
12.1.1.3.2 Question 2:
Are guidelines on eAccessibility available to parties responsible for public procurement? (scoring b) 0 / 1
12.1.1.3.3 Question 3:
Is training on eAccessibility available to parties responsible for public procurement? (scoring c) 0 / 1
12.1.1.4 Public procurements linked to the EU Structural funds (only for EU countries)
Description: For the 2007-2013 period Council Regulation 1083/2006 on the structural funds Article 16 requires Member States and the Commission to take appropriate steps to prevent any discrimination based on inter alia disability during the various stages of implementation of the Funds and, in particular, in the access to them.
Search procedure for collecting information
Step 1: Please first check if information about your country is available in the 2009 Study on the Translation of Article 16 (available at http://ec.europa.eu/regional_policy/sources/docgener/evaluation/eval2007/art16_gender_en.htm ).
Step 2: Then please follow the general search procedure for this section of the questionnaire.
Step 3: If none of the previous steps leads to any positive result or you have any question, you can send an email to the mailing list (policy.expert@technosite.es).
Scoring: [score: No = 0, planned = 1, Already in place = 2]
12.1.1.4.1 Question 1:
Have your country any procedures put in place (or planned to be put in place) to require/ encourage inclusion of eAccessibility requirements in public procurements of ICTs that utilise EU Structural Funds? 0 / 1 / 2
12.1.1.5 Accessibility requirements in project selection process (only for EU countries)
Description: We now pose two questions about what actions national authorities in your country have taken to ensure accessibility for persons with disabilities in the various stages of implementation of the Funds.
Scoring:
a: [score: Nothing specific= 0, Projects targeting users with specific needs have certain advantage when a decision on support is taken (eg. may get a higher score) = 1; All projects supported by public funding have to comply with accessibility requirements= 2; All projects have to comply with accessibility requirements = 3]
b: [score: Nothing specific=0; Project applicants must explain the contribution of their projects regarding equal opportunities= 1; Guidelines, advice, consultation or training on cross-cutting issues are available to project applicants= 2; Guidelines, advice, consultation or training on cross-cutting issues are available to project evaluators/appraisers; and public agencies in charge of the selection process = 3]
12.1.1.5.1 Question 1:
Have national authorities in your country taken any of the following steps to integrate accessibility requirements into the project selection process? (scoring a) 0 / 1 / 2 / 3
12.1.1.5.2 Question 2:
What tools are used to integrate accessibility requirements into the project selection process? (scoring b) 0 / 1 / 2 / 3
Enforcement of public policy
This chapter focuses on the practices of four sets of actors: public agencies, ombudsman offices/ rights commissioners, judicial authorities and disabled people’s organisations (DPOs). The questions provide data to analyse the capacity of various types of actors to monitor and enforce the law and policy instruments.
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).
13.1.1.1 Coordination and enforcement of public eAccessibility policy
Description: This question investigates the efforts to coordinate and enforce regulations, laws and policies on eAccessibility by public administration in the Country.
Scoring:
a: [score: no national agency with a particular responsibility=0, responsibility is divided between different agencies =1, one agency has a particular responsibility= 2]
b: [score: no provisions = 0, some but not well developed/ narrow scope= 1, strong provisions and broad scope=2]
c: [score: no provisions = 0, some but not well developed/narrow scope= 1, strong provisions and broad scope=2]
13.1.1.1.1 Question 1:
Are there national public agencies coordinating and supporting the enforcement of current regulations, laws and policies on eAccessibility? (scoring a) 0 / 1 / 2
13.1.1.1.2 Question 2:
Are national public agencies entitled to impose sanctions (penalties) on public enterprises to enforce accessibility requirements (scoring b) 0 / 1 / 2
13.1.1.1.3 Question 3:
Are national public agencies entitled to impose sanctions (penalties) on private enterprises to enforce accessibility requirements? (scoring c) 0 / 1 / 2
13.1.1.2 Monitoring of public eAccessibility policy
Description: This question investigates to what extent the Country is monitoring current regulations, laws and policies on eAccessibility.
Scoring:
a: [score: no monitoring = 0, some but unsystematic/ narrow scope = 1, systematic and broad scope= 2]
b: [score: no monitoring = 0, some but unsystematic/narrow scope= 1, systematic and broad scope= 2)]
13.1.1.2.1 Question 1:
Does the Country regularly monitor for compliance with the appropriate accessibility (no less than once per annum) and report for all public facilities and services? (scoring a) 0 / 1 / 2
13.1.1.2.2 Question 2:
Does the Country regularly monitor for compliance with the appropriate accessibility (no less than once per annum) and report for all private facilities and services? (scoring b) 0 / 1 / 2
13.1.1.3 Deliberation of public policy – cooperation with stakeholders
Description: This question investigates whether the Country has taken action to systematically review whether existing law and policy are relevant, sufficient to achieve policy objectives and in compliance with European international law.
Scoring:
a: [score: no review mechanism= 0, some but unsystematic/ narrow scope, = 1, systematic and broad scope= 2]
b: [score: no review mechanism= 0, some but unsystematic/ narrow scope, = 1, systematic and broad scope= 2]
c: [score: no review mechanism= 0, some but unsystematic/ narrow scope, = 1, systematic and broad scope= 2]
d: [score: no mechanism=0, only for one or two technology/ policy domains= 1, broad coverage =2]
13.1.1.3.1 Question 1:
Is there a systematic review mechanism (regular report of progress etc.) by the Country of the existing legislation and/or policies concerning eAccessibility? (scoring a) 0 / 1 / 2
13.1.1.3.2 Question 2:
Is there a systematic mechanism to involve disabled people’s organisations working in the field of eAccessibility to the drafting, designing, implementation and evaluation of laws and policies? (scoring b) 0 / 1 / 2
13.1.1.3.3 Question 3:
Is there a systematic mechanism to involve business in the field of eAccessibility to the drafting, designing, implementation and evaluation of laws and policies? (scoring c) 0 / 1 / 2
13.1.1.3.4 Question 4:
Is a national mechanism (e.g. ad-hoc websites, email address, telephone number) where citizens can report experiencing accessibility problems with public e-services in place? (scoring d) 0 / 1 / 2
13.1.1.4 Accessibility awareness raising programs
Description: Existence of national information campaigns and programs about eAccessibility.
Scoring:
a: [score: no=0, targeting one technology domains/ limited groups of stakeholders=1, covering several technology domains/ broad groups=2]
b: [score: no=0, some but not well developed/ narrowly defined=1, programs cover several groups of public employees and technology domains=2]
13.1.1.4.1 Question 1:
Has there been any nationwide conferences and other awareness raising/information programs, projects, in the field of eAccessibility in the year 2009? (scoring a) 0 / 1 / 2
13.1.1.4.2 Question 2:
Do country laws or policies require ICT accessibility training for public employees? (scoring b) 0 / 1 / 2
13.1.1.5 Administrative and court decisions about eAccessibility
Description: Existence of administrative decisions and court rulings on complaints about insufficient eAccessibility in the Country.
Scoring:
a: [score: no decision = 0, some, but rare/weak = 1, frequent/strong decision= 2]
b: [score: no cases/ no office = 0, cases about accessibility for persons with specific needs but not eAccessibility as such = 1, yes, cases about eAccessibility have been addressed=2]
c: [score: no cases/ no office = 0, cases about accessibility for persons with specific needs but not eAccessibility as such = 1, yes, cases about eAccessibility have been addressed=2]
d: [score: no cases = 0, cases about accessibility for persons with specific needs but not eAccessibility as such = 1, yes, cases about eAccessibility have been addressed=2]
13.1.1.5.1 Question 1:
Has public administration in the Country issued any decisions following complaints from individuals or organisations about lack of eAccessibility (e.g ordered corrections or suspensions or imposed financial sanctions on enterprises in violation of existing eAccessibility provisions)? (scoring a) 0 / 1 / 2
13.1.1.5.2 Question 2:
Has the parliamentary or civil ombudsman office investigated any cases related to lack of eAccessibility? (scoring b) 0 / 1 / 2
13.1.1.5.3 Question 3:
Has the office of the rights commissioner or ombudsman investigated any cases of alleged discrimination against persons with disabilities? (scoring c) 0 / 1 / 2
13.1.1.5.4 Question 4:
Have there been any court rulings relevant for eAccessibility in the Country? (scoring d) 0 / 1 / 2
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