Accessibility
The accessibility or universal accessibility is the degree of slope which allows any object to be used by the public, visit a place or access a service, independently their technical, cognitive or physical abilities.
To promote accessibility, use is made of certain facilities that help overcome obstacles or accessibility barriers in the environment, getting these people to carry out the same action that a person without any type of disability could carry out. These facilities are called technical aids. Among these are the Braille alphabet, sign language, wheelchairs, auditory signals at traffic lights, etc.
Considering the "Convention on the Rights of Persons with Disabilities", accessibility is a right that implies the real possibility of a person to enter, transit and stay in a place, in a safe, comfortable and autonomous. This implies that the physical environment barriers must be removed.
There are some axioms that must be applied in inclusive designs in order to achieve universal architectural solutions:[citation required]
- Axiom first of accessibility: a solution that is not safe, is not accessible.
- Axiom second of accessibility: a step is a barrier, a ramp must have the right slope in both directions.
- Axiom third of accessibility: the adapted bathroom door always opens out of the premises or is sliding.
- Axiom accessibility room: pomo-type herrage is not considered accessible because it cannot be easily rotated (without using fingers).
Specific areas
Medicine
In medicine, it is one of the basic characteristics of primary care, along with coordination, comprehensiveness, and longitudinality. Accessibility is the efficient provision of health services in relation to organizational, economic, cultural and emotional barriers.
Video Games
In the world of video games, developers want to make games accessible. Recently[when?] two guides have been published, one of them called Game Accessibility Guide that contains a fairly complete list of things to take into account when developing a video game to make it more accessible. They are divided into three groups, according to the complexity of their implementation in the game (basic, intermediate and advanced) and within each group a subdivision for the functionalities to which they are directed (general, mobility, cognitive, visual, auditory and speech)..
The other accessibility guide is called Includification. At the head of the web page you can access mobility, listening, vision, cognitive and other so-called Random Thoughts that cover all disabilities in general. In addition, a pdf has been prepared from this website with the accessibility problems faced by people with disabilities, as well as testimonials and real examples from users.
Computer Science
In computing, accessibility includes aids such as high-contrast or large fonts, screen magnifiers, screen readers and reviewers, speech recognition programs, adapted keyboards, and other pointing and input devices.
“The power of the web lies in its universality. Access for everyone, despite disability, is an essential aspect.”Tim Berners-Lee [chuckles]required]
Accessibility applied to Internet content is called web accessibility. On the Web, the W3C has developed specific guidelines or guidelines to enable and ensure this type of accessibility. The working group within the W3C in charge of promoting it is the WAI (Web Accessibility Initiative), preparing for it some Guidelines for Accessibility to Web 1.0 content, WCAG.
According to Egea 2007:21 and#34;we can encompass the main difficulties encountered by people with disabilities in their relationship with digital technologies in three main lines:
- Possibility of handling or accessing the physical elements provided by digital technologies.
- Possibility to interact with the interfaces present in each medium.
- Possibility of accessing the contents presented to us by the terminals, which are becoming more and more complex.
Legislation
Many countries have mandatory laws that ensure the accessibility of the pages of their public administration or the sites of companies that offer services and products for them. The most important ones will be seen below.
Europe
In Europe, the most interesting aspects of accessibility can be found in the eEurope plans and in the text of the "Charter of Fundamental Rights of the European Union". In said letter, it is made clear that any discrimination is prohibited, and in particular that exercised for reasons of sex, race, color, ethnic or social origins, genetic characteristics, language, religion or beliefs, political opinions or of any other type, belonging to a national minority, heritage, birth, disability, age or sexual orientation.
In June 2000, the "eEurope 2002 Action Plan" was approved, developed by the Commission and the Council of Europe from the initiative of the same name in December 1999. As can be seen in the text of the "eEurope 2000 Action Plan", it is an ambitious project aimed at "turning Europe into the most competitive and dynamic economy in the world", exploiting all the "opportunities of the New Economy, and especially, the Internet. Thus, it is a plan from which the more than 377 million inhabitants of the European Union can benefit.
The plan includes different actions grouped around three fundamental objectives: (1) achieving a faster, cheaper and safer Internet, (2) investing in people and training and (3) stimulating the use of the Internet. Within the second objective, the measures approved to allow and promote everyone's participation in the New Economy and in what is called the Information Society stand out. It begins by making it clear that “public sector web pages and their content, in the Member States and the European institutions, must be designed in such a way that they are accessible, so that citizens with disabilities can access the information and take full advantage of the possibilities of electronic administration.
For the implementation of eEurope 2002 in the field of "participation of all in the knowledge-based society", the ESDIS High Level Group (dealing with employment and the social dimension in the Information Society), received the mandate to closely follow the evolution of accessibility. In addition, a Group of experts called “eAccessibility” was created to assist the High Level Group.
The eEurope 2002 line of action aimed at accessibility has as its main objective "to improve access to the web for people with disabilities", in line with "the principle of non-discrimination, proclaimed in the Treaty of the European Union". This action directly benefits the more than 37 million inhabitants of the countries of the Union who have some type of disability. For this, the end of 2001 is established as the deadline for the adoption of the Guidelines of the Web Accessibility Initiative (WAI, Web Accessibility Initiative). The initiative will be discussed in point 2.4, while the guidelines will be explained in section 2.5.
In addition, this plan recognizes the need to accelerate the creation of an adequate legislative environment, establishing fixed deadlines for the approval of different laws that enable the objectives set. In this sense, the end of the year 2002 (hence the name of the plan) is established as the limit to reach the proposed goals, and it is made clear that it will be necessary to continue the plan beyond said date. Thus, in June 2002, the continuation of the plan, called eEurope 2005, was presented at the European Council in Seville. Basically it follows the lines of action proposed by the previous plan, updating it with the achievements and the current situation.
As part of this plan is the eInclusion line of action, which under the motto "an information society for all", aims to achieve basic objectives such as "guaranteeing that the information society does not translate into social exclusion ”.
It is also interesting to note that both the "Info XXI Action Plan" as its continuation "España.es" are part of these great projects in Europe.
In 2003, the European Commission commissioned the drafting of a study for the standardization of European accessibility criteria. This is how the 'European Concept of Accessibility' was drafted, whose main author is Francesc Aragall. In this work, the bases of the accessibility philosophy of application in Europe are laid.
Germany
On July 23, 2002 the German Government published the "Decree on Barrier-Free Information Technology", which, based on the accessibility guidelines for web content (WAI), includes such guidelines by writing them in legal terms.
Spain
In Spain, in an act held on December 3, 2005 on the occasion of the International Day of Persons with Disabilities, the Government announced its intention to amend article 49 of the Spanish Constitution to replace the text of the Magna Carta the word "diminished" by "disabled". He currently prays:
The public authorities will carry out a policy of foresight, treatment, rehabilitation and integration of the physical, sensory and psychic declines.
He also expressed his intention to approve the draft Personal Autonomy Law at the end of the year, with the expectation that it will come into force between 2006 and 2007.
The "Law for the Social Integration of the Disabled" (LISMI, promulgated in 1982) meant the first legal action that included compensatory measures for people with disabilities, but did not promote their active participation in society. In addition, due to the fact that in that year the technologies were not sufficiently developed, this law does not include any action related to web access.
Subsequently, and to prepare for the development and application in Spain of the "eEurope 2002 Action Plan", the Government published at the beginning of 2001 the so-called "Info XXI Action Plan", in force between 2001 and 2003. One of its main objectives was to “facilitate access to the Information Society and the intensive use of New Technologies for the disabled in order to achieve equal opportunities”.
In 2002, Law 34/2002, of July 11, on services of the information society and electronic commerce, also called LSSICE, was published in the BOE. It was published in the BOE on July 12, 2002, and entered into force three months after its publication, that is, on October 12, 2002. This law indicates that the administration websites must be accessible to the disabled, being possible the requirement of compliance with said law also for those pages financed by public administrations. In its fifth additional provision, guidelines are also established on "accessibility for people with disabilities and the elderly to information provided by electronic means."
It is also worth mentioning Law 51/2003, of December 3, on Equal Opportunities, Non-Discrimination and Universal Accessibility of Persons with disabilities and Order 1551/2003, of June 13, which develops the first final provision of Royal Decree 209/2003, of February 21, which regulates electronic records and notifications, as well as the use of electronic means to replace the contribution of certificates by citizens.
More oriented towards the subject of this study is the "I National Accessibility Plan", approved by the Council of Ministers on July 25, 2003, and developed by the Ministry of Labor and Social Affairs through IMSERSO. With the motto "For a new paradigm, Design for All, towards full equal opportunities" its more general objective is made clear.
It includes the Government's commitments in terms of accessibility that will be developed in successive periods of three years, from its entry into force in 2004 until its end in 2012. Likewise, the plan will promote the paradigm of "Design for Everyone” through a regulatory system that guarantees accessibility.
Its development includes carrying out studies, awareness campaigns, specialized training and promotion of research and technical development in various fields.
The change in European and Spanish legislation obliges the websites of European, national, regional, local, etc. public administrations. (town halls, associations, provinces, autonomous communities, ministries, etc.) and entities that are fully or partially subsidized (NGOs, transport consortia, universities, citizen, political, and social organizations, etc.), to meet a minimum level of accessibility "AA" on a certain date, which in the case of Spain was at the end of 2005.
Current regulations
Royal Legislative Decree 1/2013, of November 29, approving the Consolidated Text of the General Law on the rights of people with disabilities and their social inclusion.
Law 8/2013, of June 26, on urban rehabilitation, regeneration and renewal.
In terms of building, the regulations in Spain were updated in December 2015 within the technical building code (CTE) in its basic document (DBA) on safety of use regarding accessibility (SUA-9) where the criteria to follow.
Ireland
In Ireland, the Equal Employment Act 1998 and the Equal Status Act 2000 provide the legal framework for promoting accessibility. In addition, the websites of the Public Administration departments are required to meet the accessibility criteria of the WAI guidelines.
Portuguese
Portugal is one of the first European countries to adopt measures – in 1998 – to make the pages of its administration accessible to everyone.
United Kingdom
In 1995 the UK passed its "Disability Discrimination Act" to prohibit discrimination against persons with disabilities in relation to employment, goods, services, education and transportation.
Sweden
In Sweden the "Agency for Public Management" presented in June 2002 the guidelines for the web design of public sites, including the application of the WAI guidelines.
Rest of the world
On December 20, 1993, the United Nations approved the "Standard Rules on Equal Opportunities for Persons with Disabilities", the purpose of which is to “guarantee that girls and boys, women and men with disabilities, as members of their respective societies, may have the same rights and obligations as others. The political and moral foundation of these standards is found in the "International Bill of Human Rights".
The text of the norms states that “although they are not binding, these norms may become customary international norms when applied by a large number of States with the intention of respecting a norm of international law. They carry implicit the firm moral and political commitment of the States to adopt measures to achieve equal opportunities”. In addition, "these standards constitute a normative and action instrument for people with disabilities and their organizations."
Article 5, “Possibilities of access”, of these norms declares that “States must recognize the global importance of the possibilities of access within the process of achieving equal opportunities in all spheres of society. For people with disabilities of any kind, States must (a) establish action programs to make the physical environment accessible and (b) adopt measures to guarantee access to information and communication.”
Likewise, it is stated that "any violation of the fundamental principle of equality and any discrimination or unjustified difference in treatment of persons with disabilities that contravenes the Uniform Rules on equal opportunities for persons with disabilities violates or invalidates and undermines the enjoyment of the human rights of such persons”. Furthermore, it “urges governments to take active measures to ensure that persons with disabilities fully enjoy all human rights and fundamental freedoms, in particular by removing or facilitating the removal of barriers and obstacles to the effective and equal enjoyment of the human rights of these people, and establishing national policies”.
In this way, the peoples of the United Nations make clear their concern for the full integration of people with disabilities. and they embark on the long journey towards the achievement of an egalitarian society without discrimination.
Article 3 of the Convention on the Rights of Persons with Disabilities.
Argentina
In Argentina, in March 1981, National Law No. 22,431 was enacted that creates the comprehensive protection system for people with disabilities, later, in 1994, National Law No. 24,314 was enacted - Accessibility for people with reduced mobility–, which replaces Chapter IV, regulates accessibility to the physical environment: «The priority is established for the removal of physical barriers in urban architectural and transport areas...» (Art. 20), « Architectural barriers are understood to be those existing in buildings for public use, whether they are public or private property..." (Art. 21) and "Transportation barriers are understood to be those existing in the access and use of public means of transport... »(Article 22). On January 13, 2003, the Legislature of the Autonomous City of the City of Buenos Aires enacts Law No. 962 "Physical accessibility for all", which introduces modifications to the Building Code of the City of Buenos Aires.
On May 21, 2008, National Law No. 26,378 was enacted, with the approval of the Convention on the Rights of Persons with Disabilities and its optional protocol, approved by resolution of the United Nations General Assembly, in its Article 9. Accessibility, "...In order for persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure access of persons with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, including information and communications systems and technologies, and other services and facilities open to the public or public use, both in urban and rural areas...",
National Law No. 26,653 expresses the Accessibility of Information on web pages, was promulgated on November 26, 2010. In its 1st article it states: "The national State, understood as the three powers that constitute, their decentralized or self-sufficient bodies, non-state public entities, state companies and private companies concessionaires of public services, companies providing or contractors of goods and services, must respect in the designs of their Web pages the rules and requirements on accessibility of information that facilitate access to its contents, to all people with disabilities in order to guarantee real equality of opportunity and treatment, thus avoiding all types of discrimination". and it continues in its 2nd article considering that "Civil society institutions or organizations that are beneficiaries or receive subsidies, donations or remissions, by the State or enter into service contracts with it, must meet the requirements established in Article 1 from the entry into force of this law. For this purpose, the aforementioned legal entities that demonstrate that they do not have the possibility of complying with the provisions, will receive the necessary direct technical assistance, training and training of personnel by the national State". This means that the web pages of the public sector and those who outsource services to the state are obliged to consider accessibility in their structures, contents and functionalities.
Law 26,522 of Audiovisual Communication Services of the year 2009 in its article 66, and its regulations (Dec. 1225/2010), provide for the inclusion on television of accessibility tools for people with sensory disabilities, older adults and other people who may have difficulties accessing the content: hidden subtitling (closed caption), audio description for people with visual disabilities, audio description for people with intellectual disabilities, and sign language.
Australia
In Australia, Commonwealth departments and offices are required by the Discrimination Act 1992 to ensure that information and services posted online are accessible to people with disabilities. The Online Council approved the adoption of the WAI guidelines as the most suitable set of standards for all public websites in Australia. The guidelines are supported by the Australian Human Rights and Equal Opportunity Commission, as well as by disability groups.
Brazil
Lastly –although the list of countries that adopt measures to facilitate accessibility does not end here– on December 10, 2000, Law 10,098 was approved in Brazil, which defines the general rules and basic criteria to guarantee accessibility to the physical environment, transport and communications to all people with disabilities.
Canada
In Canada, the government requires that its pages be accessible to all people with disabilities, in accordance with the "Canadian Common Look and Feel" initiative and standardization of websites. Oriented towards the needs of the user, WAI accessibility standards have been adopted, like most countries in the rest of the world.
United States
On the other hand, the country that has made the most progress in its accessibility policy is the United States thanks to the law of Section 508 of its "Rehabilitation Act Amendments". In 1998, said law was amended to be able to require that all products and services developed, acquired or generally used by the federal administration be accessible to the disabled. To this end, a series of requirements were issued that these services and products must comply with.
Because many US companies dedicated to Information Technology develop products for administration or are part of it, the result is that they are forced to comply with accessibility standards if they do not want to lose a significant market share. Thus, and although it is not a mandatory law, it has achieved great successes in terms of digital accessibility and in particular in accessibility to web content.
Peru
In Peru, there is a General Law for Persons with Disabilities since December 2012 and its regulations since April 2014. In addition, there is a Technical Standard (A-120) that perfectly defines the necessary dimensions to facilitate access to life public.
The law is concerned with clearly defining that the rights of a person with a disability are the same as those of anyone else. Specifically, it defines that a person must be able to safely and autonomously access any public service and that the State is responsible for ensuring that this is the case.
Since 1998, the year in which the law on the promotion of tourism was promulgated, it was already indicated that people with disabilities and the elderly should be given easy access to tourist facilities.
Uruguay
In Uruguay, in 1989 - published in the Official Gazette under No. 22989 - Law 16,095 was born, establishing a comprehensive protection system for people with disabilities.
On December 4, 2008, with the publication in the Official Gazette of Law No. 18,418, the Uruguayan State ratified the Convention on the Rights of Persons with Disabilities, signed in New York City, United States, on April 3, 2007.
On March 9, 2010, Law 18,651 came into effect, establishing the system for the protection of the rights of people with disabilities. It is a Law that twenty years after the birth of the aforementioned, broadens the general framework and changes some existing approaches. In its chapters IX and X, are the provisions referring to architecture and urbanism, and transportation.
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