The most significant international convention with provisions relating to website accessibility is the UN Convention on the Rights of Persons with Disabilities which was adopted on 13th December 2006, and entered into force on 3rd May 2008, when it was ratified by the twentieth nation. Frequently Asked Questions on the Convention are available here.
The Convention has an Optional Protocol which provides for a complaints mechanism and is ratified separately from the Convention
The UK has signed the Convention but has not yet ratified it (as at December 2008). The Government hopes to ratify in Spring 2009 (including the Optional Protocol), subject to a few reservations and ‘interpretative declarations’, discussed in this link to the UK Office For Disability.
It seems the potential reservations relate to “residential care, employment in the armed forces, segregating education, and the right for people with disabilities to have liberty of movement, nationality and immigration”, and are thus irrelevant for our purposes.
In regard to access to websites, it should therefore be assumed that the provisions of the Convention will be fully applicable in the UK within a fairly short timescale. Where necessary UK law will be modified to comply.
Below is our list of relevant clauses, quoted directly from the original document, with critical phrases in red.
Preamble
v. Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,
Article 2 - Definitions
“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
Article 4 - General obligations
4.1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:
Article 5 - Equality and non-discrimination
5.3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
Article 9 - Accessibility
9.1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
9.1.2. Information, communications and other services, including electronic services and emergency services.
9.2. States Parties shall also take appropriate measures to:
9.2.1. Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;
9.2.2. Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;
9.2.3. Provide training for stakeholders on accessibility issues facing persons with disabilities;
9.2.6. Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;
9.2.7. Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;
9.2.8. Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.
Article 21 - Freedom of expression and opinion, and access to information
States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:
21.1. Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
21.2. Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
21.3. Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;
Notice in particular the principle of ”Reasonable Accommodation”, which also features prominently in the UK legislation.
Use the links below or on the right to explore further.
Details of relevant UK Legislation
Detailed Discussion of the the WC3 Guidelines
