Right of Disabled People to Accessible Internet

• Author: Amir A. Majid
• Position: BA (Punjab), LLB (Hons)-LLM (London) DASL, Dip in Air & Spc Law (London Institute of World Affairs) DASL-Dr. of Civil Law (McGill), FRSA, Barrister Member of the Higher Education Academy Reader in Law, London Metropolitan University p/t Immigration Judge
• Pages: 76-82

Page 76

Introduction

Regarding the civil rights of disabled people, I have not come across any test of welfare more potent than that authoritatively enunciated in the UK House of Lords by Lord Slynn of Hadley (a jurist of brilliant distinction). Lord Slynn adopts a purposive and justice-oriented approach to this issue and recommends that a nation should strive to enable a disabled person lead as "normal life" as possible. His Lordship emphasised that "the yardstick of a "normal life" is important; it is a better approach than adopting the test as to whether something is 'essential' or 'desirable'. Social life in the sense of mixing with others, taking part in activities with others, undertaking recreation and cultural activities can be part of normal life. It is not in any way unreasonable that the severely disabled person should wish to be involved in them despite his disability." ¹

In this article, the laws in the international scene, the EU, the US and the UK will be surveyed briefly. The search will be for finding a legal right to accessible internet for people with disabilities. Then the evaluative remarks will be made on how nations are promulgating pro-disabled laws and what action they are taking to enforce these laws.

Measures by the UN

The United Nations has been fully aware of the special needs of over 650 million sensorily and physically disabled people in the world. "Only about 45 countries in the world, however, have legislation aimed at assuring the rights of people with disabilities." ² Like other transnational bodies and nations, the UN has not matched its immaculate expressions of concern with potent action to eliminate them.

The UN has a legitimate excuse (equally available to other transnational bodies) that its lack of action in some aspects is circumscribed by the means put at its disposal by Member States. However, the individual nations, sometimes whose leaders often utter beautiful pro-disabled rhetoric, have very disappointing record in this area. Some, for instance, buy the argument, "We are under attack. We must priortise our expenditure on bullets and guns to defend ourselves, rather than spending our foreign exchange reserves on buying white sticks for blind people." This author finds this argument vacuous. He would say, "Buy white sticks and redouble your efforts for bringing about the peace!"

The UN made the E-Accessibility to be theme for International Day of the Disabled Persons (3 December 2006). Mr. Sarbuland Khan, Executive Coordinator of the Secretariat of the Global Alliance for ICT and Development, said, "The new computer-based information technologies have the potential for opening up a world of new opportunities for persons with disabilities."³

Page 77

With only 45 States, out of its 192 members, having laws protecting the rights of disabled people, it realized that there should be a global treaty on this topic. By its resolution 56/168 of 19 December 2001, The UN established an Ad Hoc Committee charged with the drafting of a treaty on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities. In its eighth session, The Ad Hoc Committee at its 20th meeting, 25 August 2006, adopted the draft Convention on the Rights of Persons with Disabilities, including a draft Optional Protocol, as a whole, without a vote.⁴

In its 61st session on 13 December 2006 The UN General Assembly adopted the Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention annexed to the resolution. The Convention will be open for signature at United Nations Headquarters in New York as from 30 March 2007. The UN has urged upon Member States "to consider signing and ratifying the Convention and the Optional Protocol as a matter of priority" and has expressed the hope that they will enter into force these instruments "at an early date." ⁵

In the preambular paragraph (y) of the Convention it is observed that legislative protection is needed because persons with disabilities suffer from "the profound social disadvantage." This Convention in its Preamble again in paragraph (f) recognises "the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels, to further equalize opportunities for persons with disabilities.⁶

Paragraph 3 of the Standard Rules requires the States to devise "action programmes" which should include, inter alia:

( a ) Measures to design and adapt workplaces and work premises in such a way that they become accessible to persons with different disabilities;

( b ) Support for the use of new technologies and the development and production of assistive devices, tools and equipment and measures to facilitate access to such devices and equipment for persons with disabilities to enable them to gain and maintain employment.

The Key Provisions of the Convention on the Rights of Persons with Disabilities

Article 4.1 in its enumeration of "General obligations" viz the accessibility of internet, inter alia, enlists the following duties:-

"(f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;

"(g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;

"(h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities."

Article 9.2 deals with "Accessibility" and requires member States to take "appropriate measures" to:

"(g) Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;

"(h) 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."

Page 78

The drafters of the Convention on the Rights of Persons with Disabilities have taken a minor act of "accessibility" in Article 49 which says "The text of the present Convention shall be made available in accessible formats."

Measures in the European Union

The Maastricht Treaty and earlier EU instruments, make no mention of disability and provide no clear legal basis for specific action in this field. It has therefore been difficult for the Community to adopt legislation and policy promoting the interest of disabled Europeans, since all such action must be based on the Treaty (i.e. have an appropriate legal basis). Instead the Community institutions (the Commission, the European Parliament and the Council) have had to work with inadequate legal bases which fail to recognise the disability dimension of the numerous Community policies such as free movement of persons, harmonisation of national legislation to achieve the internal market etc. Examples of the problems, that have arisen, are amply demonstrated by the "Invisible...