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non-trivial problem.

What is Accessibility?

A considerable debate has opened up on the meaning of the term ‘accessibility’. It

is not easy to define as it has acquired a range of meanings in common usage with

particular interpretations in specific contexts. However, effective and widespread

use of formal standards requires that a common meaning must be adopted. Use

of the term ‘accessible’ is even more problematic. Gregg Vanderheiden, at the Trace

Center, was pointing out in 2001 that this term should not be used without some

qualification. An offering may be ‘more accessible’, ‘less accessible’ or even

accessible to a very specific group of people, but never just ‘accessible’. We might

think of a facility as ‘accessible to English-speaking people’, ‘accessible to people

with low incomes’ or ‘accessible to people with a disability’ but, in each case, we

are silently acknowledging that it will not be accessible to all of them. Then what

is an ‘accessible’ telephone? Can there ever be such a thing? There could be a

telephone which meets all of the criteria in a published set, which is a useful

categorization but its usefulness is only as good as the criteria themselves. Any

attempt to extrapolate beyond the intended context leads to difficulties, with the

risk of finding that there are people who cannot use the so-called ‘accessible’

facility. The authors of criteria sets are generally aware of the limits of their work

but others may use the description ‘accessible’ as a convenient shortform, with the

danger that a particular set of criteria comes to be seen as the practical definition

of what is ‘accessible’.

The starting point for ‘accessibility’ is ‘usability’. Usability is taken to mean the

ability of a defined group of people to make use of the product or service. A book

is usable by people who can pick it up, turn the pages, view the content and

comprehend it. It is not usable by people who, because of disabilities, cannot

handle it or see it. If it contains text written in (say) German, it will not be usable

by people who do not understand that language. The book can be made usable for

many of these people in various ways, although it may not then be the same book,

or even a printed book at all. For all the people who are excluded from

comprehension of the book for whatever reason, it is not accessible to them and

will remain so unless steps are taken to improve its usability in their particular

circumstances. ‘Accessibility’ therefore can be regarded as a measure of the extent

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to which groups of people other than the originally intended users can be offered

the experience of using the item in question.

Two points emerge from this simple example. Firstly, with traditional technologies

the intended users are defined by custom and usage. Printed books have always

been aimed at users who can access and appreciate them, so the task of improving

their accessibility has fallen largely to agencies outside the mainstream book trade.

With new technologies there is an expectation that accessibility issues of all kinds

will be addressed at or even before product launch, which is a culture shift that is

not apparent to all. The message for developers of standards is that this is now a

mainstream issue and not something to be addressed in niche markets. Secondly,

it is not a once for all issue. Improved accessibility is a continually advancing

objective requiring constant examination of the types of people who are not given

access. The consequence is that a wider skills base is now called for in standards

Committees.

Inclusive Design - Design for All

The points raised in the previous section can be addressed by the process of

Inclusive Design, also known as Design for All. While it does not mean that all

intending users can be given immediate access, it does signify an iterative process

to improve accessibility by widening the target user population each time the

design of a product or service is re-visited. This process ought to be as fundamental

to the design function as the inclusion of quality parameters, that is, an integral

component and not a feature to be added at the last moment. As with quality,

there are general standards for the Inclusive Design process, which can and should

be cross-referenced in the standards for specific items.

Standards complementing Directives

This section has so far been concerned with the standards that amplify the New

Approach in EU Directives, that is to say, those standards which are accepted as

describing how the essential requirements of a Directive might be met without

claiming to be the only route to achieving conformity. These standards are still

voluntary, in that other methods of showing conformity with a Directive may be

utilised, although these may be less straight-forward or less convenient.

It is unusual for exact compliance with a standard to be demanded by legislation,

but there are other ways of giving a standard legal force. One such way is through

a legally binding contract and contracts in the public procurement arena offer a

most important example.

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Standards in Public Procurement

A new Public Procurement Directive, which Member States were required to

implement by 31st January 2006, replaces a set of earlier Directives and

amendments dating back to 1992/93. These themselves replaced previous

Directives. The importance of Community legislation in this area arises because

public sector contracting could otherwise lead to serious breaches of the open

principles of the Single Market. Public bodies would often frame contractual

procedures in ways that were familiar only to the regular bidders for the contracts,

and this made it very difficult for an outsider to get an invitation to tender. The

variety of national approaches and technical specifications acted as a deterrent to

bidders from other nations and such processes were fundamentally incompatible

with the Single Market rules of transparency and fairness. The Community has

devoted considerable effort to legislating for open procedures in public purchasing,

with strict rules for advertising and awarding contracts. These rules also eliminate

the use of technical specifications that would favour particular groups of bidders.

The series of Public Procurement Directives has pushed purchasing bodies towards

reliance upon European technical standards and specifications, or the national

standards which transpose them, and Member States which persisted in using non-

harmonized national standards have been fined heavily. It is possible for a public

purchasing body to use non-harmonized specifications, where there are over-riding

reasons for doing so (such as the need for compatibility with installed equipment),

but the procedures for sanctioning this are lengthy and involve additional work.

The simplest course is, as was intended, to use European technical specifications.

However, one effect of this has been to deter Member States from writing

accessibility requirements into their public purchasing specifications, as such

requirements are not commonly found in European technical standards used for

procurement purposes. Public procurement has in consequence provided less of a

lever to promote accessibility in Europe than it has in the USA, for example, where

Government purchasing has had a pronounced positive effect on the availability of

accessible ICT equipment.

The new Directive recognised this problem and it goes some way towards adopting

accessibility principles while still keeping to the fundamental rules of transparency

and fairness. Recital 29 includes the comment “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”. It adds “The

technical specifications should be clearly indicated, so that all tenderers know

what the requirements established by the contracting authority cover”. In other

words, it is not sufficient to require that the items must be accessible in some form

or other; the manner of achieving this accessibility must be specified in a way that

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allows the tenderer to prove compliance. Recitals are not binding, but the Articles

of a Directive are. Article 23 requires technical specifications to be set out in the

contract documents, and includes the wording “Whenever possible, these technical

specifications should be defined so as to take into account accessibility criteria for

people with disabilities or design for all users”. This is expanded in an Annex,

which deals with the way in which technical specifications define the

characteristics required in the purchased items; among the listed types of

characteristics are “design for all requirements (including accessibility for persons

with a disability) and conformity assessment”.

With this new Directive it will be possible to use accessibility criteria in public

procurement even where accessible features are not immediately essential to the

purchaser’s objective. But in order to do this, there will need to be appropriate

European standards which set out the criteria unambiguously and include tests for

conformity. Developing these will entail dealing with the same issues that have

been described in previous sections. The Commission has published a mandate to

the European Standards bodies in order to urge this work forward, but there are

no doubts as to the magnitude of the task .

Mandate M/376 requests CEN, CENELEC and ETSI to develop European

accessibility requirements for public procurement of products and services in the

ICT domain. The main objectives of the Mandate are:

• to harmonize and facilitate the public procurement of accessible ICT

products and services by identifying a set of functional European accessibility

requirements for public procurement of products and services in the ICT

domain, and

• to provide a mechanism through which the public procurers have access to

an electronic toolkit, enabling them to make use of these harmonized

requirements in procurement process.

It is hoped that some drafts can be available in 2008. There will be involvement by

key stakeholder groups including disability organisations and close cooperation on

an international level with other standards bodies. This should give an opportunity

for comparison with the U.S. Section 508 Accessibility Guidelines, which are to be

reviewed in 2007.

It is especially important with public procurement standards that the tenderer is

able to know, at the time that the bid is submitted, whether the offering meets the

technical conditions of contract. Transparency rules prohibit a public purchaser

from lining up the submitted items and making a subjective choice, or even a

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choice based upon the outcome of a user evaluation. The conformity tests to which

the offerings will be subjected must be described in the tender invitation, and they

must be capable of replication in any test situation or laboratory. This places further

demands upon the Standards writers to produce precise objective criteria that are

capable of independent conformity verification.

Several European public procurement authorities have already been considering

how to address accessibility issues in their tendering and some have successfully

introduced their own sets of accessibility criteria but, in the absence of harmonized

European Standards, these criteria have to be approved case by case through a

process involving consultation with all the EU Member States. It is clear that a set

of appropriate European Standards, that can be simply called up in any invitation

to tender, has to be available before public procurement can become a really

effective lever in promoting more accessible products.

Verification and Certification

Wherever conformity to a Standard is required or claimed, there is necessarily a

procedure for verifying that conformity. The supplier may carry out his own

assessment, using the test procedure laid down in the Standard, or an independent

body may perform the testing. In EU legislation, only the most critical or potentially

dangerous products have to be tested by an independent approved test house. For

most items, a self-certification by the manufacturer or supplier is considered

adequate, and this form of certification will usually form a part of the Declaration

of Conformity that is obligatory in the Single Market Directives (leading to the

application of the CE mark). Self-certification is not an easy option. The supplier

will be guilty of making a false trade description if the claimed compliance is found

to be unwarranted, and the penalties can be severe, especially if compliance is a

legal requirement, for example as part of a Directive or a condition of contract.

With independent testing, it is the test house which is liable if the report is in error.

For this reason, many suppliers will use an independent test house rather than their

own test facility in order to achieve greater confidence in the outcome.

Mostly, however, conformity with accessibility criteria is not a legal obligation in

the EU, and sanctions are only likely to apply if a false claim is made by a supplier

in the course of trade. A supplier may make a very non-specific claim as to the

accessibility of his offerings, without referring to any particular Standard, or no

claim at all, so that disappointed users would have no redress – and no

information as to which products on the market might suit their particular needs.

In these circumstances, users have to rely upon post-market testing by evaluation

organisations, that is to say surveys and test reports aimed at giving independent

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information to consumers. The procedures here are very different from formal

conformity assessment. The evaluators are free to use whatever evaluation

protocols they consider appropriate, and will often recruit panels of users to carry

out actual or simulated ‘real life’ assessments of the products. The evaluation body

may even award its own certification mark to products that perform well, but this

is for the information of potential users and has no legal status. For as long as

formal accessibility standards are embryonic, however, there will be a possibility

that post-market evaluation of this kind is more effective than reliance upon the

standards. In other words, the standards themselves need to be tested.

Quality Standards

There is an extensive and well-established set of European and International

Standards dealing with quality. Quality, like accessibility, is not a fixed quantity; a

product or a service may be intended to have a particular quality level. The object

of quality assessment (or quality assurance) is to ensure consistent quality at the

desired level. Quality approvals are given to suppliers by registration bodies, who

periodically audit the in-house procedures operated by those suppliers to ensure

that they are both robust and fully observed. This process could be applied to a

supplier’s approach to accessibility issues, for example by writing an accessibility

assessment section into the Design Manual and the Production Manual. The same

results could be obtained from a quite separate registration system, but this may

be superfluous if an Accessibility Guide could be drafted for inclusion in the already

familiar structure.

5.1.3 Conclusion

The thrust of European Regulation in the ICT sector has been primarily to support

the principles of the Single Market and to recognise the contribution of this sector

to the European economy. Consumer protection elements have concentrated upon

privacy and confidentiality matters, with some acknowledgement of public service

issues such as universal service in telecommunications. However, the latter has

tended to centre upon legacy notions of fixed line telephony practice and little

heed has been paid to newer technologies which have been rolled out unevenly

across the EU Member States. Liberalization of the former state monopoly

networks has created a division between networks and terminal provision, such

that the market for terminal equipment is now driven almost entirely by market

forces. The regulatory regimes are chiefly concerned with the avoidance of anti-

competitive practices and, while the commercial freedoms have encouraged a

vigorous development of new and attractive services, those consumers who are not

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well served by the forces of a highly competitive and innovative market have little

protection. Chief amongst these disadvantaged consumers are those disabled and

elderly people who have little economic power and consequently find that their

needs go unheeded. The future trends in regulation are now being determined but

it seems that the ultimate direction is likely to be one of less regulation to suit a

global market-place, rather than one of more regulatory control over the EU’s

internal market.

If this is to be the scenario, it poses the question of how best to protect the

interests of disadvantaged users without hampering innovation and investment.

Horizontal anti-discrimination legislation would be one approach but it would

appear that the expanding EU Community is not yet ready for this. An extended

and up-dated concept of universal service would be another; the EU has plans to

look at this in 2007. Writing specific requirements into existing Directives, as they

come due for review and revision, would also be possible but the scope is limited

because of the diversity of needs and the necessity of keeping the basic types of

legislation technologically-neutral and future-proofed.

A quite different approach – which is not mutually exclusive – is to make use of

other forms of leverage which could influence the attitude of commerce and

industry towards disadvantaged consumers. Awareness of needs and business

opportunities is one such. The population size is considerable and although there

is a great range of needs – not to be met in a single action – there is potential for

a growth in market share with relatively small changes in design concepts. The

Inclusive Design/Design for All approach is based upon this notion, with a gradual

– not a sudden – expansion of the target user base until, with repetition, a much

larger segment of the general population is catered for.

The effective use of standards is crucial to such approaches. Even where standards

are voluntary, it is usually in the best interests of manufacturers and suppliers to

comply with them rather than seek to support their product claims by other means.

In public procurement contracts, standards take on a legal significance that can

influence a supplier’s attitude towards serving his other customers. The inclusion of

Inclusive Design/Design for All principles in a whole range of standards should

become as commonplace as reference to quality standards. The scope is enormous

and so is the task, for there is need of many more standards that take account of

accessibility needs of people with a disability in the ICT sector. However, there are

many bodies worldwide that are giving serious attention to this task and, with co-

operation, a raft of European Standards that could support and complement

regulation will eventually appear. Not least, standards are an important force in

industry and trade, which is why these sectors are actively involved in preparing

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them. Causing the Standards Organisations to take a pro-active role in looking at

accessibility issues for people with a disability will automatically engage the

industry bodies.

There is good reason to believe that this process has not only begun but is

gathering momentum.

Acknowledgments

The author wishes to acknowledge the help and support from the following

persons who contributed in the development of this chapter: Gunela Astbrink,

Hajime Yamada, Gregg Vanderheiden, Jim Tobias, Erkki Kemppainen, Robert Hecht

and Jan Engelen.

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5.2 eAccessibility: European developments and targets

Ima Placencia

5.2.1 Introduction

We live in an information society. Information and Communication Technologies

(ICT) permeate almost every aspect of our lives. They can be powerful tools for

bringing people together, adding new value to life and creating new wealth,

health, welfare, making for a richer and more rewarding professional and social

life.

However, in Europe (and elsewhere) millions of people cannot fully reap these

benefits and a significant percentage are effectively cut off from them: today,

people with disabilities are estimated to make up close to 15% of the European

population or 90 million people. Many of them encounter barriers when trying to

use ICT products and services. In fact it is difficult to imagine how people with

disabilities would be able to enjoy their fundamental rights when accessibility to

ICT is not a reality.

The prevalence of both disabilities and other minor functional limitations is

strongly related to age. It is estimated that 45% of those persons above 75 years

of age are impaired in one way or another in their daily life. The ongoing

demographic shift in Europe, as a result among others of a greater life expectancy,

will cause a noticeable increase in these numbers over the coming years -- 18% of

the European population was aged over 60 in 1990, while for 2030 that

percentage is expected to rise to 30%.

Accessible (ICT) can improve the quality of life of people with disabilities

significantly.

The European Commission has the ambitious objective of achieving an Information

Society for All. This means overcoming the barriers that technology creates for

people with disabilities, elderly people and many other users. The Commission

wants to ensure an inclusive digital society that provides opportunities for all and

minimises the risk of social exclusion.

To achieve the goal of developing such an Information Society for all it is necessary

to pay attention to groups at risk of exclusion because of accessibility problems,

namely to people with disabilities and in certain cases older persons, who form a

large group that represents about 20% of the population in Europe.

* Disclaimer: The views expressed in this article are those of the author and do not necessarily reflect the official European Commission’s view on the subject

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5.2.2 The eAccessibility Communication

The Community relevance of this subject is well reflected in the initiative launched

in 2005 that is called “i2010 – A European Information Society for growth and

employment”. The i2010 initiative presents a new strategic framework and broad

policy orientations to promote an open and competitive digital economy,

emphasising (ICT) as a driver of inclusion and quality of life. One of the 3 pillars of

the i2010 initiative is intended to develop “An Information Society that is inclusive

provides high quality public services and promotes quality of life”.

In order to raise the visibility and provide policy guidance on these issues the

Commis