Norwegian Social Research

Digital freedom for persons with disabilities: social regulation and

redistribution in Europe and the US

Dr Rune Halvorsen

Norwegian Social Research

Digital freedom for persons with disabilities • Today accessibility and availability of information and

communication technology (ICT) is indispensable for people to participate as full members of society

• The expanding use of ICT creates new opportunities for persons with disabilities in education and employment, and may reduce barriers to participation in everyday life• persons with dyslexia or visual impairments may have text

converted to speech • people may participate in cyberinfrastructure-enabled

learning environments

• Often persons with disabilities have not benefited from innovation and use of the technology

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Digital freedom in Europe vs US• Available data suggest that Europe is lagging behind

the US in e-accessibility achievements• European governments generally pay uneven

attention to accessibility across the spectrum of technologies.

• Data suggest that the e-accessibility situation is better in countries with strong social regulation• Policies aiming at influencing the functioning of the market

with a view to promoting social objectives

• The US government has adopted a large repertoire of statutory social regulations to promote accessibility to goods and services, accommodation at the work place and in public procurement

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Digital freedom in Europe vs US (cont.) • Poverty or limited economic resources are more likely

to impact the availability of ICT to persons with disabilities in the US than in Europe.

• The lack of availability is related to the more residual character of social support in cash and in kind in the US compared to Europe.

• European countries have developed relatively generous national systems for the distribution of assistive technology, and the provision of practical assistance, education and economic support. • But have been reluctant to adopt social and especially legal

regulations that would impose obligations on business and industry.

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The evolving human rights approach to disability

• In 2006 the United Nations adopted a “Convention on the rights of persons with disabilities” (CRPD) which covers both proscriptions against unfair treatment and substantive rights.

• Require States to think strategically about accessibility and accommodation for persons with disabilities in all areas of life

• The UN convention may be seen as a moral compass for the development of disability protection systems world wide, independent of whether the Member States have ratified it or not.

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Accessibility - a key general principles of the Convention

• “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. (…)” (CRPD, Art. 9.1.)

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Different strategies for achieving accessibility in practice

• Universal design: designing environments, facilities, products and services to make them usable by all people, to the greatest extent possible and hence to minimize the need for particular adaptations or special designs (Art 2, Art 4 point f).

• Reasonable accommodation: necessary and appropriate modifications or adjustments of social environments to meet the needs of individuals with disabilities (Art 2, Art 5 point 23, Art 24 point 2 c, Art 27 point i)

• Usability: whether the facilities, products or services a person with disabilities have access to, fully serve the purposes or functions they are meant to serve (Art. 2)

• Availability: whether the products, facilities or services we talk about actually exist and are relevant for the lives of persons with disabilities or whether such products, facilities and services are unavailable to economic or other reasons (Art 4 point f & g, Art. 9 point f, Art 26 point 39)

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More about availability• The functioning of the market;

• is the market of a sufficient scale or geographical extension to offer products and services (e.g. assistive technology in education and learning platforms) at affordable prices?

• The scope of employer provisions; • if the person with disability is employed does the employer

provide such products and services?

• The scope of non-market provisions; • do public and/or non-governmental agencies offer financial

support or vouchers for acquiring the products and services, or provide such products and services for free or for loan?

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More about availability (cont.)• The financial situation of persons with

disabilities: • Do all persons with disabilities enjoy a level of

income or purchasing power that allows them to buy the product or service?

• The answer depends on • whether the person is employed, and if so, at what wage

level, • and if not, whether he or she can benefit from public

cash transfer arrangements, or can receive support from family or others.

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Implementation of the accessibility provisions in the UN Convention

• States have different conditions and points of departure for realizing full accessibility• The way forward to achieve full accessibility will

take many forms

• Will take time and resources and commitment by every UN member state

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Concluding remarks I• Several European countries have since the mid

1990s adopted more social regulations – partly in response to the policy developments in the EU and the UN and policy learning from the US

• Need the best from both the US and the European approach to advance in opportunities for participation and independent living for persons with disabilities

• Need to move away from binary thinking about social policy and markets

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Concluding remarks II• This yields a threefold policy prescription:

• Reengineer disability protection services and programmes to enable a life of choice, independent living and participation in mainstream society

• Enact non-discrimination law and policy to prevent discriminatory attitudes, behaviour and stereotypes in both public and private sector

• Use market regulation tools to force open more space for difference to the advantage of the individual and also to the advantage of society