EAccessibility in Germany acts and ordinances outcome of
E-Accessibility in Germany: acts and ordinances, outcome of benchmarking and activities Policies and Legislations in favour of eaccessibility in Europe, Nice, March 27. +28. 2003 Rainer Wallbruch © FTB, 2005
Background © FTB, 2005
Background l Since 1995 guidelines on barrier www. ftb-net. de free Internet design on FTB homepage www. universelles l FTB dept. Universal Design -design. de l e-Accessibility delegate l www. abi-projekt. de wob 11. de © FTB, 2005
Steps in German Legislation 1994 l In Basic Constitutional Law added (Grundgesetz article 3, paragraph 3) : – "It is not allowed to put someone at a disadvantage because of his/her disability. " 2001 l Code of Social Law, SGB IX, changed: Rehabilitation and Participation of Disabled People – arrangement of rights governed by social law – Self-determination: participation instead of rehabilitational integration 2002 l Act on Equal Opportunities for Disabled (BGG) l Different Ordinances (BITV, VBD, KHV and others) Medical Model Social Model Participation Change of Paradigm © FTB, 2005
German Legislative Framework Anti Discrimination clause in the constitution Art. 3 (3) Private Sector Labour + REHA Schwb. BAG SGB IX Public Sector BGG (Act on Equal Opportunities for Disabled) BITV Ordinance © FTB, 2005
Bundesbehindertengleichstellungsgesetz Art 1, Section 1: general requirements § 1 Objective: remove discrimination, facilitate equal participation and independent living § 2 Women with disabilities: equal rights § 3 Disability: Definition (SGBIX) § 4 Barrier free access: Definition § 5 Targeted Agreements: Instrument § 6 Sign language and other alternative means for communication © FTB, 2005
BGG (2) Art 1, Section 2: Obligation for equal treatment and barrier free access § 7 Objective: Anti-discrimination in interaction with public administration/ authorities (Federal Level) § 8 Barrier free building and transportation § 9 Sign language and communication aids § 10 printed official information and forms § 11 Barrier free Information Technology © FTB, 2005
BGG (3) Art 1, Section 3: Legal measures § 12/13 court representation and right of user organisations to take to court Art 1, Section 4: Representative (counsellor)of the Federal Government for disability issues § 14/15 Role and tasks of the representative Art 1 a - Art 54: Changes of other laws Art 55/56 Final instruction and enactement © FTB, 2005
BGG (4) Enacted: generally May, 1, 2002 (Artikel 1 a, 2 and 3 1. 1. 2003) Subsequent decrees until 3 moths after enactment (hence end of July 2002) © FTB, 2005
Barrier free Access Barrier free are infrastructures and devices if they are normally accessible and usable for by people with disabilities. © FTB, 2005
Barrier free Access Barrier free are infrastructures and devices built and other constructions, transportation, technical equipment, systems for information processing, audio and visual information sources and communication facilities and other built living environments, if they are - as usual, - without significant increase of difficulty normally - and in principle without assistance accessible and usable for by people with disabilities. © FTB, 2005
BGG § 11 Barrierfree Information Technology l Public sector (federal level) implements step by step – Internet presentations (including publicly available Intranet) and graphical user interfaces – According to the decree BITV: Enactment of BITV 24. 7. 2002 l Agreements with commercial providers – by established (certified) user organisations – can force negotiations – agreements will be registered © FTB, 2005
BITV In force since 24. 7. 2002 l relates to WAI Content Guidelines 1. 0 – English version: l http: //www. bmgs. bund. de/eng/gra/sicherheit/index_3562. cfm – In html with links to glossary, explanation and WAI (in German): http: //wob 11. de/gesetze/a_bitv. html © FTB, 2005
BITV --> Requirements -> Prioritised Conditions --> Comformance Levels Checkpoints in 2 Priorities Priority I, basic requirement removes significant Barriers, mandatory (= WAI priority 1+2, A + AA) Priority II simplifies access, for central navigation sites (= WAI priority 3, AAA) Conformance I I + II © FTB, 2005
Differences between BITV and WCAG 1. 0 l BITV to a great extend is a translation of WCAG 1. 0 guidelines and checkpoints except: – German condition 2. 3 (PII) is not a checkpoint in WCAG 1. 0 • contrast not only for pictures (PI) but also for text (PII) (WCAG 1. 0: both in 2. 2) – German condition 11. 3 (PI) corresponds with WCAG 1. 0 checkpoint 11. 4 • if an accessible page is not possible provide a link to an alternative page – German condition 11. 4 (PII) corresponds with WCAG 1. 0 checkpoint 11. 3 • documents according to users preferences © FTB, 2005
BITV Standards for Sites of Federal Authorities New Sites (and substantial relaunches) BITV P I (WAI-P 1 + WAI-P 2, hence Conformance AA). One Access path BITV PI, immediately Existing Sites for updated sites BITV PI (2005) (for special info for people with disabilities 2003) Central entrance and navigation sites BITV PI and PII (WAI -P 1 + P 2 + P 3, also AAA). © FTB, 2005
Impact of BGG and BITV For the first time with BITV a standard for barrier free internet in Germany is accepted å å l public sector Ø federal government Ø Landesgleichstellungsgesetzte -> States, municipalities companies in the public sector (public transportation, energy etc. ) public funded cultural and scientific institutions socially oriented companies (social insurance, social associations, self-help organisations, charity, health care) Enterprises with „Corporate Social Responsibility“ © FTB, 2005
State Legislation (LGGs) Ø New LGGs follow BGG. Ø Barrierfree Information Technology included. Ø To be applied on state level including municipalities, examples: l In force – Bayern (09. 07. 2003) § 13 – Brandenburg (24. 05. 2004) § 9 – Bremen (09. 12. 2003) § 9 – Hessen (20. 12. 2004) § 7 – NRW (11. 12. 2003) § 10 – Rheinland-Pfalz (31. 12. 2002) § 7 – Saarland (26. 11. 2003) § 8 – Sachsen (29. 042004) § 7 – Schleswig-Holstein (21. 12. 2002) § 12 l In force before BGG – Berlin (17. 05. 1999) – Sachsen-Anhalt (20. 11. 2001) l Drafts – – – Baden-Württemberg § 10 Hamburg § 7 Mecklenburg-Vorpommern Niedersachsen § 11 Thüringen © FTB, 2005
Challenges Ahead l. Implementation of BITV (support, training) l. Private sector (targeted agreements) l. Update l. W 3 C official translation of new guidelines l. Benchmarking © FTB, 2005
Other Ordinances in Accordance with the Act on Equal Opportunities for Disabled Persons l Ordinance on Making Documents Accessible to Blind and Visually Impaired Persons in Administrative Procedures (VBD) – Related to BGG § 10 – Official notes, public legal contracts and forms have to be barrierfree for blind and visually impaired: • in a written (large print, high contrast, braille), electronic (BITV), acoustical, oral (read) or other form l Ordinance on the Use of Sign Language and Other Communication Aids in Administrative Procedures (KHV) – Related to BGG § 9 – Right to have an interpreter (for sign language and other forms) for administrative acts © FTB, 2005
Aktionsbündnis barrierefreie Informationstechnik Alliance for barrierfree Information Technology in Germany The project: http: //www. abi-projekt. de The help site: http: //wob 11. de Both sites in German language © FTB, 2005
Objectives: l l l barrierfree Internet in Germany with special focus on labour related content consideration of all types of disability Co-operation of all interested parties Harmonisation and quality assurance Awareness and support of the implementation © FTB, 2005
supported by BMGS Start: 1. 9. 2002 l 3 Mitglieder (members): 8 Partner (partners): 41 Unterstützer (supporters): l further organisations are invited to join l l project consortium consensus building net of supporters Project information: http: //www. abi-projekt. de Web ohne Barrieren Portal: http: //wob 11. de Numbers as to 5. 2003 © FTB, 2005
Members and Partners © FTB, 2005
Supporters © FTB, 2005
Portfolio l l l l Test of Websites Advice and hands-on seminars Training and information events Comprehensive online information: http: //wob 11. de Networking and Harmonisation Public relations Benchmarking study Support to user NGOs © FTB, 2005
Target Audience l Public sector with web-presentation l (private sector with webpresentation) l Web designer and software developers l CD-ROM-presenters and developers l Employers and company based worker unions © FTB, 2005
Advice Portfolio of the Partners l Pre-tests (short analysis) and basic advice l Comprehensive tests and analysis l Comprehensive test reporting l Design Support for new sites Basis for test and advice: BGG § 11 - BITV Qualified advice teams © FTB, 2005
Benchmarking l l l study of public websites taking up the requirements and recommendations of the e. Accessibility group to produce comparable benchmarks in the European Member States data have been collected in – December 2002, where the BITV decree was in force for 6 months – December 2003 – December 2004 (still in evaluation) © FTB, 2005
Benchmarking II l l l Sample: 60 Sites have been selected – nearly half federal authorities (34 pages) and half states an cities/ municipalities (26 pages) basis for the tests have been the German BITV and WAI WCAG 1. 0 test battery: – different semiautomatic tools – expert tests © FTB, 2005
Benchmarking Results l 2002: – None of the pages met BITV Priority I (WAI AA) (1 actually did one day, lost it the next day due to updates) – 2 of the pages met WAI A – 16 of the 60 pages have been very close to AA, but significant barriers remaining – Indication, that the legislation takes effect: • Out of the 16 pages 13 have been from federal authorities, for who the BITV is mandatory. (Note: The BITV requires only new sites to conform immediately, others by the end of 2005, content dedicated to people with disabilities by the end of 2003) © FTB, 2005
Benchmarking Results II l 2003: – None of the pages met BITV Priority I (WAI AA) – 5 of the pages nearly met WAI A and a lot of AA-checkpoints but significant barriers remaining – 4 of the 5 pages have been from federal authorities – Indication, that the legislation takes effect: • Among the 10 best pages 8 have been from federal authorities (federal in total = 34, ) • Among the 30 best pages 25 have been from federal authorities © FTB, 2005
Benchmarking Results III Discussion: l l l Same test method used for both surveys Method is very sensitive to deviation from BITV and registers even small mistakes In 2003 more federal pages show a dealing with „barrierfree webdesign“ and steps for realisation than in 2002 but: – Evidently concepts for sustainability are missed so that many small mistakes lead to an inferior result than in 2002 due to the sensitive test method © FTB, 2005
Public area: BIENE-award l l Approach: German award for barrierfree websites (done by 2 foundations: Aktion Mensch and Stiftung Digitale -Chancen) BIENE: Barrierefreies Internet eröffnet neue Einsichten (Barrierfree internet opens up new understanding) – Not only focussed on federal sites – Not only focussed on BITV / WCAG included criteria within 200 test steps: • BITV, WCAG 1. 0, WCAG 2. 0, ISO/TS 16071, ILSMH (guideline for simple language), Tech. Dis (guideline dyslexia), NCAM SALT (guideline for barrierfree E-Learning) © FTB, 2005
Public area: BIENE-award categories l l l E-Commerce E-Government Media Culture and society Science and research 3 special prises © FTB, 2005
Public area: BIENE-award l l l 2003: – 173 applications, 61 after first exclusion test, 16 nominated 2004: – more than 230 applications, 100 after first exclusion test (same as 1 year ago), 25 nominated Differences and Outcome: – Reported: quality of applications on a substantial higher level than 2003 – Special prise for enhancing e. Accessibility to a federal website (styleguide of the German Federal Armed Forces) – Indication for: problem awareness is grown up also in general public © FTB, 2005
Challenges Today and for the Future l l l l Barrier free Internet for all types of disabilities Barrier free Internet as Design-Process Coherent Standard for barrier free Internet on Federal and state level, international Unified testing of barrier free Internet Barrier free Internet in the private sector Keeping up to date BITV New Assistive Technology (e. g. Text-tosigning translator) © FTB, 2005
Contact Rainer Wallbruch rw@ftb-volmarstein. de Telefon: +49 (0) 2 33 5 / 96 81 -10 Telefax: +49 (0) 2 33 5 / 96 81 -19 Grundschöttelerstr. 40 58300 Wetter www. ftb-net. de wob 11. de www. universelles-design. de © FTB, 2005
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