A Revaluation of the Cultural Dimension of Disability Policy in the European Union: The Impact of Digitization and Web Accessibility

Abstract

Reflecting the commitments undertaken by the EU through the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Disability Strategy 2010-2020 not only gives a prominent position to accessibility, broadly interpreted, but also suggests an examination of the obligations for access to cultural goods and services. The European Disability Strategy 2010-2020 expressly acknowledges that EU action will support national activities to make sports, leisure, cultural and recreational organizations and activities accessible, and use the possibilities for copyright exceptions in the Directive 2001/29/EC (Infosoc Directive). This article discusses to what extent the EU has realized the principle of accessibility and the right to access cultural goods and services envisaged in the UNCRPD. Previous research has yet to explore how web accessibility and digitization interact with the cultural dimension of disability policy in the European Union. This examination attempts to fill this gap by discussing to what extent the European Union has put this cultural dimension into effect and how web accessibility policies and the digitization of cultural materials influence these efforts.

From Culture to Smart Culture. How Digital Transformations Enhance Citizens’ Well-Being Through Better Cultural Accessibility and Inclusion

“…In addition to UNESCO's Universal Declaration on Cultural Diversity (2001) [2] and Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) [3], the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the European Disability Strategy 2010-2020 both argue for cultural accessibility, which is mainly seen as a set of obligations to ensure access to cultural goods and services [65]. Hence, the need to prioritize actions that enable the transition towards smart and inclusive culture is urgent.…”

Auditing Web accessibility: The role of interest organizations in promoting compliance through certification

“…The other collection, which was published in 2014 by the journal Behavioral Science and the Law, included a collection of interdisciplinary articles on "Disability, law and public policy, and the world wide web". The collection's authors examined web accessibility outcomes in relation to social inclusion (Schreuer, Keter, & Sachs, 2014;Treviranus, 2014), and in addition, investigated web accessibility law and policy including implications for a right to the web (Blanck, 2014c), a right to culture (Ferri & Giannoumis, 2014), and the legal obligations of standards (Giannoumis, 2014). In the introduction to the collection, Blanck (2014b, p. 2) states that the articles "reflect a variety of conceptual, disciplinary, legal, and empirical approaches to disability, law and policy, and the web".…”

“…The author argues that case law in the US has recognized a right to the web "as the objective and comparable opportunity to use web content in ways reasonable under the circumstances" (p. 7). In a related article, Ferri and Giannoumis (2014) relate web accessibility to a right to culture by exploring "how web accessibility and information digitization further the cultural dimensions of disability policy in the EU" (Blanck, 2014b). Finally, Giannoumis (2014) relates web accessibility to legal obligations for standards by examining how "national policy traditions regarding disability anti-discrimination legislation critically mediate legal approaches to web [accessibility] standards … in the United Kingdom and Norway" (Blanck, 2014b).…”

“…In the area most closely related to the topic of this dissertation, research in web accessibility has examined web accessibility law and policy (Bertot, Jaeger, & Hansen, 2012;Blanck, 2014a;Easton, 2012Easton, , 2013aEaston, , 2013bJaeger, 2004aJaeger, , 2004bNoble, 2002;Rubaii-Barrett & Wise, 2008;Schaefer, 2003;Wall & Sarver, 2003;Wentz, Jaeger, & Lazar, 2011). For example, research has begun to examine the policy instruments that aim to provide social services and financial and information resources related to web accessibility (Ferri, 2015a(Ferri, , 2015bFerri & Giannoumis, 2014;Halvorsen, 2010). In a more developed strand of the literature, legal scholars and other scientists have investigated the legal basis for and disputes around web accessibility (Blanck, 2014a;Easton, 2012Easton, , 2013aEaston, , 2013bNoble, 2002;Schaefer, 2003;Wentz et al, 2011).…”

Self-Regulation and the Legitimacy of Voluntary Procedural Standards

“…However, the fragmentation of international copyright laws has limited the legal reproduction and distribution of accessible copyrighted content. In response, the World Intellectual Property Organization has promoted an international treaty to facilitate access to published works, including web content, by visually impaired persons and persons with print disabilities (Ferri & Giannoumis, 2014; Rekas, 2013). While not the focus of this article, the interaction of copyright and accessibility provides a useful framework for understanding the broader implications of a right to the web for persons with disabilities.…”