Legal Basis

In many EU Member States, special programmes are being implemented to speed up the process of adjusting websites to the needs of the disabled. Relevant actions have been undertaken in France, Germany, Spain and other countries.

Adjustment of websites for the disabled may become an obligation and we should be prepared for such situation, especially given that the European Commission has already initiated work on legislation concerning equal access to websites.

In her address, Viviane Reding (Commissioner for Information Society and Media) stated that "We cannot achieve the Single Market by leaving aside certain parts of our population. What she meant was e-accessibility. According to European Commission’s data, 15% of the Old Continent’s population are disabled".

Providing the disabled with access to the Internet is one of the elements of the combat against discrimination.
Declarations of political will are visible in the provisions of the most important legislative acts. In the Constitution of the Republic of Poland, a relevant norm is included in Article 23, pursuant to which:
"1. All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities.
 2. No one shall be discriminated against in political, social or economic life for any reason whatsoever (...)."

Cross-national and international organisations are also involved in combating discrimination. A fundamental legislative act of the European Union, the Charter of Fundamental Rights, refers directly to combating discrimination of the disabled.

Pursuant to Article 21 of the Charter, "Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority property, birth, disability, age or sexual orientation shall be prohibited. (…)"

Article 26 provides: "(…) The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community."

Companies, organisations and institutions are paying more and more attention to equal access to websites. We stand a chance to make the provisions of the eEurope Action Plan (Council Resolution of 25 March 2002, 2002/C 86/02) become ever-present in the Internet. The eEurope Action Plan described, among others, website developing guidelines that are aimed at providing the disabled with wide access to websites (both public and private) in order to enable closer integration within the information society.