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E-Accessibility in Germany: acts and ordinances, outcome of benchmarking and activities

E-Accessibility in Germany: acts and ordinances, outcome of benchmarking and activities. Policies and Legislations in favour of e-accessibility in Europe, Nice, March 27.+28. 2003 Rainer Wallbruch. Background. Since 1995 guidelines on barrier free Internet design on FTB homepage

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E-Accessibility in Germany: acts and ordinances, outcome of benchmarking and activities

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  1. E-Accessibility in Germany: acts and ordinances, outcome of benchmarking and activities Policies and Legislations in favour of e-accessibility in Europe, Nice, March 27.+28. 2003 Rainer Wallbruch

  2. Background

  3. Since 1995 guidelines on barrier free Internet design on FTB homepage FTB dept. Universal Design e-Accessibility delegate Background www.ftb-net.de www.universelles -design.de www.abi-projekt.de wob11.de

  4. 1994 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 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 Act on Equal Opportunities for Disabled (BGG) Different Ordinances (BITV, VBD, KHV and others) Medical Model Social Model Steps in German Legislation Participation Change of Paradigm

  5. Labour + REHA Public Sector Private Sector GermanLegislative Framework Anti Discrimination clause in the constitution Art.3 (3) BGG(Act on Equal Opportunities for Disabled) SchwbBAG SGB IX BITVOrdinance

  6. 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 Bundesbehinderten-gleichstellungsgesetz

  7. 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 BGG (2)

  8. 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 1a - Art 54: Changes of other laws Art 55/56 Final instruction and enactement BGG (3)

  9. Enacted: generally May, 1, 2002 (Artikel 1a, 2 and 3 1.1. 2003) Subsequent decrees until 3 moths after enactment (hence end of July 2002) BGG (4)

  10. Barrier free Access Barrier free are infrastructures and devices if they are normally accessible and usable for by people with disabilities .

  11. Barrier free Access Barrier free are built and other constructions, transportation, technical equipment, systems for information processing, audio and visual information sources and communication facilities and other built living environments, infrastructures and devices if they are - as usual, - without significant increase of difficulty - and in principle without assistance normally accessible and usable for by people with disabilities .

  12. 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 Agreements with commercial providers by established (certified) user organisations can force negotiations agreements will be registered BGG § 11Barrierfree Information Technology

  13. In force since 24. 7. 2002 relates to WAI Content Guidelines 1.0 English version:http://www.bmgs.bund.de/eng/gra/sicherheit/index_3562.cfm In html with links to glossary, explanation and WAI (in German):http://wob11.de/gesetze/a_bitv.html BITV

  14. 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) BITV --> Requirements -> Prioritised Conditions --> Comformance Levels Conformance I I + II

  15. 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 Differences between BITV and WCAG 1.0

  16. New Sites (and substantial relaunches) BITV P I (WAI-P1 + WAI-P2, 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-P1 + P2 + P3, also AAA). BITV Standards for Sites of Federal Authorities

  17. For the first time with BITV a standard for barrier free internet in Germany is accepted public sector federal government Landesgleichstellungsgesetzte -> States, municipalities companies in the public sector (public transportation, energy etc.) public funded cultural and scientific institutions socially orientiented companies (social insurance, social associations, self-help organisations, charity, health care) Enterprises with „Corporate Social Responsibility“ Impact ofBGG and BITV

  18. In force before BGG Berlin (17.05.1999) Sachsen-Anhalt (20.11.2001) Drafts Baden-Württemberg § 10 Hamburg § 7 Mecklenburg-Vorpommern Niedersachsen § 11 Thüringen 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 State Legislation (LGGs) • New LGGs follow BGG. • Barrierfree Information Technology included. • To be applied on state level including municipalities, examples:

  19. Implementation of BITV (support, training) Private sector (targeted agreements) Update W3C official translation of new guidelines Benchmarking Challenges Ahead

  20. 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 formshave to be barrierfree for blind and visually impaired: in a written (large print, high contrast, braille), electronic (BITV), acoustical, oral (read) or other form 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 Other Ordinancesin Accordance with the Act on Equal Opportunities for Disabled Persons

  21. Aktionsbündnis barrierefreie Informationstechnik Alliance for barrierfree Information Technology in Germany The project: http://www.abi-projekt.de The help site: http://wob11.de Both sites in German language

  22. Objectives: 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

  23. Start: 1.9.2002 3 Mitglieder (members): project consortium 8 Partner (partners): consensus building 41 Unterstützer (supporters): net of supporters further organisations are invited to join Project information: http://www.abi-projekt.de Web ohne Barrieren Portal: http://wob11.de supported by BMGS Numbers as to 5.2003

  24. Members and Partners

  25. Supporters

  26. Test of Websites Advice and hands-on seminars Training and information events Comprehensive online information: http://wob11.de Networking and Harmonisation Public relations Benchmarking study Support to user NGOs Portfolio

  27. Public sector with web-presentation (private sector with web-presentation) Web designer and software developers CD-ROM-presenters and developers Employers and company based worker unions Target Audience

  28. Pre-tests (short analysis) and basic advice Comprehensive tests and analysis Comprehensive test reporting Design Support for new sites Basis for test and advice: BGG § 11 - BITV Qualified advice teams Advice Portfolio of the Partners

  29. study of public websites taking up the requirements and recommendations of the eAccessibility 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) Benchmarking

  30. Sample: 60 Sites have been selected nearly half federal authorities (34 pages) andhalf 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 Benchmarking II

  31. 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) Benchmarking Results

  32. 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 Benchmarking Results II

  33. Discussion: 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 missedso that many small mistakes lead to an inferior result than in 2002 due to the sensitive test method Benchmarking Results III

  34. 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 / WCAGincluded criteria within 200 test steps: BITV, WCAG 1.0, WCAG 2.0, ISO/TS 16071, ILSMH (guideline for simple language), TechDis (guideline dyslexia), NCAM SALT (guideline for barrierfree E-Learning) Public area:BIENE-award

  35. E-Commerce E-Government Media Culture and society Science and research 3 special prises Public area:BIENE-award categories

  36. 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 eAccessibility to a federal website (styleguide of the German Federal Armed Forces) Indication for: problem awareness is grown up also in general public Public area:BIENE-award

  37. Barrier free Internet for all types of disabilities Barrier free Internet as Design-Process Coherent Standard for barrier free Internet onFederal 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-to-signing translator) Challenges Today and for the Future

  38. 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 Contact www.ftb-net.de wob11.de www.universelles-design.de

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