Universal design in The Anti-discrimination and Accessibilty Act

By Elin Rønningen, Senior AdviserDublin 04.06.2010

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Background - development

• Gender equality Act 1979• European union Directives – 2000/78/EF • 2003-2005 Law commission disability discrim.• 2006 – one singel Ombud/Tribunal• UN-convention of the rights of persons with

disabilities. • Trends - from Social- Care – to a human right and

inclusion strategy, - Anti-discrimination plays an important role.

• 2009 A comprehensive Anti-Discrimination Act

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The Anti-Discrimination and Accessibility Act

• Approved in June 2008, in force 1. January 2009• Protection on the ground of disability Contains • Covers all areas of society• prohibition of discrimination, • Obligations to ensure accommodation, both

universal design and individual accommodation• A duty to make active and targeted effort to

promote equality and prevent discrimination.

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Section 9 Obligation to ensure general accommodation (universal design)• By universal design is meant designing or

accommodating the main solution as regards to physical conditions so that it can be used by as many people as possible.

• Universal design is both a legal standard and a minimum requirement

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Section 9 - continue

• Public and private undertakings that offer goods or services to the general public are obliged to ensure the universal design of the undertaking’s normal function provided this does not entail an undue burden for the undertaking.

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Section 9 -Undue burden

• undue burden, particular importance shall be attached to the

-effect of the accommodation on the dismantling of disabling barriers,

-the necessary costs associated - the undertaking’s resources,

- whether the normal function of the undertaking is of a public nature, - safety considerations –-cultural heritage considerations.

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Section 9 – continue

• Any breach of the obligation to ensure universal design pursuant to subsection three is to be regarded as discrimination.

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Section 9 Continue

• Not regarded as discrimination if the undertaking meet specific provisions laid down in the statutes or regulations concerning the content of the obligations to implement universal design.

• An obligation for undertakings (both public and private) to make active, targeted efforts to promote universal design in the undertaking.

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Buildings and outdoor areas

• Universal design in all new buildings – the new Planning and building act and regulations - set the level for universal design.

• Existing buildings : Major improvements will cause high costs. dead-lines, specific building categories in regulation to the Planning and building act.

(Not yet decided)

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Information and communication Technology (ICT)

• ICT – Technology and technology systems that are used to express, create, convert, exchange, store, duplicate or publish information, or which in some

Other ways make information usable

• Deadlines for universal design - New ICT by 1 July 2012 - Existing ICT by 1.july 2021• Regulations • A certain enforcement body, DIFI

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Public transport

• Requirements for universal design in the regulation concerning new buses, trains, ships.

• Due to high costs, no requirement for existingtransport material, but a white paper set a side NOK 4 47 billion for universal design in the trans-port sector.

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Laws and regulations supporting the implementation of universal design

Anti-Discrimination and Accessibility Act

Building and planning (buildings, outdoor areas etc.)

ICT (web, ticket machines, cash dispensers etc)

Transportation (trains, busses, ships, infrastructure etc)

Education (buildings, learning environment)

Public procurement All goods purchased by the public sector

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Enforcement

• The Equality and Anti-Discrimination Ombud• The Equality and Anti-Discrimination Tribunal

Breaches universal design. The powers of the Tribunal:

• May issue an injunction or order to act. • May impose a coercive fine in order to fulfill the

requirements.

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The complaints model

Advantages• Focus and pressure on

the undertaking to find a solution

• Political pressure – for example in municipalities

• Easy for users – low threshold

Challenges• High potential for

complaints • Predictability for the

undertaking• The level of discretion

on the Ombud/ Tribunal.

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Vision – Norway universally designed by 2025

Prioritized areas in the plan of action • Outdoor areas/planning, buildings, transport and ICT. • Sector-overarching measures: activities in

the municipalities, national indicators and standards, communication policy, children and

young people Coordination responsibilityThe Ministry of Children, Equality and Social Inclusion