Addendum to BDA Accessibility Formats Policy
To enable communications and printed material to be accessible to all,
irrespective of a disability or specific learning difficulty, hidden or otherwise,
the British Dyslexia Association calls for all organisations to ensure that all
communications and publications are accessible, and available in alternative
formats. Therefore we fully endorse the rights of disabled people to accessible
information, in a variety of formats.
The provision of accessible information is established in a variety of legal
frameworks:
i.
United Nations Convention on the Rights of Persons with Disabilities
explicitly states that cosignatories should:
a. ‘take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices that
constitute discrimination against persons with disabilities’ (Article 4,
point b).
b. In addition Article 5 stipulates:
(2) ‘States Parties shall prohibit all discrimination on the basis of
disability and guarantee to persons with disabilities equal and
effective legal protection against discrimination on all grounds’.
and;
(3) ‘In order to promote equality and eliminate discrimination,
States Parties shall take all appropriate steps to ensure that
reasonable accommodation is provided’.
Failure to provide reasonable adjustments may prohibit participation, therefore
contravening convention articles 12; Equal recognition before the law, 13;
Access to Justice, Article 14; Liberty and security of the person, 19; Living
independently and being included in the community, 24; Education, 25;
Health, 26; Habilitation and rehabilitation, 27; Work and employment, 29;
Participation in political and public life, 30; Participation in cultural life,
recreation, leisure and sport.
In specific relation to accessibility the convention states in Article 9:
‘To enable persons with disabilities to live independently and participate fully
in all aspects of life, States Parties shall take appropriate measures to ensure
to persons with disabilities access, on an equal basis with others, to the
physical environment, to transportation, to information and communications,
including information and communications technologies and systems’.
In addition point f. states that States Parties should also:
‘Promote other appropriate forms of assistance and support to persons with
disabilities to ensure their access to information’.
Addendum to BDA Accessibility Formats Policy
Article 21; Freedom of expression and opinion, and access to information is
also relevant here as it states:
‘States Parties shall take all appropriate measures to ensure that persons
with disabilities can exercise the right to freedom of expression and opinion,
including the freedom to seek, receive and impart information and ideas on an
equal basis with others and through all forms of communication of their
choice, as defined in article 2 of the present Convention, including by:
a. Providing information intended for the general public to persons with
disabilities in accessible formats and technologies appropriate to
different kinds of disabilities in a timely manner and without additional
cost;
b. Accepting and facilitating the use of sign languages, Braille,
augmentative and alternative communication, and all other accessible
means, modes and formats of communication of their choice by
persons with disabilities in official interactions’.
This is supported by the Equality and Human Rights Commission’s, Human
rights: A guide to the UN disability convention, which cites UNCRPD Article
30:
‘disabled people have the right to access books, plays, films and television in
accessible formats (for example books in large print, audio or Braille)’.
ii. In a UK context disability discrimination legislation is provided by the
Equality Act (2010). Chapter one, section six defines a person with a
disability, while section thirteen stipulates the condition that may
constitute direct discrimination. Thus:
a. ‘A person (A) discriminates against another (B) if, because of a
protected characteristic, A treats B less favourably than A treats or
would treat others.
Also,
b. If the protected characteristic is disability, and B is not a disabled
person, A does not discriminate against B only because A treats or
would treat disabled persons more favourably than A treats B.
Accessible information is established through the Equality Act (2010) by
providing reasonable adjustments to disabled persons. The duty to provide
reasonable adjustments is stated under section twenty, this comprises three
requirements:
a. ‘The first requirement is a requirement, where a provision, criterion
or practice of A's puts a disabled person at a substantial
disadvantage in relation to a relevant matter in comparison with
persons who are not disabled, to take such steps as it is
reasonable to have to take to avoid the disadvantage.
b. The second requirement is a requirement, where a physical feature
puts a disabled person at a substantial disadvantage in relation to a
Addendum to BDA Accessibility Formats Policy
c.
d.
e.
f.
g.
relevant matter in comparison with persons who are not disabled,
to take such steps as it is reasonable to have to take to avoid the
disadvantage.
The third requirement is a requirement, where a disabled person
would, but for the provision of an auxiliary aid, be put at a
substantial disadvantage in relation to a relevant matter in
comparison with persons who are not disabled, to take such steps
as it is reasonable to have to take to provide the auxiliary aid.
Where the first or third requirement relates to the provision of
information, the steps which it is reasonable include steps for
ensuring that in the circumstances concerned the information is
provided in an accessible format.
A person who is subject to a duty to make reasonable adjustments
is not (subject to express provision to the contrary) entitled to
require a disabled person, to pay to any costs of complying with the
duty.
In relation to the second requirement, a reference in this section or
an applicable Schedule to avoiding a substantial disadvantage
includes a reference to—
i. removing the physical feature in question,
ii. altering it, or
iii. providing a reasonable means of avoiding it.
A reference in this section, section 21 or 22 or an applicable
Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a
physical feature is a reference to—
i. a feature arising from the design or construction of a building,
ii. a feature of an approach to, exit from or access to a building,
iii. a fixture or fitting, or furniture, furnishings, materials,
equipment or other chattels, in or on premises…
The Equality and Human Rights Commission states that: ‘when written
information is part of a service, a service provider must think about providing it
in alternative formats, such as in Braille, on CD, or electronically, for disabled
people who need the information in this form. Although it depends on the
service provider’s circumstances, this is likely to be a reasonable adjustment
which the service provider must make. In making reasonable adjustments, a
service provider is not allowed to wait until a disabled person wants to use
their services. They must think in advance about what people with a range of
impairments might reasonably need. If they have not done this and a disabled
person wants to use a service, then the service provider must make the
reasonable adjustments as quickly as possible’.
Where this is a reasonable adjustment (and, as with other written information,
it is likely to be), a website must be accessible to all users; this will include, for
example: people with dyslexia and learning difficulties’.
Additionally, with regard to the provision of information, The Act states that
where a provision, criterion or practice places a disabled person at a
substantial disadvantage, and this relates to the provision of information, the
Addendum to BDA Accessibility Formats Policy
steps which it is reasonable to take include steps to ensure that the
information is provided in an accessible format.
In accordance with these entries the British Dyslexia Association would like to
highlight the difficulties of accessing information for people with dyslexia.
Where accessible information is available this is most often in the form of
electronic word documents, such as a PDF. Documents in this format can be
accessible to assistive technology software, such as text-to-speech. Some
adults with dyslexia can access funding for this software, and other
information technology via their workplace or higher education institute. The
Access to Work scheme as well as Disabled Students Allowance are both
principle sources of funding in this regard.
However for those individuals, who are not engaged in work or education,
including the unemployed or retired, no such funding is available; thus putting
these groups at a distinct disadvantage, which may constitute a discriminatory
practice. These individuals may request information in accessible formats
other than PDF documents (or in some cases alongside these) such as
CD/audio.
The British Dyslexia Association therefore recommends that organisations
provide a diverse range of accessible information. In particular:
a. To liaise directly with the individual who has requested this type of
reasonable adjustment, or an organization or advocacy group that may
act on their behalf, to establish need. For dyslexic individuals, what is
required may vary from person to person.
b. Where requests for a specific format aimed at removing the
disadvantage experienced by a dyslexic individual have been made
organisations should reasonably consider the request. There is a
growing bank of evidence of good practice in this respect across
various types of organisation within the UK. Organisations would be
required to provide good reasons if they are not able to accommodate
a request of this kind.
c. Such requests should be actioned in a timely manner.
Dr. Kate Saunders
CEO, BDA
May 2012