Universal design in The Anti-discrimination and Accessibilty Act By Elin Rønningen, Senior Adviser Dublin

2 Background - development Gender equality Act 1979 European union Directives – 2000/78/EF Law commission disability discrim – 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 A comprehensive Anti-Discrimination Act

3 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.

4 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

5 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.

6 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.

7 Section 9 – continue Any breach of the obligation to ensure universal design pursuant to subsection three is to be regarded as discrimination.

8 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.

9 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)

10 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 Existing ICT by 1.july 2021 Regulations A certain enforcement body, DIFI

11 Public transport Requirements for universal design in the regulation concerning new buses, trains, ships. Due to high costs, no requirement for existing transport material, but a white paper set a side NOK 4 47 billion for universal design in the trans- port sector.

12 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

13 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.

14 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.

15 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 responsibility The Ministry of Children, Equality and Social Inclusion