On providing a barrier-free information environment

This article was prepared as part of the implementation of the "Barrier-Free Information Environment" project as part of the Initiative to Support Good Governance in Kazakhstan with the support of the United States Agency for International Development (USAID) and the Eurasia Foundation of Central Asia.

Given the accelerated social and economic modernization of the state and the increased competitiveness of Kazakh society, the issue of optimal integration of persons with disabilities into society, the elimination of their social disunity, and the creation of conditions for the growth of their social mobility have acquired particular urgency.

Increasing social responsibility and review of both the state and society’s attitude towards persons with disabilities —  the number of which, both in the world and in Kazakhstan, is growing every year — is becoming the main and often determining factor in this process.

According to the World Health Organization, over a billion people, or about 15% of the world's population, live with some form of disability. This is a higher number than the previous estimate made by the World Health Organization in the 1970s — 10% [1].

The annual growth rate in the number of individuals with disabilities can be traced in the Republic of Kazakhstan.

If, in 2011, the number of individuals with disabilities was 563,086, 61,196 of whom were children, in 2014, their number was 627,163 (3.6% of the country's population), of whom were 72,574 children under the age of 18 [2].

The issues of growth of children's disabilities and the elimination of information barriers for this category of citizens are becoming especially urgent. If, in 2013, according to the Ministry of Education and Science of the Republic of Kazakhstan, the number of children with disabilities was 138,513, in 2014 their number grew to 141,952 [3].

In order to involve this large category of citizens in informational, management-related, educational, economic and other processes, including through the Internet, it is not enough provide them with computers and access to the Internet. We need legal, organizational, technological, technical and financial support, as well as a special organization of content that will make information available on Internet resources accessible to all users.

At the same time, it is important to understand that the availability of information posted on Internet resources concerns not only citizens of Kazakhstan, foreigners, and stateless individuals  with disabilities, but a much wider group of people, including both persons with disabilities, including those with limitations on sight, hearing, motor skills, mental ability, and and mobility, including the elderly.

Today, in order to ensure the constitutional right of everyone to freely receive and disseminate information by any means not prohibited by law, effective legal mechanisms should be of the utmost importance.

The implementation of legislation in the field of access to information for people with disabilities was until recently not perceived as a separate, important area of public policy. This is indicated by the absence of special sociological, analytical, and expert studies on this issue.

The problem of disabled individuals’ access to information was made relevant only in connection with the next stage of political and social modernization of the state and society in the Republic of Kazakhstan. The following laws have been introduced in the legislature of the Republic of Kazakhstan: "On Ratification of the Convention on the Rights of Persons with Disabilities" dated February 20, 2015, "On Access to Information" dated November 16, 2015, and, "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Issues of Access to Information” on November 16, 2015. At the same time, even the adoption of this set of laws will cannot yet ensure the most complete legal regulation of this issue. In the Republic of Kazakhstan, it is necessary to introduce the best world practices, mechanisms, and methods allowing for maximum access to information for all citizens.

Thus, Kazakhstan, like many other countries, is also following the current trend of conceptually revising approaches to solving the problems of the social rehabilitation of individuals with disabilities, increasing their social mobility and integration into society.

The starting points of this process come down to the following three facts:

Firstly, Kazakhstan's ratification of the fundamental international normative legal act in this sphere is the UN Convention on the Rights of Persons with Disabilities and, accordingly, the adoption by the Republic of Kazakhstan of the obligations set forth in the Convention [4];

Secondly, the President of the Republic of Kazakhstan NA. Nazarbayev's initiation of a course on social modernization and the construction of the Society for Universal Labor, one of the aspects of which is to increase the social activity of all categories of able-bodied citizens, including some disabled individuals capable of certain types of work; and

Thirdly, Kazakhstan's 2015 adoption of the Law "On Access to Information," and the introduction of appropriate amendments and additions to the current legislation of the Republic of Kazakhstan.

In this regard, one of the most important tasks not only of the state, but also of civil society, business, and mass media is to change the "medical" approach to disabled people within the system of social responsibility. In this respect, ensuring the openness and accessibility of state and other socially significant information for individuals with disabilities is a basic prerequisite, since information for individuals with disabilities is of great value, and, accordingly, should be made as accessible as possible.

At the same time, the issue of providing access to information placed on Internet resources is especially relevant, since the Internet is one of the primary tools for rapid access to information, and for many disabled people in Kazakhstan, the Internet is the most convenient and sometimes the only method of getting an education, work, and information; maintain communication; buy daily necessary products, receive services, take part in the life of society, and lead an active lifestyle.

It should be noted that in recent years, electronic services have become increasingly popular in citizens’ lives, regardless of the limitations on individuals’ health, which is now actively being influenced by the introduction of new information and communication technologies, the development of the Internet and the increase in the number of Internet users.

Official statistics and indicators also testify to the positive growth of Internet penetration and the development of the service sector in electronic form.

At the same time, they do not take into account one of the least protected categories of users: people with disabilities.

An approximate picture can be made only on the basis of a number of sociological surveys and conducted surveys.

As shown by the analysis of the content of Internet resources, the interests and rights of persons with disabilities are not properly taken into account among the users of information and services offered by the Internet; according to the Constitution of the Republic of Kazakhstan, however, they "have the right to freely receive and disseminate information in any way not prohibited by law,” which legislates the following principle: in the information space, there should be no barriers for individuals with disabilities.

This situation is confirmed in practice.

In Kazakhstan, most of the Internet resources of state bodies, mass media, and other private organizations are not adapted visually, audibly, or tactilely for people with visual, auditory, locomotive, speech, or mental limitations.

For most people with disabilities, information provided on official Internet resources and services provided in electronic form, including public services, are partially or completely inaccessible due to their incorrect filing and processing in their current form on the Web.

For the disabled, these questions become the most sensitive, often vital issues.

An up-to-date analysis of the results of monitoring the Internet resources of state bodies shows that compliance with the requirements of national legislation does not in actuality make them accessible to all users.

Often, state bodies formally approach the fulfillment of the requirements set forth in Order No. 89 of the Minister of Investment and Development of the Republic of Kazakhstan of January 30, 2015 "On Approving the List of Electronic Information Resources on State Bodies and Rules for their Placement on Internet Resources of State Bodies.”

It is not uncommon for state bodies to place electronic information resources not in accordance with the guidelines for ensuring the availability of web content (WCAG.2.0), which describes the current provisions and principles for creating accessible web content for as many different users as possible, including people with specific limitations.

State enterprises and organizations authorized to ensure the right of access to information are not currently working to adapt their Internet resources to the needs of individuals with disabilities, since such requirements are not fixed at the legislative level. Further, there are no corresponding standards for non-governmental bodies.

Of course, this creates serious barriers for persons with disabilities in the process of exercising their constitutional right of access to information.

For example, the Internet resource of the RSE on the operational management of the Informational and Analytical Center for Environmental Protection of the Ministry of Energy of the Republic of Kazakhstan (http://ecogosfond.kz), designed to facilitate access to environmental information through the maintenance of the State Fund for Environmental Information, is not adapted for people with disabilities.

At the same time, it should be noted that in Article 17 of the Environmental Code of the Republic of Kazakhstan, the duty of organizing the maintenance of the State Environmental Informational Fund is assigned to the authorized body in the field of environmental protection.

We should also pay attention to the fact that organizations and institutions funded by republican and local budgets, as well as by private organizations and institutions, including the media, have not yet changed their approaches to adapting their Internet resources to the needs of disabled individuals.

This situation is still pervasive, despite the fact that the Convention on the Rights of Persons with Disabilities contains provisions on the active motivation of private enterprises and the media that provide services to the general public, including via the Internet, to provide information and services in formats accessible to and suitable for the disabled.

Despite the fact that article 14, paragraph 2 of the Constitution actually contains a general prohibition of discrimination, there is still no direct application of this provision in judicial practice in Kazakhstan.

Regarding access to information for people with disabilities, there is a need for a more precise legal definition of the concept of "discrimination based on disability" and the development of definitions of basic concepts related to the phenomenon of discrimination that would be understandable, unambiguous, and applicable in judicial practice and would not require additional interpretation.

In this connection, it is also necessary to consider the possibility of introducing a norm that qualifies the actions/ missions of state bodies, organizations, institutions, and their officials which have led to the restriction of access of persons with disabilities to information posted on the Internet, as discrimination on the basis of disability (due to state of health).

Appropriate measures of liability should also be introduced.

A preliminary analysis allowed experts to identify the range of causes and factors that adversely affect the solution of issues in the sphere of the access to information of persons with disabilities.

Among them, we can designate the following:

1) a low degree of introduction of new legal, methodical and project approaches to ensure the rights of persons with disabilities in the field of access to information, taking into account international standards and modern world experience;

2) a low level of implementation of the provisions of the UN Convention on the Rights of Persons with Disabilities and other international treaties on the access of persons with disabilities to information in national legislation;

3) lack of state standards for the development of Internet resources that require accessibility of Internet resources for people with disabilities;

4) the absence of a system of comprehensive legal assessment of legislation to comply with the Republic's international obligations in the field of access to information;

5) the disregard or predominance of a superficial approach to the adoption of strategic plans, decisions, and programs on issues related to persons with disabilities;

6) a low level of coordination and cooperation between state authorities on access to information for people with disabilities;

7) a lack of material and financial means for the financing of legislative initiatives; and

8) a lack of both internal and external effective systemic control over the fulfillment of the duties of state bodies to ensure access to information of individuals with disabilities.

Attention is drawn to the fact that despite there being a large number of laws and bylaws regulating relations in the field of access of citizens (including those with disabilities) to information, products, and services offered electronically, the country has not yet properly developed effective mechanisms in the field of access of persons with disabilities to information and has not included requirements for access to information for people with disabilities in main communication strategies and sectoral regulatory legal acts.

Accordingly, the following question arises: to what extent does this comply with the requirements of national legislation, as well as the obligation of the Republic of Kazakhstan taken after the ratification of the UN Convention on the Rights of Persons with Disabilities: "to take measures to ensure that persons with disabilities can exercise the right to freedom to seek, receive and impart information and ideas on an equal basis with others, choice of all forms of communication?”

The current situation in the field of access of persons with disabilities to information allows us to state that the necessary legal, technological, technical, material, and financial conditions have not yet been created in the Republic for full access to information for people with disabilities. As a result, the existing restrictions on the exercise of the constitutional rights enshrined in articles 18, 20 and 33 of the Constitution of the country complicate the process of integrating disabled people into society and increasing their social mobility.

To say that there is no work in Kazakhstan to correct the situation is certainly not true. To date, the Republic of Kazakhstan has been implementing legal, institutional, organizational and other practical measures to improve the quality of life of people with disabilities, including the implementation of commitments undertaken within the framework of the UN Convention on the Rights of Persons with Disabilities, ratified by the law of the Republic of Kazakhstan.

Much remains to be done in this area. And, most importantly, this work should focus on minimizing and eliminating barriers for individuals with disabilities.

Along with the issue of providing access for people with disabilities to facilities and services that are open or provided to the public, it is also extremely important to note important issues such as providing access to information and communication.

These issues are particularly addressed not only in the UN Convention on the Rights of Persons with Disabilities, but also in a number of documents written by the World Health Organization.

For example, the World Disability Report presents extensive data on barriers, including on "inadequate information and communication.”

The World Disability Report indicates that barriers to inadequate information and communication faced by individuals with disabilities can be avoided and that disability-related inconveniences can be overcome.

One of the key recommendations of the World Disability Report is "Recommendation 1. Ensuring access to all universal systems and services.”

Thus, in the context of the universal informatization of the Kazakh society, the transfer of many services, including state ones, to an electronic format, as well as the issues of access to information made available by electronic means of communication are made more relevant every year.

Based on the importance of this issue, the state should act as a guarantor of providing citizens with an ever-expanding set of information services, legally and technologically ensuring the right of access to information for the entire population, including persons with disabilities.

List of referenced literature and sources:

1) World report on disability. World Health Organization 2011

2) Data of the Committee on Statistics of the Ministry of National Economy of the Republic of Kazakhstan.

3) Without taking into account children with psychiatric disorders (early alcoholism, drug addiction, substance abuse, etc.). // Source: http://www.stat.gov.kz.

4) Law of the Republic of Kazakhstan No. 288-V of February 20, 2015 "On the Ratification of the Convention on the Rights of Persons with Disabilities"

The author of the article is Baurzhan S. Uakpaev, Director of the Institute for Humanitarian Studies and Projects.