After 20 years – a Swedish ban prohibiting the discrimination of disabled people due to inaccessibility!

March 18, 2014 Posted in Good Practice, NewsE-mail Print

Erik Ullenhag, the Swedish Integration Minister presented on March 3rd, 2014 a proposal for a new legal ban against inaccessibility for disabled people in Sweden. This ban classifies inaccessibility as discrimination! This will be a tool for disabled people who are discriminated against giving them the possibility of going to court when they are not able to access society. Until now there has been Swedish legislation prohibiting discrimination but no possibility for those experiencing discrimination to make their own case. The ban gives a more clear rights perspective on accessibility and will allow for discrimination compensation for the individual whose rights have been breached. The minister claimed that compensation would be a visible sign showing others that inaccessibility is not accepted and can cost!

This new ground for discrimination is based on equal access to society and if reasonable measures failed to be taken to prevent the discrimination. The ban is applicable in all sectors of society including education, health and access to services as well as for goods and services. Employment was pointed out particularly as access to employment for disabled people is a known challenge for society and the new ban would be another puzzle piece in solving the problem.

When coming to how cases could progress the Swedish minister explained that McDonalds would have higher requirements than a small local company as they have more resources and funding to ensure that inaccessibility is avoided. A company will not be put into bankruptcy for a lack of accessibility – the new ban is for simple measures that can be taken. If for example a company cannot put a ramp as it is practically not possible then there is no case of discrimination as practical conditions do not exist.

Simple measures are backed by an existing Swedish legislation that is not being respected. Simple measures can be the existence of a ramp, organisation of the interior of shops allowing for circulation of a wheelchair user, having information so that all can understand, or accessible schoolrooms.

There are exceptions to the ban for companies with less than 10 employees so as to not allow for heavy burdens to be placed on the companies.

When preparing the legislation the government considered legislation from other countries. They found there was similar legislation as the one now proposed in the USA, UK, Australia, Norway and France. The fear of large costs has always been claimed but this has not been found to be the case in the other countries. Instead accessibility has increased and given more satisfied customers. The individual with this legislation is placed in the centre with the right to drive cases. The Swedish Discrimination Ombudsman (DO) will be the responsible authority for the legislation. Individuals can push a case personally or with help of the authorities. No new resources are to be provided, as it is considered there already is sufficient national funding for the DO. There is a now a consensus in the government for this ban in spite that there has been disagreement. There is also hope that the Swedish Parliament will approve the proposed legislation when put forward.