Bristande tillgänglighet som en form av diskriminering

Proposition 2013/14:198

Main content of the Bill

(Prop. 2013/14:198 Inadequate accessibility for people with disabilities as a new form of discrimination)

The Bill contains proposed amendments to the Discrimination Act (2008:567) that introduce inadequate accessibility for people with disabilities as a new form of discrimination. Inadequate accessibility means that a person with a disability is disadvantaged through a failure to take accessibility measures to put people with disabilities in a situation comparable to that of people without such disabilities, where such measures would be reasonable under accessibility requirements in laws or other statutes and taking into account the financial and practical conditions, the duration and extent of the relationship or the contact between the entity and the individual, and other circumstances of importance.

It is proposed that the prohibition of discrimination through inadequate accessibility should apply to the following areas of society: working life, education, labour market policy activities and employment services not under public contract, starting or running a business, professional recognition, membership of certain organisations, goods and services, public meetings, public events, health and medical care, social services, social insurance, unemployment insurance, state financial aid for studies, national military and civilian service, and public employment.

Some exemptions from the prohibition are proposed. In working life, it is proposed that the prohibition should not apply to a person who inquires about employment. It is also proposed that the supply of housing should be exempt from the prohibition. With regard to the supply of goods and services, it is proposed that the prohibition should not apply to private individuals or businesses that employed fewer than 10 people at the turn of the latest calendar year. The exemption for smaller companies also applies in the health and medical care area. With regard to the supply of goods and services, it is proposed that the prohibition should not apply if it necessitates measures concerning properties and construction works that extend beyond the accessibility and usability requirements contained in the building permit or notification to begin work for the property or construction work in question.

It is also proposed that the word funktionshinder (functional disorder, disability) in the Discrimination Act, the Act concerning the Equality Ombudsman (2008:568), the Education Act (2010:800) and the Hiring Out of Workers Act (2012:854) be replaced with funktionsnedsättning (functional impairment, disability).

It is proposed that the Bill enter into force on 1 January 2015.

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