Universal design in The Anti-discrimination and
Accessibilty Act
By Elin Rønningen, Senior Adviser
Dublin 04.06.2010
Background - development
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Gender equality Act 1979
European union Directives – 2000/78/EF
2003-2005 Law commission disability discrim.
2006 – 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.
• 2009 A comprehensive Anti-Discrimination Act
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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.
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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
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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.
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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.
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Section 9 – continue
• Any breach of the obligation to ensure universal
design pursuant to subsection three is to be
regarded as discrimination.
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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.
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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)
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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 2012
- Existing ICT by 1.july 2021
• Regulations
• A certain enforcement body, DIFI
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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 transport sector.
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Laws and regulations supporting
the implementation of universal
design
Anti-Discrimination and
Accessibility Act
ICT
(web, ticket machines,
cash dispensers etc)
Building and planning
(buildings,
outdoor areas etc.)
Education
(buildings,
learning environment)
Transportation
(trains, busses, ships,
infrastructure etc)
Public procurement
All goods purchased
by the public sector
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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.
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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
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Challenges
• High potential for
complaints
• Predictability for the
undertaking
• The level of discretion
on the Ombud/
Tribunal.
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
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