Legal Tech and ODR in Tourism by Andrej Micovic

vulnerability’, which derives from the specific context of particular markets, and can affect a broad range of consumers within those markets; ‘vulnerability associated with personal characteristics’ such as physical disability, poor mental health or low incomes, which may result in individuals with those characteristics facing particularly severe, persistent problems across markets.11 When it comes to the latter one, three major documents have guided the understanding and promotion of accessibility12 within the United Nations policy framework to date: The World Programme of Action concerning Disabled Persons, The United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities and The UN Convention on the Rights of Persons with Disabilities (UN CRPD).13 Together, these three documents require that Governments and the international community recognize the importance of accessibility in ensuring the equalization of opportunities for persons with disabilities by empowering them to “live independently and participate fully in all aspects of life”. The documents give particular attention to accessibility in the physical environment, as well as access to information and communication, and affirm the importance of access to public services such as transportation, education and health care, among others.14 Following the adoption of the UN CRPD which the EU signed in 2007 and ratified in 2010, the EU has adopted the European Disability Strategy 2010-2020 and various disability-related rules in the field of transport, public procurement, electronic communications, networks and services 11 See: Consumer vulnerability: challenges and potential solutions, https://assets.publishing.service.gov.uk/ government/uploads/system/uploads/attachment_data/file/782542/CMA-Vulnerable_People_Accessible.pdf 12 In broader terms, accessibility can be defined as the provision of flexibility to accommodate each user’s needs and preferences. When used with the specific reference to persons with disabilities, acessibility refers to any place, space, item or service, whether physical or virtual, that is easily approached, reached, entered, exited, interacted with, understood or otherwise used by persons of varying disabilities, is determined to be accessible. Accessibility within the context of the United Nations is not only an inherent right of persons with disabilities, but a means of ensuring that persons with disabilities are able to exercise all rights and fundamental freedoms and are empowered to participate fully in society on equal terms with all others. See: United Nations, Accessibility and Development – Mainstreaming disability in the post-2015 development agenda, 2013, https://www.un.org/disabilities/documents/accessibility_ and_development.pdf, p. 3. 13 UN CRPD includes obligations for digital accessibility, i.e., requires signatories to promote access for persons with disabilities to new information and communications technologies and systems, including the Internet (Art. 9), includes the obligation of accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions (Art. 21); ensures effective access to justice for persons with disabilities (Art. 13). 14 United Nations, Accessibility and Development…, https://www.un.org/disabilities/documents/accessibility_and_ development.pdf, p. 4.

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