Persons with disabilities have a lower access to internet and digital tools than the rest of the population. Although limited data is available, a study indicates that in 2012, on average 7 out of 10 European citizens had Internet access at home but only 5 out of 10 among those who declared an activity limitation connected to impairment or disability.
As persons with disabilities are also at a much higher risk of poverty and social exclusion, they are less likely to have access to internet and their own digital equipment such as computer, laptop and mobile (when there are accessible ICT products at an affordable price). Older persons with disabilities are particularly left behind, with no training on digital skills and often no alternatives to digital services.
In December 2021, the European Commission published a proposal for a Regulation on digitalisation of judicial cooperation and access to justice, intended to apply to civil and criminal proceedings of a cross-border nature within the European Union. Early on, EDF explained that the rights and needs of persons with disabilities must be guaranteed under the proposed law.
Negotiation of the proposed Regulation of judicial cooperation and access to justice
Despite the recommendations made by EDF, the proposal of the European Commission did not take into account the rights of persons with disabilities.
In December 2022, the Council adopted its position on the proposal. It only contains a reference to the UN Convention on the Rights of Persons with Disabilities in the recital. There is no obligation to ensure accessibility or procedural accommodation for persons with disabilities.
On 1 March 2023, the European Parliament’s Legal Affairs Committee (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE) agreed on their position on the proposal with a more ambitious protection of the rights of persons with disabilities.
LIBE Co-rapporteur Marina Kaljurand (S&D, EE) was quoted saying “(…) it is crucial that the necessary safeguards are put in place. Accessibility of electronic communication channels to persons with a disability has to be guaranteed so that our citizens will have equal opportunities.”
EDF welcome this progress, and will continue to call on the EU institutions to accept the inclusion of all proposals in the final text.
Next steps
The final position of the European Parliament needs to be agreed in the Plenary. After this, the Parliament, the Council and the Commission will start the negotiation over the final text of the regulation.
For more information on persons with disabilities and the digital gap, check our EDF recommendations on the digitalisation of the justice system or contact Marine Uldry, Human Rights Policy Coordinator