The appearance of new technologies in the world forced the international community to gradually regulate these technological innovations, since their implementation began to have a considerable impact on the lives of the population.
Particularly, the appearance of the Internet in the 1960s meant a drastic change in the way of communicating and storing information, as well as socializing content, since it simplified the way of transmitting it, reducing distances, making processes more efficient and guaranteeing access to a larger number of users.
If we consider that the Internet presents an innovative formula that allowed information to be linked logically and through networks, known as the World Wide Web, the Internet quickly became an indispensable tool, to the point of being considered by the Organization of Nations (UN) as a human right in 2011...
In any society it is essential that freedom of expression and the right to information exist. Its importance lies in how free a society will be to express its ideas, as well as to disseminate them and, above all, how much information it will be able to receive to make its own and duly informed judgment.
In this sense, the right to information is understood from the content of the right to freedom of expression, defined by the Inter-American Commission on Human Rights, as a right with a dual quality, having two dimensions, one of an individual nature, and another of a social nature.
The right of access to the web is oriented to the way in which a society exercises the inclusion of all the people who belong to it, based on the principle of equality.
Consequently, to fully comply with this obligation, international instruments and organizations have already determined that States must promote auxiliary technologies, the purpose of which is for people with disabilities to use the web and benefit from information technologies. information and communication (commonly known as ICTs), as well as digital content, these must be easy to perceive, operate, comprehend and understand, in accordance with the international standards that exist for this purpose, or are developed with time.
In the United Mexican States, all people will enjoy the human rights recognized in this Constitution and in the international treaties to which the Mexican State is a party, as well as the guarantees for their protection.
Any discrimination motivated by ethnic or national origin, gender, age, disabilities, social condition, health conditions, religion, opinions, sexual preferences, marital status or any other discrimination that violates dignity is prohibited. human nature and aims to nullify or impair the rights and freedoms of people
Article 6
The State will guarantee the right of access to information and communication technologies, and to radio broadcasting and telecommunications services, including broadband and internet.
B. Regarding radio broadcasting and telecommunications.
The state will guarantee the population knowledge of information, through a universal digital inclusion policy.
Telecommunications is a public service of general interest, where the State will guarantee that they are provided under conditions of quality, plurality, universal coverage and free access.
Article 7
The freedom to disseminate opinions, information and ideas, through any media, is inviolable.
Article 27
In terms of radio broadcasting and telecommunications, for the exploitation, use or exploitation of resources, concessions will be granted by the Federal Telecommunications Institute.
Article 28
The Federal Telecommunications Institute is an autonomous body, with legal personality and its own assets, its objective is the efficient development of radio broadcasting and telecommunications. It is in charge of regulating, promoting and supervising the use, exploitation and exploitation of the radio spectrum, networks and the provision of radio broadcasting and telecommunications services.
The Federal Telecommunications Institute is independent in its decisions and operations, professional in its performance and impartial in its actions:
They will dictate their resolutions with full independence.
They will exercise their budget autonomously.
They will issue their own organic statute.
Issue general administrative provisions.
Article 73
Congress has the power:
Establish laws on communication, broadcasting, telecommunications, including broadband and internet.
Article 76
Exclusive powers of the Senate:
Ratify the appointments that the Federal Executive makes of those in charge of regulating telecommunications.
Article 89
Powers and Obligations of the President:
Appoint, with the approval of the Senate, those in charge of regulating telecommunications.
Articulo 94
The Federal Judiciary Council will determine the number, division into circuits, territorial jurisdiction and subject specialization, which will include radio broadcasting, telecommunications and economic competition, of the Collegiate and Unitary Circuit Courts and the District Courts.
Article 2
For the purposes of this Law it will be understood:
Accessibility. Relevant measures to ensure access by persons with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, including information and communications systems and technologies, and to other services and facilities open to the public or for public use, both in urban and rural areas.
Reasonable Adjustments. Necessary and appropriate modifications and adaptations that do not impose a disproportionate or undue burden will be understood, when required in a particular case, to guarantee people with disabilities the enjoyment or exercise, on equal terms with others, of all human rights and fundamental freedoms.
Communication. Written, oral and Mexican sign language, text visualization, Braille system, tactile communication, large print, easily accessible written or auditory multimedia devices, simple language, digitized voice media and others will be understood. augmentative or alternative modes, means, systems and formats of communication, including easily accessible information and communications technology.
Equal opportunities. Process of adaptations, adjustments, improvements or adoption of necessary affirmative actions in the legal, social, cultural environment and goods and services, which facilitate people with disabilities their inclusion, integration, coexistence and participation, on equal opportunities with the rest of the population.
Article 5
The principles that public policies must observe are:
VIII. Accessibility.
Article 20
The media will implement the use of technology and, where appropriate, Mexican Sign Language interpreters, which allow the deaf community communication facilities and access to the content of their programming.
Chapter X Freedom of Expression, Opinion and Access to Information
Article 32
People with disabilities have the right to freedom of expression and opinion; including the freedom to collect, receive and provide information through any form of communication that facilitates participation and integration on equal terms with the rest of the population. For these purposes, the competent authorities will establish the following measures:
I. Provide in a timely manner and at no additional cost, information aimed at the general public, in accessible formats and with technologies appropriate to different types of disabilities.
II. Promote the use of Mexican Sign Language, the Braille System, and other modes, means and formats of communication, as well as access to new information and communications systems and technologies, including the Internet.
IV. The media and private sector institutions that provide services and provide information to the general public will provide it in formats that are accessible and easy to understand for people with disabilities.
Article 9
Based on the provisions of the first constitutional article and article 1, second paragraph, section III of this Law, the following are considered discrimination, among others:
XXII. Bis. The lack of accessibility in the physical environment, transportation, information, technology and communications, in services and facilities open to the public or for public use.
XXII. Ter. The denial of reasonable adjustments that guarantee, under equal conditions, the enjoyment or exercise of the rights of people with disabilities.
Article 15 Ter
Leveling measures are those that seek to ensure the access of all people to real equality of opportunities by eliminating physical, communication, regulatory or other barriers that hinder the exercise of rights and freedoms, primarily for women and social groups. in situations of discrimination or vulnerability.
Article 15 Quáter
Leveling measures include:
I. Reasonable adjustments regarding physical accessibility, information and communications.
IV. Use of Mexican Sign Language interpreters at public events in all government agencies and during official television times;
VI. The accessibility of the social environment, including physical, communications and information access.
Article 15 Séptimus
Affirmative actions are special, specific and temporary measures in favor of people or groups in situations of discrimination, whose objective is to correct patent situations of inequality in the enjoyment or exercise of rights and freedoms, applicable as long as said situations persist. They will be adapted to the situation that wants to be remedied, they must be legitimate and respect the principles of justice and proportionality.
Chapter II Of the Rights of Users with Disabilities
Article 199
The Executive and the Institute will promote that users with disabilities have access to telecommunications services, under equal conditions.
Article 200
In addition to the rights established in article 191 and with the aim of ensuring real equality of opportunities, users with disabilities will enjoy the following rights:
Request and receive advice from dealers on the use of telecommunications services.
To contract and know the commercial conditions of the adhesion contracts, through electronic means, including the electronic page which must have accessible formats.
Have terminal equipment that has functionalities, programs or applications that allow the accessibility of people with motor, visual and hearing disabilities to telecommunications services, upon user request.
Access to a telephone number for emergency services, harmonized at the national level, that has identification and geographic location mechanisms, under the terms and conditions determined by the Institute in coordination with the National Public Security System.
Not be discriminated against in the hiring and provision of telecommunications services
That the concessionaires' facilities or customer service centers have adaptations so that people with disabilities can receive care, as long as it does not imply a disproportionate burden.
That Internet pages or portals have accessibility functionalities.
To receive attention from dealers or authorized personnel by trained personnel.
Article 201
The Internet portals of the Federal Public Administration agencies, as well as decentralized public organizations, state participation companies, the Congress of the Union, the Judicial Branch of the Federation, and the autonomous constitutional bodies; as well as the departments of the Public Administration, the legislative and judicial powers of the federal entities and the Federal District must have accessibility functions for people with disabilities.
In the case of the Federal Public Administration, the portals must comply with the provisions established within the framework of the National Digital Strategy in accordance with best international practices, as well as technological updates. The Executive will promote the implementation of said accessibility functions in the private and social sectors.
Article 202
The Federal Executive in accordance with the National Digital Strategy and the Institute, within the scope of their respective powers, will promote access of people with disabilities to new information and communications systems and technologies, including the Internet and in accordance with the guidelines that they issue for this purpose.
Article 203
To define the guidelines by the Institute regarding accessibility for people with disabilities, it must comply with regulations and enter into agreements with public and private institutions specialized in the matter.
Chapter IV Of the Rights of the Hearings
Section II Of the Rights of Hearings with Disabilities
Article 257
The Federal Executive and the Institute will promote conditions so that audiences with disabilities have access to broadcasting services, on equal terms with others.
Article 258
In order for there to be real equality of opportunities, audiences with disabilities will enjoy the following rights:
Have subtitling, dubbing services into Spanish and Mexican sign language for accessibility for people with hearing impairment. These services must be available on at least one of the most watched news programs nationwide.
To promote the recognition of their capabilities, merits and abilities, as well as the need for their attention and respect.
Have mechanisms that give them accessibility to express their claims, suggestions and complaints to the hearing advocates, as long as it does not represent a disproportionate or undue burden on the concessionaire.
Access to the programming guide through a telephone number or dealer Internet portals in accessible formats for people with disabilities.
Article 3
For the purposes of this Law it will be understood as:
Accessible Formats: Any alternative way or form that gives access to information seekers, in a manner as viable and comfortable as that of people without disabilities or other difficulties to access any printed text and/or any other conventional format in which the information can be found
Article 16
The exercise of the right of access to information will not be conditional on the applicant proving any interest or justifying its use, nor may it be conditioned for reasons of disability.
Article 42
The Guarantor Organizations will have, within the scope of their competence, the following powers:
Coordinate with the competent authorities so that the procedures for accessing information include having the necessary information in Accessible Formats, and promote the necessary Reasonable Adjustments for people with disabilities.
Article 64
The home page of the Internet portals of the obligated subjects will have a direct access link to the site where the public information is located. Information on transparency obligations must be published with a gender and disability perspective, when appropriate to its nature.
Article 65
The Guarantor Organizations and the obligated subjects will establish measures that facilitate access and search for information for people with disabilities and will ensure that the published information is accessible. Therefore, by themselves or through the National System, they must progressively promote and develop policies and programs aimed at guaranteeing the accessibility of information to the maximum extent possible.
Regulatory Framework
The appearance of new technologies in the world forced the international community to gradually regulate these technological innovations, since their implementation began to have a considerable impact on the lives of the population.
Particularly, the appearance of the Internet in the 1960s meant a drastic change in the way of communicating and storing information, as well as socializing content, since it simplified the way of transmitting it, reducing distances, making processes more efficient and guaranteeing access to a larger number of users.
If we consider that the Internet presents an innovative formula that allowed information to be linked logically and through networks, known as the World Wide Web, the Internet quickly became an indispensable tool, to the point of being considered by the Organization of Nations (UN) as a human right in 2011, when the General Assembly of said organization declared that access to the internet constituted a human right as it was a tool that favored the growth and progress of society as a whole, subsequently ratifying said declaration the Security Council itself, which in 2016 would state through a new resolution that “people's rights must also be protected on the internet, in particular freedom of expression.”
In this regard, it is worth noting that one of the sectors that has benefited the most from the progress of technology has undoubtedly been people with disabilities, who have found in new technologies an ally to materialize their human rights, such as freedom of expression. expression, the right to information and access to public information, to mention only the most relevant and therefore, guaranteeing access to these is essential.
In this sense, accessibility, as a human right of people with disabilities, in the context of the internet and new technologies, is essential for the full and effective realization of other rights, which is why the need to guarantee web accessibility becomes indispensable, and to which international human rights organizations have not been indifferent.
In this regard, it is worth noting that the Committee of Experts of the UN Convention on the Rights of Persons with Disabilities, in its General Comment No. 2, on Article 9 of said instrument regarding accessibility, speaks of the need to guarantee said accessibility in the field of the internet and new technologies, determining that the “strict application of universal design to all new goods, products, facilities, technologies and services must guarantee full, equal and unhindered access to all potential consumers, including persons with disabilities, in a manner that takes full account of their intrinsic dignity and diversity.”
Consequently, since Mexico is one of the States Party to the aforementioned international instrument since 2008, it is binding and mandatory for the country, so the regulation on the matter is considered essential for the rights of people with disabilities are guaranteed despite the apparent technological gap that may exist.
It is proven that technology reduces the barriers to access to information, communication, among others, for people with disabilities, so not guaranteeing web and technological accessibility to this population group constitutes a serious lack of full and effective exercise. of the human rights of this population group.
Right to Information and Access
In any society it is essential that freedom of expression and the right to information exist. Its importance lies in how free a society will be to express its ideas, as well as to disseminate them and, above all, how much information it will be able to receive to make its own and duly informed judgment.
In this sense, the right to information is understood from the content of the right to freedom of expression, defined by the Inter-American Commission on Human Rights, as a right with a dual quality, having two dimensions, one of an individual nature, and another of a social nature.
The first refers to the fact that all people must have the possibility of disseminating, transmitting and externalizing their thoughts, while the second is based on the public seeking, knowing, receiving and accessing information by any means, including, of course, the Internet.
In this regard, the Universal System for the Protection of Human Rights protects the human right to freedom of expression, as well as the right to information, establishing these prerogatives in Article 19 of the International Covenant on Civil and Political Rights, which provides that (i) no one may be disturbed because of their opinions, and that (ii) everyone has the right to freedom of expression; This right includes the freedom to seek, receive and disseminate information and ideas of all kinds, regardless of borders, whether orally, in writing or in printed or artistic form, or by any other method of your choice.
Likewise, the Inter-American Human Rights System also provides for similar protections, protecting the rights of freedom of thought and expression in Article 13 of the American Convention on Human Rights, considering that every person has the right to freedom of thought and expression. , and establishing in turn that said protection includes the freedom to seek, receive and disseminate information and ideas of all kinds, regardless of borders, whether orally, in writing or in printed or artistic form, or by any other procedure of its own. choice.
Having said the above, the Convention on the Rights of Persons with Disabilities does not at any time create new rights in this sense, but rather contextualizes said rights to the reality of persons with disabilities, consequently providing in its Article 9 that States Parties are obliged to adopt those measures necessary to ensure access by persons with disabilities, on equal terms with others, to (i) information and communications, including information and communications systems and technologies, including the Internet. , as well as (ii) that the information provided over the Internet is in accessible formats for people with disabilities.
It is consequently concluded that failure to do the above not only means a discriminatory act, but that this in turn constitutes a significant barrier that would prevent the full enjoyment of the right to freedom of expression, information and access to it in a generic manner.
Web Accessibility
The right of access to the web is oriented to the way in which a society exercises the inclusion of all the people who belong to it, based on the principle of equality.
Consequently, to fully comply with this obligation, international instruments and organizations have already determined that States must promote auxiliary technologies, the purpose of which is for people with disabilities to use the web and benefit from information technologies. information and communication (commonly known as ICTs), as well as digital content, these must be easy to perceive, operate, comprehend and understand, in accordance with the international standards that exist for this purpose, or are developed with time.
It should be noted that Frank La Rue, who was the UN Special Rapporteur for the Promotion and Protection of the Right to Freedom of Opinion and Expression from 2008 to 2014, urged at the time that the websites be translated into several languages, and measures will be taken to make these sites accessible to people with disabilities, emphasizing that “the fact that people with disabilities can participate in the same communication platform facilitates a truly global society.”
To achieve equal opportunities and equitable access to the web, it is necessary to eliminate the barriers that produce a digital divide which, in La Rue's own words, is “the separation between those who have effective access to digital and information technologies.” , particularly to the Internet, and those who have very limited or no access.”
In this sense, it is necessary to mention that, from international human rights law, certain principles have already been defined so that the web is considered accessible, free and open, making it an authentic human right, namely:
Universal Access: Refers to the need to guarantee connectivity and universal, ubiquitous, equitable, truly affordable and adequate quality access to Internet infrastructure and ICT services throughout the territory of the State. Access does not It only covers the Internet infrastructure, but also the new tools existing on the web (cultural, educational, entertainment).
Pluralism: The multidirectional nature of the network must be protected and platforms that allow the search and dissemination of information and ideas of all kinds, regardless of borders, must be promoted, under the terms of Article 13 of the American Convention.
Non-Discrimination: Guarantee that all people, especially those who belong to vulnerable groups or who express critical views on matters of public interest, can disseminate content and opinions on equal terms.
Privacy: Obligation to create a protected environment for the exercise of the right to freedom of expression, since the violation of the privacy of communications has an inhibitory effect and affects the full exercise of the right to communicate.
Neutrality: Necessary condition to exercise freedom of expression on the Internet, that is, the freedom of access and choice of users to use, send, receive or offer any content or application through the Internet is not conditioned, directed or restricted, through blocking, leaking, or interference.
It is for all of the above that the Mexican constitutional text itself and the regulatory laws that emanate from it, have in recent years collected the concerns of human rights organizations, as well as the provisions of the different instruments on the matter, constitutionalizing the right to the internet since June 10, 2013, making Mexico the eighth country in the world to guarantee this right to its citizens.
Below is a table with the Mexican regulations at the federal level regarding web accessibility for people with disabilities:
