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Interview Ă“scar Moral Ortega, legal adviser of the CERMI.

We speak with Ă“scar Moral Ortega exceeds what could suppose the publication of the Real Decreto of universal accessibility of goods and services put at the disposal of the public, who the effective Law of rights of the People with Incapacity and its Social Inclusion (2013) anticipated the past for 3 of December of 2015.

I enormously appreciate the attention of the CERMI and especially of Oscar (@OscarMoral1 in Twitter). With him we chatted on the possible legal exigencies that they will look for equal opportunity and the nondiscrimination in the consumption and use of goods, products and services.

A text that is made hope:

In the final Disposition tercera.2 of the mentioned General Law of Incapacity in force shelp that “Within two years from the entrance of this law, the Government will approve some basic conditions of accessibility and nondiscrimination, as planned in article 29, for the access and use of the goods and services at the disposal of the public by the people with incapacity.�.

Question: This term already has expired, you have in the CERMI new features on the matter? Gone you from the Government some has rough draft?

Answer: No, there are no new features. Long ago preparatory works were made but never we have handled a consolidated text on which to make contributions. The term of two years that gave the present law has finalized and there is no a text in our hands. Anyway, this normative development that is pending already scored as necessary in the LIONDAU of the 2003. The problem is that it is a complex development because they do not exist antecedent to define his reach, and the legislator is with that he has neither previous norms nor works, must start off of very little and that is generating the delays (…) They have spent 10 years from the date in which the regulation would be due to have had. Too much time throughout different Governments.

Trajeado Oscar Moral Ortega listening to a chat.

Foot of photo: Oscar Moral Ortega (1965) is licensed in Right by the University of Alcala of Madrid. He has worked for Predif and Cocenfe among others associations and has published several articles always related to the right of the people with Incapacity.

Sectors affected by future the new norm

We are going to review article 29 of the norm. In paragraph 29,1 it is shelp: “All the legal natural people or who, in the public sector or the prevailed one, provide to goods or services available for the public, offered outside the scope of life deprived and familiar, will be forced, in their activities and the consequent transactions, to the fulfillment of the principle of equal opportunity of the people with incapacity, avoiding discriminations, direct or indirect, by reason for or because of incapacity.�

Question: According to your experience and sense of smell, to what sectors it is going TO FORCE TO BE ACCESSIBLES TO ALL? Because “Goods and services put at the disposal of the public� are practically any sector.

Answer: Clearly, the article is very ample and the fight and the work indeed are going to be in establishing to what sectors are going to affect the obligation of being universally accessible. I consider that there are two great sectors in which must have changes. One is the scope of the insurances, that generates complex situations; and the other is the one of the banking services, that although something has advanced more, continues being in them difficulties of universal access. By all means that the minimum has to be in making accessible those sectors that serve to the Public Administrations. He is undeniable that these sectors must be accessible and not to generate discrimination.

Question: According to this article will all the companies that serve to the users and consumers have to offer accessible products and services? Also those of great consumption?

Answer: Yes, I believe that the spirit of the regulation will be that all the companies that offer their products or services of generalized way to the public will have to be accessible. Including for example the great surfaces and their products, although these are consumed of private way.

The incapacity could not be reason for cut of consumption options:

We continue advancing more in the article. Paragraph 29,2 says: “The anticipated thing in the previous section does not affect to the freedom of hiring, including the freedom of the person to choose to the other contracting part, as long as this election does not come determined by its incapacity.�

Question. - The writing of this paragraph very clear for is not initiated in the legal language. What really means?

Answer: It is certain, sometimes the norm is not clear and it is lent to different interpretations that in the end a judge determines. But in this case, which comes to say is that all the people we must right to contract with whom we want, and that a person due to having a incapacity cannot see reduced the right to contract with whoever. It is a complex point, because to pass it pursuant to regulation or rule it will be very difficult.

Two dangers for the accessibility:

In paragraph 29,3 it is shelp: “Despite the arranged thing in the previous sections, the differences of treatment in the access to goods and services will be permissible when they are justified by a legitimate intention and the average ones to obtain are adapted it, provided and necessary.�

Question: It can't suppose this certain relaxation in the companies at the time of offering accessibility?

Answer: No, in no case that differentiated treatment would have to suppose lack of accessibility. In the regulation it must not have exceptions in that sense.

We follow with the norm. In paragraph 29,4 several terms and conditions are listed so that the accessibility exigencies enter in force. Between these conditions for the existing goods and services the expression is introduced “that they are susceptible of reasonable adjustments�.

Question: How be defined can the limit of “the reasonable thing�, for example, in the redesign of a point of sale, in made products in series or, even, on the Web of an independent one?

Answer: The reasonable adjustments and their applicability require that it is begun to apply and its interpretation in other scopes is not being pacific. But the accessibility is the majority and the reasonable adjustment is the individualisation of that accessibility to the tactical missions. Therefore, they will have to establish the criteria of accessibility in those aspects that you indicate and those adjustments to some concrete and specific situations.

Studies on the accessibility and participants in the writing of the text:

And finally, in paragraph 29,5, the Government was also committed within two years from the entrance in force of the law, “to realise the integral studies on the accessibility to goods or services that consider from the point of view of the nondiscrimination and universal accessibility more excellent.�

Question: You have knowledge from the CERMI of the accomplishment of these studies?

Answer: No, we do not have the news. These studies would have to be made to see in what sectors are high-priority to act. They are complementary documents to the regulation and in both it is necessary to advance so that the delay is the possible minor.

Question: On whom the Government for the development of Real Decreto would have to count?

Answer: It is a regulation that would affect to many scopes and will have to be consulted many parts, that would have to make contributions. The diverse Administrations and the different groups interested in this regulation have things that to say. In addition obvious to the people with incapacity represented by the CERMI, also one would be due to count on the enterprise organizations.

Finally I appreciate again the collaboration of Ă“scar Moral Ortega, without a doubt the help more expert than can be found for knowing in what point is the accessibility legislation, in this case regarding the consumption. Thank you very much Oscar.

More information on Ă“scar Moral Ortega

The conclusion is that it is not necessary to hope to the regulation:

After the conversation with Oscar, we realised the following reflections:

1. The legislation it goes slowly, very slowly, but it advances inexorable. So the companies that offer their products and services to the consumer would have to put already hands to the work with their I+D+I to secure universally accessible supplies.

2. If they do it, they will be demonstrating real a social responsibility, they will improve the quality of his supply for all the people and they will go ahead to his competition before the norm diminishes this opportunity to be different itself.

3. When the norm forces to all the companies to be equally accessible, this advantage will not disappear. The reason will be in the fidelity of the clients to the brands that have demonstrated that they thought about the rights of the clients although the law would not force to them to do it.

What you think envelope it? You think that your sector must change much to become accessible?

Thanks to read and to share, to think and to include.

A greeting. Luis.

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