Equal Rights, Unequal Access: A Closer Look at the Digital Accessibility Dilemma in Nepal Law Commission

Introduction

Law constitutes a system of rules and regulations, devised and enforced by an acknowledged authority, typically a government or legal system. Its fundamental purpose lies in the regulation of human behavior, the preservation of societal order, and the assurance of justice. Serving as a framework for dispute resolution, the protection of individual rights, and the overall enhancement of community well-being, law is an indispensable force guiding the conduct of every citizen. It underscores the principle that everyone, irrespective of their background or status, possesses equal rights to access and benefit from the legal framework of their nation. As the prominence of law as a major subject continues to surge, the digital provision of legal information is also on the rise.

Main Item

Current situation of accessing law in Nepal:

In Nepal, the importance of law is emphasized as the driving force behind the nation's functioning. The 2015 constitution ensures that every individual can access legal information in Nepal without any difficulties. The constitution explicitly acknowledges the right to information in Article 27 and the right to education in Article 31, which is highly commendable. Despite these legal provisions, individuals with disabilities in the country face substantial challenges in accessing legal information, spanning from foundational principles to advanced academic levels. This disparity raises concerns about the effective implementation of constitutional guarantees and underscores the need for more inclusive measures to ensure that persons with disabilities can navigate and benefit from the legal landscape seamlessly.

It is alarming to note that in Nepal, a country where the constitution proudly enshrines the right to information and education, the official website of the Nepal Law Commission is inaccessible for persons with disabilities. Individuals with disabilities grapple with a wide range of challenges when studying law as professionals due to the lack of accessibility in academic design. These issues raise significant concerns: "Is the practice of law only intended for those without disabilities?", "Are the fundamental rights outlined in our constitution not applicable to persons with disabilities?" Should persons with disabilities feel excluded in the most important aspect of the nation, which is the law?"

Nepal Law Commission's Shortcomings in accessibility

Keeping this in consideration, Prayatna Nepal, an organization dedicated to promoting and insuring digital accessibility and inclusivity for individuals with visual disabilities, conducted research in April 2022 to assess the accessibility of commonly used websites and mobile applications in Nepal. The study entitled, "Prioritizing Digital Accessibility for Inclusive Development: Position Paper on Digital Accessibility in Nepal," is full of alarming findings which have been hindering the journey of inclusivity. In that study, one of the focal points was the Nepal Law Commission's website, revealing significant shortcomings that hamper persons with disabilities from accessing crucial legal information. Findings of the research are

• The website logo 'doesn't have alternative text. Thus, users with visual impairments may face accessibility challenges as screen readers won't provide meaningful information about the logo.
• The website has various pages and contents, but multiple ways to locate those pages are not present, which causes problems for all the users to locate the different pages of the website.
• All the elements on the page have a colour contrast ratio of less than the minimum requirement of 4.5:1. It creates a problem for people with low vision and colour-blindness to access and understand the contents.
• Various links don't convey the exact meaning of the links, making it hard for screen reader users to understand and interact with them.
• The website has many sub-headings under different heading levels, which are not put in logical order. Thus, screen reader users face difficulties understanding the logical structures of the headings and sub-headings. For instance, sub-headings under 'More Seller Stories' have the wrong heading structure. 'More seller stories' and its subheadings are all marked with the same heading level as heading 3.
• Learning and he's out on The close button of the product remove confirmation dialogue box is not keyboard operable. Thus, it is unable to close the dialogue box. It causes problems for keyboard users.

Lang attribute with respective value is not provided for the page to determine the page language. Thus, the webpage lacks language identification, potentially hindering proper language processing by browsers and accessibility tools.

Ways to minimize gaps

Nepal Law Commission should proactively take measures to enhance accessibility for individuals with disabilities on its website. Establishing a collaborative framework with organizations of persons with disability to co-create inclusive policies and strategic plans is crucial for this purpose. This aligns with the principles of the Convention on the Rights of Persons with Disabilities (CRPD), specifically emphasizing Article 9 on accessibility.

Furthermore, implementing systematic accessibility audits, conducted in collaboration with experts and representatives from organizations of persons with disability, is essential to promptly identify and rectify digital accessibility shortcomings. This approach ensures not only compliance with CRPD standards but also promotes a more inclusive legal service environment.

To actively involve individuals with disabilities in assessing the accessibility of legal services, the Commission should establish a structured feedback mechanism. Creating channels for users to report challenges faced and suggest improvements will facilitate in a collaborative relationship between the Commission and the community it serves.

Regularly analyzing and addressing user feedback will enable the Commission to adapt and refine its accessibility initiatives based on real-world experiences. This iterative process is essential for ensuring that the Commission's website and services continually meet the needs of individuals with disabilities.

Additionally, the Commission should ensure that academic resources, including books and documents relevant to the study of law, are made accessible in formats suitable for individuals with disabilities. Collaboration with educational institutions, publishers, and organizations of persons with disability to provide materials in accessible formats such as Braille, audio, and electronic text is imperative. The electronic format must be in word document specially in Unicode. This initiative will facilitate the academic advancement of law professionals with disabilities, creating inclusivity in legal education.

Moreover, the Commission should develop and provide accessible documents that explain the current status of the legal system in Nepal in a format suitable for individuals with disabilities. This may include creating audio guides, easy-to-understand textual content, and other accessible formats that enable a broader audience, including persons with disability, to comprehend legal information.

Thus, In forging an inclusive legal landscape, Nepal Law Commission must bridge the accessibility gap for individuals with disabilities. By addressing shortcomings on its website, collaborating with organizations of persons with disability, conducting systematic audits, and ensuring accessible academic resources, the Commission can uphold the principles of equality, justice, and information access embedded in the nation's constitution. Hence, It's high time to make the law truly accessible to all, leaving no room for exclusion in the pursuit of justice.

About the Author

Jalasa Sapkota is a writer, researcher and disability rights activist. Explore Jalasa's complete biography for comprehensive insights into her background, expertise, and accomplishments.

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Cite This Page (APA): Jalasa Sapkota. (2024, January 23 - Last revised: 2024, February 20). Equal Rights, Unequal Access: A Closer Look at the Digital Accessibility Dilemma in Nepal Law Commission. Disabled World. Retrieved September 19, 2024 from www.disabled-world.com/disability/accessibility/nepal-access.php

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