Creating accessibility in the mobility sector

Recommendations for further developing the legal framework and eliminating implementation deficits

Following the inclusion of the prohibition of discrimination in the German Basic Law, the Federal Government implemented a paradigm shift in disability policy in 2002 with the Disability Equality Act (BGG). Since then, the focus has been on the right of people with disabilities to self-determined and equal participation in social life, and no longer - as before - on the care and provision of disabled people and those with limited mobility. In order to achieve this goal, unrestricted usability of all organised areas of life must be guaranteed. Of course, this also includes all aspects of barrier-free mobility. Numerous laws have been passed or amended in this area in recent years.

As there was hardly any reliable information on the legal regulations and supplementary planning instruments with regard to their effectiveness in practice, the STUVA and its partners were commissioned by the BMDV to analyse them and develop recommendations for action. The aim of the research project (FE 70.0898) was to evaluate the implementation status and effects of legal provisions, planning instruments, technical regulations and other factors (e.g. public relations work) for achieving accessibility in the area of mobility in retrospect (‘ex-post’) with regard to practical implementation and to develop practice-oriented recommendations for action.

A comprehensive document and literature analysis was therefore first carried out to analyse the relevant legislation, technical standards, instruments and further recommendations and measures that do not fall directly within the regulatory scope of the BGG. The practical conditions and practical experience were then analysed on the basis of a comprehensive impact analysis using specific case studies for various key areas in the field of mobility in order to identify positive and negative developments. At the same time, representatives of organisations representing people with disabilities were comprehensively interviewed. In addition, other stakeholders were involved in the evaluation via a project advisory board and two workshops with experts.

The results show that considerable improvements have already been achieved in the area of barrier-free mobility since the BGG was enacted in 2002. The legal framework has largely been finalised, but there is a need to tighten up individual areas. The analysis revealed deficits above all in the concrete implementation of the legal requirements. Based on the results of the evaluation and with the participation of the stakeholders, recommendations for action were developed that provide guidance for the further development of the legal framework at federal and state level, address other stakeholders in addition to the federal government and make practical suggestions for remedying the implementation deficits identified.

The research report with annexes can be downloaded at www.fops.de/forschungserbenisse (under project number FE 70.0898).