SpainReal Decreto Legislativo 1/2013, duty not to discriminate against persons with disabilities in goods and services available to the public, reasonable adjustments and accessibility conditions for information society services (Articles 2(m), 24, 29, 63, 66, 74 to 77, 86 and additional provision 3)
In force since .
A disability discrimination rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
What it requires
- If you supply goods or services available to the public, in the public or the private sector, observe equal opportunities for persons with disabilities and avoid direct or indirect discrimination on grounds of disability (Real Decreto Legislativo 1/2013, Art. 29(1)).
- Make the reasonable adjustment a person with a disability needs in a particular case, unless it imposes a disproportionate or undue burden judged by its costs, the discriminatory effect of not adopting it, your structure and characteristics and the funding available; failing to make a reasonable adjustment is discrimination (Arts. 2(m), 63 and 66(2)).
- Meet the basic accessibility and non-discrimination conditions that regulation sets for information society technologies, products and services and for social communication media (Art. 24(1); additional provision 3(1)(a)), and for goods and services available to the public (Art. 29(4); additional provision 3(2)).
- Treat a person with a disability differently in access to goods and services only where a legitimate purpose justifies it and the means are appropriate, proportionate and necessary (Art. 29(3)); your freedom to choose the other party stays unaffected where the choice is not determined by disability (Art. 29(2)).
- Where a claimant shows well-founded indications of disability discrimination, be ready to supply an objective and reasonable justification of your conduct and of its proportionality, sufficiently proved (Art. 77(1)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The autonomous community authorities under their own infringement regimes, and the central State administration where the conduct extends beyond one autonomous community (Real Decreto Legislativo 1/2013, Articles 78 and 94)
What this law does
Article 29(1) obliges every natural or legal person that, in the public or the private sector, supplies goods or services available to the public to observe equal opportunities for persons with disabilities and to avoid direct or indirect discrimination. Article 29(2) leaves freedom of contract unaffected, including the choice of the other party, provided the choice is not determined by disability.
Article 29(3) admits differences of treatment justified by a legitimate purpose where the means are appropriate, proportionate and necessary. Article 63 treats a failure to meet accessibility requirements and to make reasonable adjustments as a violation of the right to equal opportunities. Article 2(m) provides that failing to make a reasonable adjustment is discrimination on grounds of disability.
Article 66(2) judges whether an adjustment is reasonable by its costs, the discriminatory effect of not adopting it, the structure and characteristics of the person or entity that must implement it, and the possibility of public funding or other aid.
Article 24 and the third additional provision, paragraph 1(a), set for new ones and for existing ones that can be made subject to reasonable adjustments as the latest dates from which the basic accessibility and non-discrimination conditions for information society technologies, products and services and for any social communication medium are enforceable.
For goods and services available to the public that are privately owned and not contracted or supplied by the administrations, the third additional provision, paragraph 2, sets for new ones and for existing ones that can be made subject to reasonable adjustments as the latest dates of enforceability. Article 86 gives a person who suffers disability discrimination in access to goods and services a right to compensation for the damage suffered.
Article 75(2) provides that the compensation is not limited by a ceiling fixed in advance and that moral damage is compensated even without economic loss. Article 76 lets legal persons authorized to defend collective rights and interests act in a proceeding on behalf of the persons who authorize them.
Article 77(1) requires the defendant, once the claimant shows well-founded indications of discrimination, to supply an objective and reasonable justification of its conduct that is sufficiently proved. Article 74(1) lets consumers and users with disabilities submit equal-opportunity and non-discrimination complaints in consumer matters voluntarily to the consumer arbitration system.
Real Decreto 193/2023, which regulates those conditions for goods and services available to the public, makes them enforceable for the other new privately owned goods and services on (sixth final provision).
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
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