Web Accessibility Laws in South America: A Growing Movement Toward Digital Inclusion

Web Accessibility Laws in South America: A Growing Movement Toward Digital Inclusion

While North America and Europe have established comprehensive web accessibility frameworks, South American countries are increasingly recognizing the importance of digital inclusion and implementing their own accessibility legislation. This article explores the evolving landscape of web accessibility laws across South America, examining current requirements, implementation challenges, and the path forward for organizations operating in these markets.

The State of Digital Accessibility in South America

South America is home to over 430 million people, with an estimated 85 million individuals living with some form of disability. As internet penetration continues to grow across the continent—reaching over 70% in many countries—ensuring digital accessibility has become a critical social and economic priority.

Unlike the unified approach seen in the European Union through directives like the Web Accessibility Directive, South American countries have developed their accessibility frameworks independently. This has resulted in varying levels of maturity, enforcement, and technical requirements across the region. However, a common thread connects these efforts: the recognition that digital accessibility is a fundamental human right tied to broader disability rights legislation.

Brazil: Leading the Way in Latin America

Brazil stands as South America's leader in web accessibility legislation, with the most comprehensive and mature framework on the continent.

Legal Framework: Brazil's accessibility requirements stem from multiple sources. The Brazilian Inclusion Law (Law 13.146/2015), also known as the Brazilian Law of Inclusion of Persons with Disabilities, establishes broad rights for people with disabilities, including explicit provisions for digital accessibility. The law mandates that websites, particularly those of government agencies and public services, must be accessible.

The e-MAG (Electronic Government Accessibility Model) provides specific technical guidelines for Brazilian government websites. Based on the Web Content Accessibility Guidelines (WCAG) 2.0, e-MAG adapts international standards to the Brazilian context, considering local language requirements, cultural factors, and common assistive technologies used in Brazil.

Who Must Comply: Federal, state, and municipal government websites must comply with e-MAG standards. The law also extends to private companies providing public services and organizations receiving government funding. E-commerce sites and digital banking services face increasing pressure to ensure accessibility, though enforcement has been inconsistent.

Technical Requirements: Brazilian standards reference WCAG 2.0 Level AA as the baseline, though discussions about updating to WCAG 2.1 or 2.2 are ongoing. Requirements include providing text alternatives for images, ensuring keyboard navigation, maintaining sufficient color contrast, providing captions for videos, and creating accessible forms and error handling.

Enforcement and Penalties: Brazil's Public Ministry has authority to investigate complaints and enforce accessibility requirements. Non-compliant government websites can face legal action, mandatory remediation orders, and in some cases, financial penalties. Private sector enforcement has been less systematic but is increasing through consumer protection laws and disability rights litigation.

Argentina: Comprehensive Legislation with Implementation Challenges

Argentina has established strong legal foundations for web accessibility, though implementation and enforcement face ongoing challenges.

Legal Framework: Law 26.653, enacted in 2010, mandates that all websites of national government agencies and organizations that receive state funding must comply with international accessibility standards. The law specifically references WCAG guidelines as the technical standard.

Decree 355/2013 provided implementing regulations, establishing deadlines and specific compliance requirements. The Argentine Office of Information and Communication Technologies (ONTI) provides technical guidance and resources for government agencies implementing accessibility standards.

Coverage and Scope: The law applies to national government websites, state-owned companies, and organizations receiving public funds. Provincial and municipal governments have varying levels of compliance, with some provinces enacting their own complementary legislation.

Implementation Reality: Despite strong legislation, Argentina faces significant implementation challenges. Many government websites remain non-compliant, and enforcement mechanisms lack resources. However, awareness is growing, and newer government digital services increasingly incorporate accessibility from the design phase.

Best Practices and Resources: Organizations likea11ycore.orgprovide valuable resources that Argentine developers and organizations can use to understand and implement accessibility best practices, helping bridge the gap between legislation and practical implementation.

Chile: Progressive Steps Toward Digital Inclusion

Chile has made steady progress in establishing web accessibility requirements, particularly for government digital services.

Legal Framework: Law 20.422, enacted in 2010 and modified in subsequent years, establishes norms on equal opportunities and social inclusion for people with disabilities. Article 26 specifically addresses accessibility of websites and digital services.

Technical Standard NCh 3102, published in 2016, establishes accessibility requirements for websites based on WCAG 2.0 Level AA. The standard applies primarily to public sector websites but increasingly influences private sector development.

Government Digital Services: Chile's Digital Government initiatives have prioritized accessibility. The Ministry of Social Development and Family provides guidelines and technical support for government agencies implementing accessible digital services. The Digital Transformation Unit offers design systems and reusable components built with accessibility in mind.

Private Sector Engagement: While legal requirements focus on the public sector, Chile's business community shows growing interest in accessibility. Major banks, telecommunications companies, and e-commerce platforms have begun accessibility initiatives, driven by both social responsibility and market opportunity.

Education and Awareness: Chilean universities increasingly include accessibility in computer science and design curricula. Organizations conduct workshops and training sessions to build capacity among developers and designers, creating a foundation for sustainable accessibility implementation.

Colombia: Emerging Framework with Strong Potential

Colombia's approach to web accessibility reflects the country's broader commitment to disability rights and social inclusion.

Legal Framework: Law 1712 of 2014 (Transparency and Access to Public Information Law) includes provisions requiring government websites to be accessible. Law 1618 of 2013 establishes general provisions to guarantee the full exercise of rights for people with disabilities, including digital accessibility.

Resolution 1519 of 2020, issued by the Ministry of Information Technologies and Communications, establishes technical requirements for government websites based on WCAG 2.1 Level AA. This represents one of the more recent and updated standards in South America.

Technical Standards: Colombia explicitly requires WCAG 2.1 Level AA compliance for government websites, making it one of the few South American countries to reference the more recent WCAG version. Requirements include mobile accessibility, a growing priority as many Colombians access the internet primarily through smartphones.

Implementation and Monitoring: Colombia's Digital Government Authority (Directorate of Digital Government) monitors compliance and provides technical assistance. The country has established accessibility testing protocols and regularly publishes reports on government website compliance.

Peru: Building Accessibility Infrastructure

Peru has established legal requirements for web accessibility, with ongoing efforts to improve implementation and enforcement.

Legal Framework: Supreme Decree 001-2015-MIMP approves the regulations of Law 29973, the General Law of Persons with Disabilities. These regulations include provisions for web accessibility, requiring public institutions to ensure their digital services are accessible.

Technical Standard NTP 399.002:2012 establishes accessibility requirements for websites, based on WCAG 2.0. The standard applies to government websites and is recommended for private sector organizations.

Implementation Initiatives: Peru's National Council for the Integration of Persons with Disabilities (CONADIS) provides guidance and promotes accessibility awareness. Government modernization initiatives increasingly incorporate accessibility requirements from the planning stage.

Challenges: Like many South American countries, Peru faces resource constraints and capacity gaps in implementing accessibility requirements. Rural-urban divides in internet access and digital literacy compound these challenges.

Other South American Countries: Varying Approaches

Uruguay: Has incorporated accessibility requirements into its digital government strategy, referencing WCAG standards. The Agency for e-Government and Information Society (AGESIC) provides technical guidance for government agencies.

Ecuador: The Organic Law on Disabilities (2012) includes provisions for accessible information and communications technology. Implementation focuses primarily on government websites, with varying levels of compliance.

Venezuela: Has established accessibility requirements through various decrees and regulations, though economic and political challenges have limited implementation and enforcement.

Bolivia, Paraguay, and Other Countries: These nations have begun addressing digital accessibility through disability rights legislation, though specific web accessibility requirements and enforcement mechanisms are less developed.

Understanding WCAG in the South American Context

Most South American countries that have established web accessibility standards reference the Web Content Accessibility Guidelines (WCAG) as their technical foundation. Understanding these guidelines is essential for organizations operating in the region.

WCAG Principles: As referenced in our comprehensive guides onglobal accessibility lawsandEuropean accessibility requirements, WCAG is organized around four fundamental principles:

1. Perceivable: All users must be able to perceive information, regardless of sensory abilities. This includes providing text alternatives for images, captions for videos, and ensuring color isn't the only way information is conveyed.

2. Operable: Users must be able to operate interface components using various input methods. Keyboard accessibility is particularly important in South America, where many assistive technology users rely on keyboard navigation due to the cost of specialized input devices.

3. Understandable: Content must be readable and predictable. For South American websites, this includes considerations for language variants (Brazilian Portuguese vs. European Portuguese, for example) and ensuring error messages and instructions are clear in local Spanish or Portuguese.

4. Robust: Content must work with current and future assistive technologies. This is especially important in South America, where users may have older devices or use screen readers that are several versions behind current releases.

Level AA Compliance: Most South American legislation requires WCAG Level AA compliance, which includes all Level A criteria plus additional requirements that address the most common and significant barriers for people with disabilities.

Localization Considerations: Implementing WCAG in South America requires attention to local contexts. This includes ensuring screen readers work well with Spanish and Portuguese content, considering common assistive technologies used in the region, addressing mobile-first design given high mobile usage, and accounting for varying internet speeds and bandwidth limitations.

Implementation Strategies for South American Markets

Organizations operating in or serving South American markets should adopt comprehensive strategies for accessibility compliance.

Design Systems for Accessibility: Building accessible design systems ensures consistency across all digital properties. This includes establishing color palettes with sufficient contrast ratios that work well on various devices and screen conditions, creating reusable components with proper semantic HTML and ARIA labels, documenting accessibility patterns specific to South American user needs, and considering mobile-first design given the prevalence of mobile internet access.

Resources froma11ycore.orgprovide valuable guidance for implementing accessible design systems that work across different markets and contexts.

React and Modern Frameworks: Many South American organizations use modern JavaScript frameworks like React for web development. Ensuring these applications are accessible requires managing focus appropriately during navigation, providing keyboard alternatives for all interactions, announcing dynamic content changes to screen readers, and testing with both Spanish and Portuguese screen reader configurations.

Testing Across Assistive Technologies: Accessibility testing in South America should account for the assistive technologies commonly used in the region. While tools like JAWS and NVDA are widely used globally, testing should also include mobile screen readers (VoiceOver on iOS, TalkBack on Android), which are often the primary assistive technology for many users, and consideration of older technology versions that may still be in use.

Creating Case Studies and Documentation: Organizations should document their accessibility implementation journeys, creating case studies that demonstrate both successes and challenges. These resources help build regional knowledge and provide practical examples for other organizations.

Training and Capacity Building: Investing in accessibility education for design and development teams is essential. This includes workshops on WCAG principles and techniques, training on testing with assistive technologies, education about disability experiences and assistive technology use, and ongoing professional development as standards evolve.

The Business Case for Accessibility in South America

Beyond legal compliance, accessible websites offer significant advantages in South American markets.

Market Opportunity: With 85 million people with disabilities in South America, accessible websites tap into a substantial and underserved market. Many people with disabilities have significant purchasing power and brand loyalty to companies that serve them well.

Mobile-First Benefits: South America has high mobile internet usage, with many users accessing the web primarily through smartphones. Accessibility features like proper touch target sizing, clear navigation, and efficient code that loads quickly on slower connections benefit all mobile users while ensuring accessibility.

SEO Performance: Search engines favor accessible websites. Proper heading structure, descriptive alternative text, semantic HTML, and clear navigation all improve search rankings while simultaneously improving accessibility. This is particularly valuable in competitive South American e-commerce and service markets.

Competitive Advantage: As awareness of accessibility grows in South America, organizations that prioritize accessibility gain competitive advantages. Being known as an accessible, inclusive brand builds positive reputation and customer loyalty.

Government Contracting: Organizations seeking government contracts in countries like Brazil, Argentina, and Chile increasingly must demonstrate accessibility compliance. Proactive accessibility implementation opens doors to public sector opportunities.

Common Challenges and Solutions

Organizations implementing accessibility in South America face several common challenges.

Limited Local Resources: Many South American countries have limited local expertise in web accessibility.Solution: Invest in training existing team members, leverage international resources and communities, and partner with accessibility specialists who can provide remote consulting and training.

Budget Constraints: Accessibility improvements can seem costly, particularly for smaller organizations.Solution: Prioritize accessibility from the design phase, which is far less expensive than retrofitting. Use open-source tools and resources. Implement changes incrementally, addressing the most critical barriers first.

Varying State of Enforcement: Inconsistent enforcement across countries and levels of government can reduce urgency.Solution: Focus on the ethical and business cases for accessibility rather than solely on compliance. Build accessibility into organizational values and standard practices.

Technical Infrastructure Limitations: Some areas have slower internet speeds and users have older devices.Solution: Optimize website performance alongside accessibility. Use progressive enhancement approaches. Test on a range of devices and connection speeds common in the target market.

Language and Cultural Considerations: Ensuring accessibility works well with local Spanish and Portuguese variants requires attention.Solution: Test with native speakers using assistive technologies. Consider regional vocabulary and phrasing in alternative text and labels. Ensure forms and error messages are clear in local language variants.

The Future of Web Accessibility in South America

The trajectory of web accessibility legislation and implementation in South America points toward continued growth and maturation.

Harmonization Efforts: There is growing discussion about harmonizing accessibility standards across South American countries, potentially through regional organizations like MERCOSUR or the Union of South American Nations. This could simplify compliance for organizations operating across multiple countries.

Private Sector Requirements: While current legislation focuses primarily on public sector websites, trends suggest increasing requirements for private companies, particularly those providing essential services like banking, telecommunications, and e-commerce.

Updated Standards: Countries are beginning to reference newer WCAG versions. Expect movement from WCAG 2.0 to WCAG 2.1 and eventually WCAG 2.2, bringing enhanced requirements for mobile accessibility and cognitive accessibility.

Enforcement Maturation: As awareness grows and civil society organizations become more active in advocating for digital accessibility, enforcement is likely to strengthen. Organizations that act proactively will be better positioned than those waiting for enforcement actions.

Technology Innovation: South American tech communities are increasingly innovative. Expect locally-developed accessibility tools, testing platforms, and solutions tailored to regional needs and contexts.

Practical Compliance Roadmap

Organizations should follow a systematic approach to achieving accessibility compliance in South American markets:

1. Assess Current State: Conduct comprehensive accessibility audits of existing digital properties against WCAG 2.1 Level AA standards. Identify critical barriers that affect the largest number of users.

2. Prioritize and Plan: Create a remediation roadmap that addresses the most significant barriers first. Set realistic timelines based on available resources. Build accessibility requirements into future development projects from the planning stage.

3. Build Capacity: Train design and development teams on accessibility principles and techniques. Establish accessibility as a core competency within the organization. Consider certification programs for key team members.

4. Implement and Test: Remediate identified barriers systematically. Test fixes with actual assistive technologies. Include users with disabilities in testing when possible to get authentic feedback.

5. Document and Communicate: Create accessibility statements explaining commitment and compliance status. Provide clear feedback mechanisms for users to report accessibility issues. Publish case studies sharing lessons learned.

6. Monitor and Maintain: Establish ongoing testing processes to catch new issues. Include accessibility in quality assurance and code review processes. Stay current with evolving standards and best practices.

Conclusion

Web accessibility in South America represents a growing movement toward digital inclusion, with countries at various stages of implementing comprehensive frameworks. While challenges remain—from resource constraints to inconsistent enforcement—the trajectory is clear: accessible digital experiences are becoming expected standards rather than optional features.

Organizations operating in South American markets have both an opportunity and an obligation to prioritize accessibility. By understanding the legal landscape, implementing best practices, and viewing accessibility as integral to digital strategy rather than a compliance checkbox, organizations can create inclusive experiences that serve all users while positioning themselves for success in these dynamic markets.

The convergence of legal requirements, ethical imperatives, and business advantages makes accessibility essential for any organization with a digital presence in South America. As standards mature and enforcement strengthens, proactive organizations will lead the way in creating a more inclusive digital future for the continent.

For comprehensive guidance on implementing accessibility across global markets, explore additional resources ata11ycore.org, including our guides onADA complianceandEuropean accessibility laws.