Equality and Human Right Commission in relation to Disabled People Mariusz Gruszkiewicz Shrewsbury 2009 Contents 1. Introduction 3 2. Aim of this report 4 3. Definitions an legislations 5 4. Disability Right Commission as formal body to help people in their rights 6 4. Education, employment and health and social care 7 5. Social community, local authorities and charities relating to disabled people 5. 1 Local authorities 5. 2 Social community 5. 3 Charities 8 6. Summary 9 7. Being disability – Summary 2 10 8. Bibliography 11 9.
Appendix 12 1. Introduction Our image of disability is usually taken from mass media, unless we have personal experience of it. These images used to describe disability people can be more awful, “crippling” for them than their physical or mental condition, and can be obscure and deform than communicate the truth, reality truth. For years disabled people knows what it is like to be ignored on any conversation when they was a third person. “Normal” people speak to each other and refer to the third person only in passing.
Only by the table by the meal time someone, sometimes asking about what disabled people need. People with disabilities from years, no longer want to be marginalized by society or to seen as recipients of care. They draw they experiences of the civil rights and started talk about disability pride. They reject the comfort of normality. They are proud when they are and who they are. 2. Aim of this report The term ‘disabled person’ covers people with a wide range of disabilities and health conditions – from a visual impairment to arthritis, cancer, multiple sclerosis, heart disease, depression, Downs Syndrome and diabetes. there are over 10 million disabled people in Britain; of which, 4. 6 million are over State Pension Age and 700,000 are children – disability increases with age: only 10% of adults aged 16-24 are disabled, while one third of people between the age of 50 and retirement age are disabled – by 2020 58% of people over the age of 50 will have a long term health condition (Family Resources Survey 2003-2004).
This report, case study wants to, in quick and short version shows, how anty-discrimination legislation in United Kingdom enables disability people to participate in they economic, social and the society life. 3. Definitions and legislations In UK main legal act for disabled people is Disabled Discrimination Act 1995 and Disabled Discrimination Act 2005 The definitions of „disability” and „disabled” persons labelled in UK show DDA 1995 and DDA 2005. By these Acts – “a person has a disability if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities”.
And “’disabled person’ means a person who has a disability”. DDA 2005 specified, that “mental impairment” as mental illness which must be clinically well-recognized and added “a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person”. Regarding above Acts, in UK we can distinguish list of disabilities (which they includes own class/band types of disabilities): – developmental disabilities – mental disabilities – physical disabilities – other disabilities 4.
Disability Right Commission as formal body to help people in their rights The Equality and Human Rights Commission opened on 1 October 2007 (covering closed 28. 09. 2007, Disability Right Commission, Commission For Racial Equality and Equal Opportunities Commission). A key aim of the commission is to end discrimination and harassment of people because of their disability, age, religion or belief, race, gender, or sexual orientation. Disability Right Commission says on the web page: “Our job is to promote equality and human rights, and to create a fairer Britain.
We do this by providing advice and guidance, working to implement an effective legislative framework and raising awareness of your rights”. Basic on the DDA and Human Rights Act 1998, the main aims DRC are: – to work to elimination of discrimination – to investigate discrimination and ensure legal complies – to advice government on law – to prepare codes of practice – to advice business – to facilitate independent conciliation between service providers and disabled people (access to goods and services) The Commission is supported by law to have a Disability Committee.
This was considered necessary by the Government because of the highly distinctive nature of disability equality law, in particular the duties to make reasonable adjustments, and the complex technical and ethical issues associated with promoting disability equality. The Disability Committee has decision-making powers in relation to those matters, which solely concern disability, and the Commission must seek the advice of the Committee on all matters, which relate to disability in a significant way. . 1 Education, employment and health and social care Disabled people like other people basic on the law regulations have guaranteed opportunity to full access to be properly educated, being employing and full access to needed social care and covered helps and needs in their health. Relating those, Commission and Committee, standing under DDA and HRA as a guard, realizing help for disabled people with every area of complies about access and being treat fairly at workplace, school or goods. One word…
One of the biggest problems faced by many disabled people in workplace, access to education and health service, goods – is appropriate infrastructure; for example, special ramps for wheelchairs or provision for documents written in Braille. Other examples are special schools, special education. In one way we got a government with adequate anty-discrimination law and by the other side we got a special school where we learn our children in special places, making the same some kind of discrimination. But we need to be honest and judgement this case by those children needs, condition and sometimes parental situations. . Social community, local authorities and charities relating to disabled people 5. 1 Local authorities Local authorities are representative by law for making a local help disabled people in their lives. This included formal help as advice or material help as some allowance, benefits, etc. (www. hmr. gov. uk). Local authorities to make assessments to each disabled person’s needs. These needs should be met in the appropriate way for that person. In practice, needs are met in the way with restricted budget. 5. 2 Social community
Social community is usually un-formal social structure that shares personal, cultural values, business goals, attitudes, or a worldview. Community is affinity, identity, and kinship that make room for ideas, thoughts, and solutions. Common point of community is fact that they working as volunteer, from familities to friendships, sharing experiences and interactions with groups as of like-minded individuals connected by interactions with disabled. 5. 3 Charities Charity organizations are a type of non-profit organization (NPO) as a public charity (also foundation or a private foundation.
Types of NPOs in that its focus is centred on goals of a general philanthropic (e. g. educational, religious, charitable, or other activities regarding common good or public interest). The regulation, tax treatment, and the way in which charity law affects charitable organizations (in the UK Charity Act 1996). Charity as organization which helps disabled people, the main point standing law advice in every aspect of normal, formal life. They also makes an effect with own shops and sales places, selling peoples goods (such like clothes, books, memorabilia’s, CD etc).
Benefits from these sales are provident to own statutory. 6. Summary Regarding all statutory law, mission and perception, Equal Commission of Human Rights should stand by disabled people and what are important – stays! Of course some disabled people can complains that sometimes help do not come adequately with the situation; too slow, that times makes bureaucracy or just that help do not comes at all (but did they gives a report to advice? ). We need to answered also – did one Commission is enough as representative all disabled people in UK? I thing the main answer is – not quantinity but affectivity!