The definition of disability under the Equality Act 2010 is absolute (and protects an individual from discrimination) if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do general daily activities.
The UK’s failure to incorporate the UNCRPD into domestic law, reinforces the regressive medical model of disability. Due to the dualist nature of the British Constitution, and since the Convention has not been enacted into domestic law by an Act of Parliament, disabled claimants cannot rely on it in the British Courts. Therefore, disabled people must rely on the UK’s anti-discrimination legislation, such as the Equality Act 2010, before attempting to convince courts to use the CRPD in interpreting relevant key concepts.
The Social Approach to Disability
The Social Approach to Disability includes people’s views, opinions and attitudes. It has been the prominent approach to disability over the last 30+ years.
It was developed by disabled people based on real life experience of discrimination, inclusion and challenging disabling barriers. It is outward looking and focused on the things in society that can be changed or improved, like, the environment, information, communications and people’s attitudes.
It’s a problem solving approach which gives disabled people greater control over vital, even basic decisions, like, from what time to get out of bed on a morning to employability and education choices.
This approach enables you to better understand how reasonable adjustments can be implemented. It also focuses on the things you can influence or change and promotes valued skills.
Why is the wheelchair the only emblem used to represent disability?
How does this approach disable you?
Disability is seen as a social construct not a medical one. We’re vulnerable to people’s perceptions, mindsets, assumptions, behaviours, attitudes, views, prejudices, labels, stereotypes, and opinions.
Disabled people aren’t seen as equal. We’re seen as inferior. Our limitations are amplified over our voices.
Disability Reframed vs. Disability Debunked
Disability Debunked is about dismantling stereotypes surrounding the disabled and look at our world through a disability lens.
For example, DEBUNK DISABILITY: ADA30. Stop the messaging that individuals are broken, in need of healing, not whole, or sick.
Disability Reframed is a need for societal re-education on disability. It combines self-learning with open dialogue and conversation to create a space where decades-old attitudes towards disability, disabled lives, and disabled people are dismantled, examined, and then thoughtfully rebuilt. In other words, we are redefining disability.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavourably because she has a disability. Disability discrimination also occurs if an employer fails to provide reasonable accommodations to job applicants and employees who need them to apply for a job, do a job, or enjoy equal benefits and privileges of employment, unless doing so would cause significant difficulty or expense for the employer; when an employer discriminates against an employee due to an association with an individual with a disability; and when an employer harasses or fails to stop the harassment of an employee on the basis of a disability.
The development of disability discrimination laws signified the adoption of a public policy committed to the removal of a broad range of impediments to the integration of people with disabilities into society. This is what disables you!