Transcript DDA for an Inclusive Society

DDA for an Inclusive Society
John Johnston
Monday 8 January 2007
Introduction
• The Disability Discrimination Act (DDA) 1995
• The Disability Discrimination Act 2005
• Part 2 – Employment
• Part 3 – Service Providers
• Reasonable Adjustments/Steps
• Inclusive Society/Environment
• Models of Disability
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The Disability Discrimination Act (DDA) 1995
• Unlawful to discriminate against disabled persons in
connection with:
• Employment
• Provision of goods, facilities or services
• Disposal or management of premises, i.e. buying or renting of
land or property
• Employment of disabled persons
• Establishment of a National Disability Council (DRC)
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The DDA 1995
• Part 1
Disability
• Part 2
Employment
• Part 3
Discrimination in other Areas
• Part 4
Education (SENDA 2001)
• Part 5
Public Transport
• Part 6
National Disability Council
• Part 7
Supplemental
• Part 8
Miscellaneous
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The Disability Discrimination Act 2005
• Disability Equality Duty (DED) – 4 December 2006 –
aimed at promoting disability equality across the public sector
– production of a Disability Equality Scheme, which they must
now implement.
• Public transport – timeframes set.
• Discriminatory advertising, i.e. newspapers – liability on
publisher and person placing the advert.
• Part 3 of DDA 1995 – now includes private clubs with 25 or
more members.
• Definition of a disability extended – mental illnesses, HIV
infection, multiple sclerosis, or cancer.
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Part 2 - Employment
• Made it unlawful to discriminate against disabled people in
relation to recruitment and employment.
• Reactive, not an anticipatory duty.
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Part 2 – Employers May Consider…
• When making a reasonable adjustment for an employee or
potential recruit:
– Will it help?
– Is it practicable?
– Cost and disruption.
– Resources available.
– Financial assistance available.
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Part 3 – Service Providers
• Duties are anticipatory, evolving and continuous.
• A service provider has a duty to make reasonable steps to:
– Change policies, practices and procedures.
– Provide auxiliary aids and services.
– Overcome physical features (barriers to access).
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Overcoming Barriers to Access
• Remove the feature
• Alter the feature
• Avoid the feature
• Alternative means
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Reasonable Steps
According to the DRC code of practice for service providers,
these factors will be taken into account:
• Effectiveness of measure
• Practicability
• Cost
• Extent of disruption caused
• Extent of resources available
• Amount already spent
• Availability of grants
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Inclusive Society/Environment
• Accessibility 4 ALL
• Breaking down the barriers between ‘regular’ and ‘specialised’
provision.
• Responding to the greatest diversity of human need possible.
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Medical Model of Disability
Wants to
find a cure
Can’t use hands
Is too short to reach
‘Confined’ to a
wheelchair
Is ‘housebound’
Has fits
Can’t get up steps
Disabled
Person
Can’t see or hear
Has a bitter
attitude
Can’t walk
Needs carers
and help
What is the solution?
Is sick/ill
Can’t understand written
information
Change the person to make them fit in?
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Social Model of Disability
Bad design
Inaccessible
transport
Stereotyping and assumptions
segregation
Patronising attitudes
No sign language
interpreters
No allocated parking spaces
Poverty and low
income
No
handrails or
colour
contrasting
The
Disabling
World
Poor job prospects
No lift
access
Isolation
Written information in
inaccessible formats
Prejudiced attitudes
What is the solution?
Change the environment to remove the barriers.
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Models of Disability
• Medical model = the person is the problem.
– Determines what a person cannot do due to their medical
condition.
– An assumption is made that a disabled person functions at a
lower level than an able bodied person, that he/she is deficient
and will need help to function satisfactorily.
• Social model = the environment is the problem.
– Holds that it is society at large that most disables an individual.
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Summary
• DDA 1995/2005
• Part 2 – Employment - Reactive
• Part 3 – Service Providers - Anticipatory
• Reasonable Adjustments/Steps
• Inclusive Society/Environment – Accessibility 4 ALL
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Questions?
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