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Robert Farrow

Legal definitions of disability

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From Seale (2006), p.12

The move from ICDH to ICF has not necessarily been reflected in discrimination legislation across the world. For example, Lindsay (2004) argues that [page 13] Australian law has yet to respond to the challenges posed by the new international approaches to participation and inclusion, such as the WHO International Classification of Functioning. An inspection of the way in which five international disability discrimination laws define disability reveals certain similarities (see Table 2.1). For example, in both the UK and American Disability Discrimination Acts, disability is defined as either a physical or mental impairment that has a substantial effect on a person’s ability to carry out their day-to-day activities. There are problems with the legal definitions of disability however, in that they have been argued to be overly medically oriented and not entirely inclusive.

Table 2.1 International legal definitions of disability

LegislationDefinitions of disability
UK Disability Discrimination Act (HMSO 1995) A physical or mental impairment that has a substantial and long-term adverse affect on (a person’s) ability to carry out normal day-to-day activities.
UK Special Educational Needs Discrimination Act (HMSO 2001) A person has a disability if he or she has a physical or mental impairment, which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
Section 504 of the 1973 Workforce Rehabilitation Act (US Department of Labour 1973a) A physical or mental impairment that constitutes or results in a substantial impediment to employment; or substantially limits one or more major life activities.
Americans with Disabilities Act 1990 (US Department of justice 1990)

A physical or mental impairment that substantially limits one or more of the major life activities or:

  • holding a record of a physical or mental impairment
  • being regarded (by other employees or employer) as having a physical or mental disability.
Australian Disability Discrimination Act 1992 (Australian Government Attorney-General Department 1992)

Disability, in relation to a person, means:

  • total or partial loss of the person’s bodily or mental functions; or
  • total or partial loss of a part of the body; or
  • the presence in the body of organisms causing disease or illness; or
  • the presence in the body of organisms capable of causing disease or illness; or
  • the malfunction, malformation or disfigurement of a part of the person’s body; or
  • a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
  • a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour.

Update note

The UK definition of disability has been reworded slightly and now refers to a person rather than a disability. It now reads ‘The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities’ (DirectGov, 2010).

Reference

DirectGov (2010) Definition of disability under the Disability Discrimination Act [online], http://www.direct.gov.uk/ en/ disabledpeople/ rightsandobligations/ disabilityrights/ dg_4001069 [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] (accessed 6 May 2010).

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Robert Farrow

World Health Organisation - Definitions of Disability

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Influenced by the social model, the World Health Organization (WHO) began to re-develop its classification (initially called ICDH-2, but now called ICF) in the late 1990s. This new classification facilitates a merge between the medical and social model and attempts to include environmental factors. Disability is now seen as:

an interaction between health conditions and contextual factors where both health and contextual factors may have an influence on the activities a disabled person can perform or the extent to which they can participate in the social world around them (and vice versa).

(WHO 2001)

Disability is therefore understood as the extent to which performance of activities are limited and:

  • activity is defined as everything that a person does;
  • participation is defined as the interaction of impairments, disabilities and contextual factors and comprises all aspects of human life;
  • contextual factors are defined as the complete background to a person’s life and living, including external environmental factors and internal personal factors.

The WHO argue that their new classification now operates a universal rather than a minority model of disability where everyone may have disability; disability is seen as a continuum rather than dichotomous and is understood as multi-dimensional. This universal model is based on the value of inclusion and rejects the view that disability is a defining feature of a separate minority group of people.

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Robert Farrow

Models of Disability

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Different accounts of disability, each of which gives rise to different approaches to accessibility:

Individualistic

Individualistic models of disability are built on the assumption that the problems and difficulties that disabled people experience are a direct result of their individual physical, sensory or intellectual impairments. One key example of this kind of model is the medical model, which views disability in terms of disease processes, abnormality and personal tragedy. With the medical model, disability need arises directly from impairment and the major task of the professional is to adjust the individual to the particular disabling condition.

 

'Charity'

Ten to 15 years ago, this model was accused of portraying disabled people as helpless, sad and in need of care and protection. Such portrayals were argued to be perpetuating damaging stereotypes and misconceptions. More recently, charities have been using more positive images to portray (and thus define) disability.

 

Administrative

Administrative models of disability usually relate to specific areas of life such as education or employment and are used to assess whether or not people are eligible for certain benefits or compensation. The associated definitions of disability are written into legislation with legal implications and are viewed by many to be rigid and dichotomous. The definitions almost always relate to people’s impairments rather than their physical or social environments. Health and welfare professions are often required to work within the framework of administrative definitions, but critics of this model argue that disabled people rarely fit into the neat boxes that administrators provide.

 

Social

The social model of disability, put forward by disability activists, was a move against viewing disabled people as dependent and in need of care (Oliver 1990). Disability was viewed as stemming from the failure of the social and physical environment to take account of disabled people’s needs. The problems of disabled people were therefore not seen as within the individual person, but within society. According to the social model, it is not the individual with a disability that needs to be changed, but society. In the early years of the social model, impairment as a concept or experience was rejected for fear of weakening the argument that altering the environment would solve the difficulties that disabled people faced. There is now, however, a growing acceptance by disability activists and those working in related fields such as assistive technology, that acknowledging impairment does not necessarily undermine the social model.

 

Seale, J. E-Learning and Disability in Higher Education: Accessibility Research and Practice. (Abingdon: Routledge 2006)

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Robert Farrow

HESA Statistics on Disability

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Edited by Robert Farrow, Monday, 27 Sept 2010, 12:53

"Comparable figures for 2008/9 show over 7 per cent (55,245) of UK undergraduates assessed themselves as having a disability. Looking at the breakdown of specific impairments within this group of disabled undergraduates, in 2008/9 dyslexia was the most commonly declared disability (45 per cent), with unseen disabilities (e.g. epilepsy, diabetes, asthma) coming next at 15 per cent. Students who were deaf or had a hearing impairment accounted for 5 per cent, and 10 per cent had multiple disabilities. In 2000/01, 4 per cent declared a mental health disability, which rose to over 6 per cent in 2008/09 (HESA, 2010).

Again these figures should be treated with caution. They may reflect an increase in students’ willingness to disclose a disability, changes in the figures in the general population, changes in support for children in the school system or some other factors. While it is good news that the percentage of deaf students has decreased, that will be of little comfort to an individual deaf student who has to ask yet again for key video material to be subtitled.

If you are working in a country where figures are hard to find or have not been collected, you might consider what other levers there might be for improving or introducing support for disabled students."

Higher Education Statistics Agency (HESA) (2010) Students and Qualifiers Data Tables [online], http://www.hesa.ac.uk/ index.php?option=com_datatables&Itemid=121&task=show_category&catdex=3#disab (accessed 6 May 2010).

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Robert Farrow

Design Ethos - Thinking About Accessibility

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Edited by Robert Farrow, Monday, 27 Sept 2010, 12:52

Slatin (2003) writes the following:

None of us would knowingly build a course Web site that students of color, or students who are women, or students who are men, would be unable to use simply by virtue of their racial or ethnic status or their gender. It should be equally unthinkable for us to design web resources for our classes that are inaccessible to students or colleagues with disabilities simply because of those disabilities. It’s no less morally wrong to discriminate against individuals on the basis of disability than on the basis of race or gender or creed, and it’s no less against the law.

This seems to be a clear example of conflating acts of omission and acts of commission.  Actively discriminating against particular groups is not the same thing as failing to consider them, and certainly not morally equivalent.

Slatin, J. M. Maximum Accessibility: Making Your Website More Usable for Everyone. (Boston: Addison-Welsley, 2002)
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Robert Farrow

Getting 'started'...

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Edited by Robert Farrow, Tuesday, 21 Sept 2010, 11:34

My first impressions of the OU StudentHome are that it's not so easy to use.  Because I took a while to write a blog post I got automatically logged out and so lost my work...

This was so infuriating that I couldn't be bothered to write it again (it was mainly links to useful-looking stuff).  I didn't log in again for over a week!  There were three factors that contributed to this:  frustration over losing work; the fact that I can't use my staff login to access my studying which is irksome and means having to remember another (spectacularly unmemorable) username/password; and having plans over the whole weekend.

It's probably fair to call the first two issues of usability.  If, as an able-bodied and computer literate user I am experiencing problems like these and they are enough to dissuade me from returning to these studies, disabled users must perceive there to be even greater barriers to the success of their studies.

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