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 2.1International legal definitions of disability
Legislation
Definitions 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).
Legal definitions of disability
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
A physical or mental impairment that substantially limits one or more of the major life activities or:
Disability, in relation to a person, means:
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).