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Enabled?: recommendations for change to the Disability Discrimination Act in Northern Ireland
- Author:
- EQUALITY COMMISSION FOR NORTHERN IRELAND
- Publisher:
- Equality Commission for Northern Ireland
- Publication year:
- 2003
- Pagination:
- 77p., bibliog.
- Place of publication:
- Belfast
Legislation alone cannot create equality or change attitudes, but it can set clear standards of behaviour and provide redress for individuals who have met injustice and prejudice at the hands of others. The Disability Discrimination Act 1995 acknowledged in law the existence of discrimination on grounds of disability and the need for legal remedies to counter it. This was in marked contrast to earlier official views that any disadvantage experienced by disabled people was a natural result of their particular impairments, rather than the practice of discrimination. In Northern Ireland, work is underway to develop single equality legislation, and these recommendations for change to the DDA are consistent with the objective of seeking harmonised anti discrimination legislation, which gives full and effective protection of the civil rights of all protected groups.
Disability discrimination reforms in education: could do better?
- Authors:
- BLAIR Ann, LAWSON Anna
- Journal article citation:
- Child and Family Law Quarterly, 15(1), 2003, pp.41-55.
- Publisher:
- Jordan Publishing
Examines some of the implications of the extension of the Disability Discrimination Act 1995 to education as brought about by the Special Educational Needs and Disability Act 2001. It focuses on inconsistencies in the new scheme and draws attention to the relative under-recognition of the rights of disabled children. provision of the Education Act 1996
Disability equality: making it happen; first review of the Disability Discrimination Act 1995
- Author:
- DISABILITY RIGHTS COMMISSION
- Publisher:
- Disability Rights Commission
- Publication year:
- 2003
- Pagination:
- 92p.
- Place of publication:
- Stratford upon Avon
Legislation alone cannot create equality or change attitudes. However, it can set clear standards of acceptable behaviour and provide redress for individuals who have suffered injustice at the hands of others. The Disability Discrimination Act (DDA) was the first formal acknowledgement in law of the existence of disability discrimination and the need for legal remedies to counter it. In this sense, the DDA has undoubtedly been a milestone rather than a millstone, to echo some of the comments of the time. Nevertheless, it was – and remains – limited in comparison with a full civil rights vision and flawed in some fundamental ways. The DDA has already been significantly strengthened since its passage in 1995. The Disability Rights Commission was established in April 2000 and the Special Educational Needs and Disability Act 2001 remedied one of the most substantial gaps in the law.
Courtesy stigma and the ADA: an analysis of third-party discrimination
- Authors:
- O'BRIEN Gerald V., REYNOLDS Christina
- Journal article citation:
- Journal of Social Work in Disability and Rehabilitation, 2(4), 2003, pp.65-79.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
A seldom-discussed element of the Americans with Disabilities Act (ADA) of 1990 provides a degree of employment protection to the relatives and close associates of persons with disabilities, if these relatives or associates have been subject to adverse employment action because of this relationship. This paper describes this “third-party discrimination,” and analyzes important court cases related to it. (Copies of this article are available from: Haworth Document Delivery Centre, Haworth Press Inc., 10 Alice Street, Binghamton, NY 13904-1580).
The legal road to rights?: disabling premises, obiter dicta and the Disability Discrimination Act 1995
- Author:
- ROULSTONE Alan
- Journal article citation:
- Disability and Society, 18(2), March 2003, pp.117-131.
- Publisher:
- Taylor and Francis
This article offers a critical exploration of the current limits of the law in establishing and maintaining the rights of disabled people. By offering a critical jurisprudence perspective and applying this to the Disability Discrimination Act 1995, the article highlights the way in which pre-existing social dynamics underpin the manufacture and application of law. Despite the growth of social constructionist, realist, critical and post-modern views of laws, the continued power of natural and positivist views of laws as a supra-social code helps explain the current limits to anti-discrimination law. It is argued that, as a socially created phenomenon, law can be radically reconstructed. However, unless a fundamental reappraisal of law is undertaken, the Disability Discrimination Act and related legislation is likely to remain severely constrained.
Acting against discrimination
- Author:
- KINRADE Steve
- Journal article citation:
- Professional Nurse, 18(12), August 2003, pp.714-715.
- Publisher:
- Emap Healthcare
Reports on a survey which interviewed people with a variety of disabilities on their experiences in hospital. Results revealed that their needs were often not met and that they felt staff had negative views of disabled people.
Discrimination and delusional ideation
- Authors:
- JANSSEN I., et al
- Journal article citation:
- British Journal of Psychiatry, 182(1), January 2003, pp.71-76.
- Publisher:
- Cambridge University Press
In the UK and The Netherlands, people with high rates of psychosis are chronically exposed to discrimination. A 3-year prospective study of cohorts with no history of psychosis and differential rates of reported discrimination on the basis of age, gender, disability, appearance, skin colour or ethnicity and sexual orientation was conducted in the Dutch general population (n=4076). The main outcome was onset of psychotic symptoms (delusions and hallucinations). The rate of delusional ideation was 0.5% (n=19) in those who did not report discrimination, 0.9% (n=4) in those who reported discrimination in one domain, and 2.7% (n=3) in those who reported discrimination in more than one domain (exact P=0.027). This association remained after adjustment for possible confounders. No association was found between baseline discrimination and onset of hallucinatory experiences. Perceived discrimination may induce delusional ideation and thus contribute to the high observed rates of psychotic disorder in exposed minority populations.
Attitudes to discrimination in Scotland
- Authors:
- BROMLEY Catherine, CURTICE John
- Publisher:
- Scotland. Scottish Executive. Social Research
- Publication year:
- 2003
- Pagination:
- 82p.,tables.
- Place of publication:
- Edinburgh
This research has been instigated and developed collaboratively by a team involving representatives from the Commission for Racial Equality, Disability Rights Commission, Equal Opportunities Commission, Stonewall Scotland, the Scottish Executive and NatCen Scotland. The research is designed to answer three questions: what do Scots themselves believe is the extent of discriminatory attitudes in Scotland?; what is the extent and character of discriminatory attitudes in Scotland; and why do people hold discriminatory attitudes? These questions covered attitudes towards four groups: women, minority ethnic groups, disabled people, and gay men and lesbians.
Beyond good intentions: making anti-discrimination strategies work
- Author:
- SAYCE Liz
- Journal article citation:
- Disability and Society, 18(5), August 2003, pp.625-642.
- Publisher:
- Taylor and Francis
This article seeks to explore some key questions about effectiveness in anti-discrimination work: what do we know of what works to reduce discrimination faced by disabled people? It takes, as its key focus, current work to reduce discrimination experienced by people who use mental health services, in Britain and internationally. It also looks at initiatives in wider disability communities. It argues on the basis of available evidence that initiatives are most likely to succeed if they effectively challenge the power that underpins discrimination, aim to transform beliefs amongst those with the power to discriminate, intervene carefully in the different components of 'discrimination', drawing on evidence of effectiveness and work within a comprehensive framework for ongoing anti-discrimination work. This means targeting anti-discrimination work at different levels and different sectors, working with a range of different organisations and groups, rather than dispersing resources through ad hoc, one-off mini-initiatives. There is no single solution to discrimination, but different elements of potential 'solutions' exist. What is needed is to bring different strands of work together. In particular, it would be helpful to forge a stronger synthesis between, on the one hand, securing legislative improvement and enforcement, and on the other, promoting the universal benefits of a more inclusive society. Each complements the other.
Some will be more equal that others in proposed anti-discrimination body
- Author:
- GILLEN Sally
- Journal article citation:
- Community Care, 13.3.03, 2003, pp.18-19.
- Publisher:
- Reed Business Information
Looks at the plans to have a single body to replace existing commissions and tackle age, disability, religious and anti-gay discrimination, and the concerns this has raised.