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Fighting discrimination through litigation in the UK: the social model of disability and the EU anti discrimination directive
- Author:
- VANHALA Lisa
- Journal article citation:
- Disability and Society, 21(5), August 2006, pp.551-565.
- Publisher:
- Taylor and Francis
The enactment of British and European legislation establishing rights for disabled people is an important step in combating discrimination and social exclusion. However, rights remain empty promises if they are not enforced. Litigation and test case strategies have become an important way of enforcing rights. This article explores why organizations might turn to the courts to achieve their policy goals and finds that this phenomenon is best explained not by the creation of legal bases or an expanding legal opportunity structure but rather by the adoption of the social, civil-rights model of disability by the disability movement. The social model, with its emphasis on individual rights, equality and reasonable accommodation laid the foundation for litigation strategies. Litigation is able to reduce exclusion through long-term socialization of norms of equality and through the short and medium-term creation of incentives which encourage individuals to end discriminatory practices.
Disabled people and social policy: from exclusion to inclusion
- Authors:
- OLIVER Michael, BARNES Colin
- Publisher:
- Longman
- Publication year:
- 1998
- Pagination:
- 187p.,bibliog.
- Place of publication:
- Harlow
Provides an introduction to key issues in disability and social policy which have emerged in the light of changing approaches towards disability over the last fifteen years. The concepts of exclusion and inclusion provide the central focus around which the book is organised. Examines the contradictions and dilemmas of state provided welfare; explores the definitions surrounding disability, the historical background to analysis and the development and implications of social policy for disabled people; analyses the social model of disability and the perceptions and attitudes surrounding the meaning of disability within contemporary society; explores the disabled people's movement and the focus on independent living; outlines policy options for empowering disabled people; and includes policy statements written by disabled people and their organisations, various international charters and documents emphasising the rights of disabled people and selected extracts from legislation and policy statements.
Dementia, rights, and the social model of disability. A new direction for policy and practice?
- Author:
- MENTAL HEALTH FOUNDATION
- Publisher:
- Mental Health Foundation
- Publication year:
- 2015
- Pagination:
- 40
- Place of publication:
- London
Policy discussion paper which describes the social model of disability in relation to dementia, as well as national and international law that is informed by it or that it connects with. The paper goes on to describe tools that can be used to apply the model through policy, practice, service and community development. Using the social model of disability has implications for the rights of people with dementia under the law, for disability discourse and public policy, and for how dementia is experienced and perceived by people with dementia and their carers, as well as how it is viewed and discussed in public. The paper highlights the changes that are needed at the micro and macro (individual, institutional and systemic) levels in order to implement a human rights based approach. It discusses the shift in the power dynamics and the societal change needed to move from the current ‘medicalised’ perspective on dementia to one that is based on the principles of solidarity and inclusion. Implications are identified for practice, organisations and stakeholders. The report draws on consultations held with expert advisory group (involving people with dementia and carers) and a roundtable event in London. A summary of key points from the roundtable event are provide in the Appendices (Edited publisher abstract)
Disability, policy and professional practice
- Authors:
- HARRIS Jennifer, ROULSTONE Alan
- Publisher:
- Sage
- Publication year:
- 2010
- Pagination:
- 152p., bibliog.
- Place of publication:
- London
The authors take an aspirational, outcomes-focused approach to professional practice with disabled people. The book stems from their concern that few writers within disability studies appear to discuss positive ways of working with disabled people, despite there being a wealth of people who do just that on a daily basis. The major legislative and policy shifts in the disability field in the last 15 years are drawn together to provide an up-to-date, practical approach to professional practice, based on the social model of disability. The authors aim to translate both adult and children's disability legislation and policy guidance into positive, creative, enabling practice methods for professionals and students in social care, health, employment and independent living. The key topics covered are: the historical legacy, legislation, policy and guidance; community care and beyond; pivotal moments in the development of disability policy; independent living, choices and rights; life course Issues; valuing diversity; and key challenges for an aspiring social model practitioner.
Delivering inclusive policy
- Author:
- GREAT BRITAIN. Office for Disability Issues
- Publisher:
- Great Britain. Office for Disability Issues
- Publication year:
- 2010
- Pagination:
- 32p.
- Place of publication:
- London
This booklet is aimed at supporting civil servants to understanding the perspective, needs and priorities of disabled people in order to help develop better policy and deliver successful public services. The definition of disability includes invisible impairments such as people with cancer, learning disabilities or epilepsy. This document encourages the use of the social model of disability, which says that disability is created by barriers in society. These barriers may be environmental, caused by people’s attitudes, or caused by inflexible organisational policies and practices. By developing policies based on the social model, these barriers can be identified and removed. The document describes legal considerations under the Disability Equality Duty including the development of a Disability Equality Scheme and the legal reporting requirements. Policies that affect disabled people should be guided by the outcomes described in the UN Convention on the Rights of Disabled People. This document examines inclusive policy making and how to involve and engage disabled people using: co-production; public consultation; and Equality Impact assessments.
Disability equality within healthcare: the role of healthcare professionals
- Author:
- BRITISH MEDICAL ASSOCIATION
- Publisher:
- British Medical Association
- Publication year:
- 2007
- Pagination:
- 48p.
- Place of publication:
- London
It is estimated that around 11 million adults in the UK are disabled. There is evidence that inequalities in health outcomes and access to healthcare among disabled people continue to exist. Doctors recognise that they have an important role to play in addressing disability equality. Section one introduces the social model of disability which highlights that it is barriers within society which ‘disable’ people with impairments and not the impairments themselves. Applying this model to healthcare means that adopting a more holistic approach to disability which looks beyond standards and targets, and works in partnership with disabled people, is likely to be more effective in addressing health inequalities experienced by disabled people. Section two highlights the requirements of the Disability Discrimination Act 1995 and 2005 which make it illegal to discriminate against disabled people in the provision of healthcare. All service providers, including those in general practice, have a duty to promote disability equality and are required make reasonable adjustments to the way they deliver healthcare and to the physical features of their premises to meet the needs of disabled people. NHS organisations, excluding GP practices, also have a duty to produce a disability equality scheme to demonstrate and report on how they will tackle disability equality and how they will consult with disabled people within service design.