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Does the Disability Discrimination Act 2005 Protect Everyone in Europe?

disability discrimination act 2005
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YYou have rights! Considering everything disabled people have to endure, it might not always seem like it, but you really do.

That means society has a legal obligation to treat you properly. And if you’re put through a bad experience, you can hold the offending party to account whether you’ve been denied work, a product or a service by an organisation. But of course, you have to know what your rights are in order to stand up for them. So here’s our overview of some major wins for disabled people in Europe, including the Disability Discrimination Act 2005:

A Brief History of Disability Discrimination Law:

To bring this about, there were many test cases, and a lot of campaigning. Yet after a huge effort, Europe got its equality legislation.

Article 13 of the European Treaty 1999

This ruling set the standard for EU countries. It permits the European Council to:

“take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age and sexual discrimination”.

The Charter of Fundamental Rights has further reinforced it. This ruling prohibits discrimination against disabled people throughout the EU, but it isn’t part of a country’s penal system. Also different countries implement Article 13 in different ways. Yet the European ruling is still a benchmark of protection, and the original signatories had to enact anti-discrimination laws by December 2003. Putting similar laws in place is a condition for joining the EU.

Two Important Parts of the Ruling:

1. ‘Reasonable Accommodations’

The resulting laws require organisations to make ‘reasonable accommodations’ for disabled people’s needs. That applies if a disabled person wants to buy a product, use a service, enter education, or employment. ‘Reasonable accommodations’ might include:

Yet it wouldn’t extend to something excessively costly for the organisation. For instance, no organisation would be expected to completely remodel a building, but even small changes can make a huge difference to disabled people.

2. ‘The Social Model of Disability’

The EU ruling uses the ‘social model of disability’. It’s a radical way of thinking which promotes equality, and it might also give you a new perspective on your own life. That’s because the social model of disability is inherently empowering. The opposite concept is the medical model, which has been destructive for disabled people in so many ways:

The social model shows how important it is to get out into society. Be visible, and do all the things that you want to. If there’s ever a barrier, use formal processes to challenge it until conditions change. It makes it OK to be difficult because you’re making social progress happen.

The UK’s Equality Act 2010

This law protects members of protected groups, including disabled people, from discrimination and unfair treatment. It protects disabled people in the UK against discrimination from:

It also includes requirements for service providers to make ‘reasonable adjustments’.

However this is a civil law and not part of the penal code. That means that if you have the money or have legal aid, you can take an offending party to a civil court. Winning would result in a cash settlement. Yet, the police won’t arrest anyone, the State won’t prosecute them on your behalf either, and no-one will go to jail. This is why more legislation with bigger teeth is needed.

Room for Improvement

The above legislation is great. But it doesn’t go far enough, and it’s even being eroded or ignored in certain parts of Europe. How often have you or someone who you know:

The list of possible abuses goes on. However the UN’s Charter on the Rights of Disabled Persons has a comprehensive list of all of your rights as a disabled person, and every European country, in or out of the EU, is a signatory. You can use it to hold your politicians to account. Also you may want to ask your representatives for a ‘New Disability Discrimination Act for Today’.

Take Action

What’s really needed is a disability law that’s part of the criminal code. Because of the patchy way that disability law is being enacted throughout Europe, it’s only going to come about through activism at a national level. So take a moment now to find your country’s disability rights organisations. You could:

It all helps to move society forward, and improve our standards of living.

Useful Resources for Fighting Discrimination

 

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