The View from Where I Sit

Tag: dealing with disabilities

  • What does it mean to discriminate?

    To discriminate means to recognize and differentiate between things, or, in a social context, to treat people unfairly based on specific characteristics such as race, gender, or age.


    In a social or legal context, discrimination refers to unfair or prejudicial treatment of individuals or groups based on certain characteristics that are unrelated to their abilities or merits. Common grounds for discriminatory practices include:
    Race or ethnicity: Treating people differently because of their racial background.
    Gender or sex: Making distinctions that advantage one gender over another.
    Age: Favoring or disadvantaging people based on their age.
    Religion or beliefs: Unequal treatment due to religious affiliation or convictions.
    Disability: Denying equal opportunities to people with physical or mental disabilities.
    Sexual orientation or nationality: Bias against individuals based on who they love or where they come from.


    Such discrimination is often unlawful in workplaces, education, housing, and public services because it violates principles of equality and human rights. Social and legal frameworks, such as the Equality Act 2010 in the UK, exist to protect individuals from discriminatory practices.

    Intersectionality of Discrimination
    It’s important to recognize that individuals may experience discrimination based on multiple grounds simultaneously. For example, a person who is both a woman and a member of a racial minority may face unique challenges that are not fully addressed by considering each characteristic in isolation.

    The grounds of discrimination refer to specific characteristics or attributes that are protected under human rights laws, preventing unfair treatment based on these traits.

    What are the different types of discrimination?
    The Equality Act protects people who have a disability against these types of discrimination:

    Direct discrimination
    Discrimination arising from disability
    Indirect discrimination
    Harassment
    Victimisation


    Failing to comply with duty to make reasonable adjustments
    It’s possible that you’ve experienced discrimination in more than one way. If this is the case, you can claim for multiple types of discrimination in one claim.

    You have to show that there’s a link between your disability and the way you’ve been treated. This can be difficult. But you don’t always have to give an example of a specific non-disabled person who was treated better than you. It just needs to be clear from all the circumstances that your disability was the reason why you were treated as you were.


    Discrimination arising from disability
    This is where you are treated badly because of something that happens due to your disability.

    Unlike direct discrimination, there’s no need for you to compare yourself with anyone else. You just have to show that you were treated badly. And this treatment was linked to your disability.

    You don’t need to show that the person who treated you badly was aware that the behaviour was due to your disability. But they do need to be aware that you have a disability.

    Example of discrimination arising from disability
    Nigel is the tenant of a housing association. He has obsessive-compulsive disorder (OCD). Because of this, he walks around his flat a lot. This disturbs his neighbour. His tenancy officer at the housing association sends him a warning letter. It tells him that he will be taken to court if he continues to disturb his neighbour. This may be discrimination arising from disability.


    Situations when unfavourable treatment might not be discrimination
    There are some situations in which it might be lawful for a person or organisation to treat you unfavourably. These are if they can show at least one of the following:

    There were valid intentions behind their action. For example, ensuring the health and safety of others, or keeping up staff attendance so that their business can run properly. And that it was an appropriate action to take in the circumstance. Legally this is called a ‘justification’.
    They did not know you had a disability and could not reasonably have known.
    A service provider can be held responsible for the actions of its staff or agents. For example, a waiter in a restaurant or a receptionist at the local authority.

    But the service provider may be protected if they took all reasonable steps to avoid the discriminatory act. Or if their employee or agent was acting outside the scope of what they were told to do.

    Example when unfavourable treatment might not be discrimination
    Peter experiences psychosis and hears voices, which he manages by talking to them. A member of staff in a shop asks Peter to leave when he is talking to his voices. Peter has been treated unfavourably because of behaviour related to his disability.

    Normally the company running the shop would be held responsible for the actions of its employee. But the company has issued clear instructions to staff about their obligations under equality law. And it’s provided equality training. It also regularly checks that staff are following the law. It may be able to argue that it’s taken all reasonable steps to prevent its staff from acting in a discriminatory way. The member of staff who asked Peter to leave wasn’t acting in the way he’d been told to.

    For a good reason
    Appropriate and necessary
    For indirect discrimination, it doesn’t matter whether the person or organisation knew about your disability. This means they have to plan in advance and think about how their policies and practices may affect people with mental health problems.

    But it is not indirect discrimination if the person or organisation can show these practices and arrangements were justified.

    Harassment
    Harassment is behaviour from others that you don’t want, that:

    Violates your dignity or creates an environment that is intimidating, degrading, offensive or humiliating
    relates to a disability. It does not have to relate to a disability that you have.


    Victimisation
    Victimisation is when an employer or organisation puts you at a disadvantage. It could be because of one of the following:

    You’ve made allegation about discrimination
    You’ve supported someone who has made an allegation of discrimination


    Examples of victimisation
    Sarah makes a complaint that her GP’s receptionist has discriminated against her because of her mental health problem. As a result, her GP’s practice manager tells her she must leave the practice and register with another practice. This is likely to be victimisation.

    Deb has an anxiety disorder. She genuinely believes that she has been discriminated against by an assistant in her local supermarket. The assistant made remarks about her condition in front of customers. Her friend Chris helps her to complain to the supermarket. After this, the manager says both of them should shop elsewhere.


    Failing to comply with duty to make reasonable adjustments
    The Equality Act says that employers and service providers should think about making reasonable adjustments.

    If a person or organisation does not make reasonable adjustments when it would have been reasonable to do, this will be unlawful discrimination.

    Why is the UDHR important?
    The UDHR marked an important shift by daring to say that all human beings are free and equal, regardless of colour, creed or religion. For the first time, a global agreement put human beings, not power politics, at the heart of its agenda. Communities, movements and nations across the world took the UDHR disruptive power to drive forward liberation struggles and demands for equality.

    What is the Universal Declaration of Human Rights?

    The UDHR is an enduring commitment to prevent the bleakest moments in history from happening again.
    ‘The UDHR is living proof that a global vision for human rights is possible, doable, workable.’

    When was the UDHR created?
    The UDHR emerged from the ashes of war and the horrors of the Holocaust. The traumatic events of the Second World War brought home that human rights are not always universally respected. The extermination of almost 17 million people during the Holocaust, including 6 million Jews, horrified the entire world. After the war, governments worldwide made a concerted effort to foster international peace and prevent conflict. This resulted in the establishment of the United Nations in June 1945.

    Who created the UDHR?
    In 1948, representatives from the 50 member states of the United Nations came together, with Eleanor Roosevelt chairing the Human Rights Commission, to devise a list of all the human rights that everybody across the world should enjoy.

    What are the legal aspects to be aware of?

    A legal framework is provided in the Equality Act 2010 to tackle disadvantage and discrimination, and this framework applies to job descriptions too. The Act details 9 protected characteristics which individuals cannot be treated unfairly as a result of. These are age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. It is also important to note that the right to discriminate is not a legal right. Rather, it is a term that is often used to describe the ability of individuals or organizations to make decisions based on their own preferences or beliefs. However, it is important to remember that discrimination can have serious consequences for individuals and society as a whole, and that it is important to treat everyone with respect and dignity.

    The Disability Discrimination Act (DDA) of 1995 was a landmark legislation that made it illegal for employers and service providers such as shops and restaurants to discriminate against someone because they were disabled. The act was preceded by years of campaigning and protests, including incidents of civil disobedience. The DDA was later replaced by the Equality Act 2010, which provides a legal framework to protect the rights of disabled people and promote equality.

    Although it is not legally binding, the protection of the rights and freedoms set out in the Declaration has been incorporated into many national constitutions and domestic legal frameworks. All states have a duty, regardless of their political, economic and cultural systems, to promote and protect all human rights for everyone without discrimination.

    Besides, parents have the right to take their kids wherever they want to take them.

    Ally or Accomplice?

    Well then, why is it that when it comes to disability, people start cherry picking rights?

    Why am I fighting so hard for something that is already my human and legal right?

    We need to get our priorities straight!

    If you have experienced discrimination, you may be able to take legal action. The Equality and Human Rights Commission provides information and advice on discrimination and your rights. You can also contact Citizens Advice for guidance on what to do if you have experienced discrimination.

    Institutions are not solutions, and the UK has come a long way in recognizing the rights of disabled people. However, there is still much work to be done to ensure that disabled people have the same rights and opportunities as everyone else.

    In summary, while discrimination can involve mere recognition of differences, it most commonly refers to unjust treatment of individuals or groups, and understanding this distinction is crucial when discussing rights, fairness, and social ethics.

    Types of discrimination in the Equality Act

    1unicef.org

    https://www.bihr.org.uk/get-informed/what-rights-do-i-have/the-right-to-be-free-from-discrimination

    1gov.uk2gov.uk3

    https://www.citizensadvice.org.uk/law-and-courts/discrimination/check-what-type-of-discrimination-youve-experienced/making-or-telling-someone-to-discriminate/

    https://www.amnesty.org/en/what-we-do/discrimination/

    https://www.equalityhumanrights.com/human-rights/human-rights-act/article-14-protection-discrimination

    https://www.gov.uk/discrimination-your-rights

    https://www.ohchr.org/en/what-are-human-rights

    https://lordslibrary.parliament.uk/disability-discrimination-act-1995-and-now/

    Was 1995 the year that changed everything for disabled people? – BBC News https://www.nidirect.gov.uk/articles/protection-against-disability-discrimination

    https://www.bihr.org.uk/get-informed/what-rights-do-i-have/the-right-to-education

    https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/II

    https://www.disabilitymedwaynetwork.org.uk/2019/01/19/a-history-of-disability-rights-in-the-uk/

    What is the Universal Declaration of Human Rights? (amnesty.org.uk)https://www.amnesty.org.uk/universal-declaration-human-rights-UDHR#A%20Summary%20of%20The%2030%20Articles%20of%20The%20Universal%20Declaration%20of%20Human%20Rights

    https://www.newdisabledsouth.org/?fbclid=IwY2xjawJjXkVleHRuA2FlbQIxMAABHjh3IUhjf70Kl_w8Av9JcCuuDyInZqVgfzmdd6aXo9bjWcD3AL7SkYYbGrAQ_aem_8e0g9tZq0v6fA7Xrys9o8Q

  • The only disability in life is a bad attitude

    We have ALL heard the quote “the only disability in life is a bad attitude”.

    This quote is profoundly stupid, misleading, and harmful because it oversimplifies the complex nature of disabilities and dismisses the real challenges faced by disabled individuals.

    What we need is a change in societal attitudes, not a dismissal of the lived experiences of those with disabilities.

    People with disabilities deal with pain, fatigue, accessibility issues, medical costs, and social discrimination.

    Does having a bad attitude often hinder your life and personal growth?

    In my opinion absolutely.

    But suggesting that a bad attitude is the only real disability is nonsense.

    Why are people still using this quote?

    My name is Daniella Jade Lowe and this is The View from Where I Sit!!!

  • Why do we need to celebrate disability twice a year?

    Disability History Month is observed in October, while Disability Pride Month takes place in July. Let’s explore the reasons behind each:

    Disability History Month (October):

    • Purpose: Disability History Month aims to raise awareness about the historical context, achievements, and challenges faced by people with disabilities.
    • Origins: It began in the United Kingdom in 2010 and has since spread to other countries. The choice of October is significant because it includes World Mental Health Day (October 10) and International Day of Disabled Persons (December 3).
    • Focus: During this month, educational institutions and organizations highlight disability-related history, activism, and advocacy. It’s an opportunity to learn about disability rights movements, legislation, and the contributions of disabled individuals.

    Disability Pride Month (July):

    • Purpose: Disability Pride Month celebrates the identity, resilience, and achievements of people with disabilities. It’s a time to embrace pride and self-acceptance.
    • Origins: Disability Pride was initially celebrated for a day in 1990 in Boston, USA, coinciding with the signing of the Americans with Disabilities Act. It gained recognition as a month in 2015.
    • Symbolism: The Disability Pride Flag features vibrant colors representing various disability experiences and needs. For instance:
      • Red: Physical disabilities
      • Gold: Neurodiversity
      • White: Non-visible and undiagnosed disabilities
      • Blue: Emotional and psychiatric disabilities
      • Green: Sensory disabilities
      • Charcoal background: Protests against ableism
    • Importance: Disability Pride Month promotes visibility, counters ableism, and encourages celebration within the disabled community. Allies also play a crucial role in raising awareness.

    Pride in general is in July for the LGBTQ+ community. There are different pride celebrations for different sectors within the community also which include those with disabilities. Like there’s also black pride in August for people of colour.

    Is a flag needed?

    Do you think this is patronising?

    Both months are important. Both months contribute to a more inclusive and understanding society, recognizing the diverse experiences of people with disabilities. Both months show a level of intersectionality.

     https://livingmadeeasy.org.uk/about-us/news-and-events/disability-pride-month

  • Navigating College and University Life

    It’s been six years since I graduated from University. As I reminisce on this milestone, navigating College and University Life independently, as a disabled student, was tricky. The British education system is quite competitive compared to Bermuda. Essex and London was my original goal and preference but it didn’t work out. Therefore, Bradford became my stomping ground.

    My High School G.P.A wasn’t good enough to go straight to University, so after I moved to England I went to College first then University. I never completed G.C.S.E’s. I attempted A Levels but failed. This can be discouraging for an Audio-visual Learner.

    As soon as I got here, the Bradford College International Office insisted on meeting me just to make sure that this was something I wanted to do. They expressed concerns about me getting homesick. They seemed more nervous than me.

    Before I officially pursued Higher Education, the Bradford College told me that I needed an electric wheelchair because Bradford is very hilly. I was also notified that if I wished to receive any help from Learning Support, I would have to pay for it, because I was seen as an International Student and not a Home Student. Later on I found out that this wasn’t true and I was able to receive Learning Support without the extra charge.

    While advocating for myself, I felt that I was talking a lot more to get what I needed. I tried not to be vocal and vulgar, but it was frustrating. This didn’t help with my organisational skills either. After the first four months I wanted to quit, but my parents wouldn’t let me.

    By January, the head of A Levels Department and head of Learning Support met with me to discuss and express concerns about my academic progress within the first four months. They predicted that I would fail the course before the year was out. A Levels required loads of self study and unstructured study skills. I even got personal online tutorials in addition to College lectures.

    A Level Lecturers were allowed to pick, choose and refuse to put students forward for a mock or final exam, regardless of academic progress and results.

    Exams were answered in essay format and not one line answers. For A-Levels, answers were marked based on quantity. They did word and line count. University lecturers didn’t do that.

    However, my degree was heavily coursework based and essays were marked based on quality of answer. They were also written in essay format and not one line answers. Spelling, grammar and punctuation also contributed to your exam results.

    Learning support provided specialist equipment, extra exam time, essay structuring and preparation, as well as exam scribes or lecture scribes.

    I found referencing and bibliographies confusing at times, especially when writing my dissertation. In University, I had to use the Harvard Referencing System for essays and the Numeric Referencing System showing footnotes for my dissertation.

    To make matters worse, referencing a book is different to referencing an e-book and the list goes on. Then I submitted my coursework through Turnitin, a plagiarism detector. If Turnitin processed your coursework and found 50% of it was copied from other sources and not written in your own words, then you automatically failed without the teacher marking it.

    Freshers Fair vs. Student Orientation

    In the UK, the first couple of weeks of university are referred to as “freshers week” or “welcome week”. This is because the first-year students are fresh to the university. It’s a great time to make new friends, get started on your classes, join clubs and societies and find your way around your campus and local area. Most universities start freshers week around the end of September when the students arrive for the new academic year.

    Some universities may have two weeks of “freshers” and so may start a little earlier in the middle of September.  Throughout the week (or two) your university will offer activities, meet and greets, and other events to allow students to socialise and get to know their university. This is also the time when students can sign up to the local health centre, register for their library card and apply for their student cards. 

    Halls of residence will host events to help you settle into your living space and meet other students living in the building. The local off-campus restaurants, pubs and nightclubs often offer discounts, deals and themed nights to help students settle into the area. 

    Even though Bermuda doesn’t have Universities, the rest of the school system provides Student Orientation at the beginning of the year. I feel that Student Orientation in Bermuda’s schools actually prepared you for your course. England, on the other hand, gives you a list of school supplies needed for each subject and then you are left to figure it out on your own.

    Student Finance and Benefits

    I feel that students who claim disability are well funded. This helped me, especially since I chose not to work while studying. You can apply for:

    Disabled Student’s Allowance

    Disabled Living Allowance

    This also makes things a little easier while living independently, studying, managing my health and finding the time to have a social life. All of these experiences taught me to believe in myself, encourage myself and not give up even when it seemed like the lecturers doubted me. Even though navigating the education system was tricky, I am proud of myself for pursuing and persevering.

    https://www.timeshighereducation.com/student/advice/what-can-i-expect-during-my-first-week-university#Canada

    http://www.as-levels.com

    https://www.turnitinuk.com/login_page.asp

  • Disability Awareness Sunday

    Introduction

    Today, I got to share what it is like to be a wheelchair user, at the St. John’s Ben Rhydding Church in Ilkley, during their first ever Disability Awareness Sunday! There were also other disabled members who watched the service on Zoom.

    Opening  worship

    Songs  Amazing Grace ( My chains are gone)

    Waymaker

    Then we had a scripture Reading. Our scripture reference was Luke 5: 17-26. We watched a video at this point of this service: https://www.youtube.com/watch?v=54HVIqckVMc.

    Through the Roof and Roofbreakers was founded upon this scripture. The founder of the foundation is Joni B. Eareckson Tada.

    Song    God of the poor (Beauty for brokenness)

    Daniella Jade’s experience

    What difference in access to things did you find coming from Bermuda to here?

    College and University was wheelchair accessible, however the college made it mandatory to get an electric wheelchair because Bradford is very hilly.

    In education, what barriers were there and how were things changed to help you?

    Wheelchair Accessibility and Integration were the recurring barriers. There were two public high schools to choose from. One building was completely wheelchair accessible from it’s inception but I would’ve ended up in a special class/program instead of being integrated while the other high school was nowhere near wheelchair accessible which impeded on things like class participation, attendance and receiving an accurate product grade. Once I got to the high school phase of life, I started out in a building with all stairs, which made it hard to get to classes easily and on time. But in my second year, I moved to a fully wheelchair accessible building.

    What barriers do you in coming to church and how can we help you to be included?

    None

    Then we included the church in a Talk –  including a time for discussion.

    Song    Be still for the presence

    Prayers

    Song    God of justice

    The audience seemed quite interested and receptive. I’m very thankful for this opportunity. I enjoyed sharing my experiences and hearing other people’s perspective.

    The Enabling Church Course

    http://bakerpublishinggroup.com/books/my-body-is-not-a-prayer-request/409340

    https://throughtheroof.org/forchurches/celebrate-inclusion/

  • How to become a Disability Confident Employer and Why?

    Here in the UK, we have ‘The Disability Confident Scheme.’ The Disability Confident scheme helps employers recruit and retain great people, and to:

    • challenge attitudes and increase understanding of disability
    • draw from the widest possible pool of talent
    • secure high-quality staff who are skilled, loyal and hard working
    • improve employee morale and commitment by demonstrating fair treatment

    It also helps identify those employers who are committed to inclusion and diversity in the workplace.

    The scheme has 3 levels designed to support employers on their Disability Confident journey, these are:

    • Disability Confident Committed (Level 1)
    • Disability Confident Employer (Level 2)
    • Disability Confident Leader (Level 3)

    All employers join the scheme at Disability Confident Committed (Level 1), and progress through the levels to achieve the one that’s right for their organisation.

    For more information about signing up for the Disability Confident scheme, and how it can help your business check out the detailed guidance on gov.uk.

  • THE PROS AND CONS OF USING MOTORISED WHEELCHAIRS!

    When buying a new wheelchair, there are many types to consider. Wheelchair assessments can be quite stressful when applying for a new wheelchair as frequent as every four years. It makes it worse when able bodied assessors are trying to tell what you need and don’t need. In fact the only reason why I got one in the first place is because the college I attended, made it mandatory for me to have one in order to study there. I was told that Bradford was too hilly so I got a motorised wheelchair to get through college. This is one of the many times that a wheelchair user has to advocate for themselves.

    One of the most popular varieties is an electric wheelchair. Before you commit to this purchase, make sure it is the right option for you. Here are some pros and cons to help you decide.

    PROS

    Pro: They are more comfortable

    One of the top reasons people choose an electric wheelchair over a manual one is that they tend to be more comfortable. These chairs are often custom-made to fit the person’s size and body shape. You will find that the seat of the chair is cushioned to provide extra support and has a headrest at just the right height. It might also have additional back support. Also, the pads of the seat sit more securely than manual wheelchair seat pads. In general, electric wheelchairs will have more custom options for comfort than the manual wheelchairs have.

    Pro: There are a lot of great features

    You also have a wider range of features when you choose an electric wheelchair. Not only is the wheelchair motorized so you can go farther faster, but you can go in reverse without too much effort. You can also add a lot of different features since the larger wheelchairs provide ample space for extras. For example, if you don’t have good use of your arms and hands, you can get an electric wheelchair that moves when you change your head positions or get a voice-controlled wheelchair. Some models also add built-in heat just in case you are out on a cold day. You can get one with a seat that rises to help you get items on a higher shelf. This feature encourages pressure relief and independence. The newer models even have extra security features to prevent it from being stolen.

    Pro: You have more independence

    Perhaps most of all, you have more independence with an electric wheelchair. As someone who is a wheelchair user, it can be hard requiring someone to move the wheelchair for you, even when you do not have the energy to use your arms for turning the wheels of a manual chair. If you want to be able to get around freely without someone else’s help, an electric wheelchair is your best option.

    CONS

    Con: The wheelchair is large and heavy

    On the downside, electric wheelchairs are large and bulky, not to mention heavy. Nobody will be able to lift this chair on their own to get it into a vehicle or into your home. You must have a proper ramp or a wheelchair-friendly vehicle. Manual wheelchairs are light enough to lift and fold to fit just about anywhere.

    Con: They are more expensive

    Naturally, electric wheelchairs are considerably more expensive. You are paying for all those extra features, the motorized function, and the overall size of the new chair. It is possible that your insurance policy will cover some of the costs, so you should check with them before you decide not to get this type of wheelchair. Charities, government and personal fundraisers may help but there’s no guarantee they will cover the costs.

    Con: It impedes on your cardiovascular strength.

    Upper body strength is important for a wheelchair user, especially when you have little to no use of your lower extremities.

    Con: It is hazardous to use them in rain, ice, mud, sand and snow.

    The traction from the wheels gets stuck in ice, mud, sand and snow. It can also be slippery when it rains. It is also tricky to charge them in a power cut.

    http://theresumexpert.com/2015/06/01/pros-and-cons-of-electric-wheelchairs/#:~:text=Pro%3A%20There%20are%20a%20lot%20of%20great%20features,the%20larger%20wheelchairs%20provide%20ample%20space%20for%20extras.