The View from Where I Sit

Tag: Human Rights Act

  • Consumer Rights Act 2015 vs the Human Rights Act 1998

    The Human Rights Act 1998 and the Consumer Rights Act 2015 serve different purposes in the UK legal framework. The Human Rights Act 1998 is designed to protect individuals’ rights to life, liberty, and fair trials, among others, by ensuring that public authorities respect and protect these rights. It is applicable to all public authorities and bodies exercising public functions.

    In contrast, the Consumer Rights Act 2015 focuses on consumer rights, particularly in the context of goods and services contracts, ensuring that consumers have the right to expect goods to be of satisfactory quality, fit for purpose, and as described. It applies to all goods and services contracts, including hire-purchase agreements and contracts for the transfer of goods.

    The two acts are complementary, with the Human Rights Act providing a framework for individuals to challenge breaches of their rights in the courts, while the Consumer Rights Act provides a legal basis for consumers to enforce their rights in the marketplace.

    https://www.thecpa.co.uk/news/consumer-rights-uk/

  • Encouraging Advocacy!

    People with Disabilities have been fighting for their right to be heard, both in their own lives, as well as in the greater community. This fight continues to this day and I want to bring their voices and needs to the forefront. Having direct input in one’s life has a clear effect on overall health, well-being, and quality of life. Learn how you can have an impact on the enhancement of individual lives, and the community, as a whole.

    What does being an ally and reducing ableism look like?

    Being an ally looks like fighting against bullies, creating awareness, being assertive, and getting your point across effectively. It’s one way of ‘amplifying community voices’. State their case like it is your case.

    While interviewing a disabled substitute teacher she said, ‘I think it is important to be able to speak up and explain our physical challenges to co-workers and others around us. As a substitute teacher, I just talk to my students and co-workers about my challenges and explain what my life is like as someone who uses crutches. I have found that people are much less likely to have “ableist” opinions if I share my story first.’

    That is what reducing ableism looks like.

    How do we get there?

    Don’t be a sceptic!

    Ask questions. Never assume.

    Think before you speak.

    Don’t judge by appearances.

    Be friendly.

    Get social workers, carers, nurses, doctors and family involved.

    http://linktr.ee/disabilityreframed

    Your Self Advocacy Toolkit

    Self Advocacy is helping you to speak up for yourself and your rights. Sometimes you just have to make them listen! http://www.advonet.org.uk/.

    In part, this is about listening to the voices of those with Disability & Chronic Illness, as they are the experts of their experiences. https://linktr.ee/ashleekelly_iammeblog?fbclid=IwAR0K_licUZMa4YuRqfTXOinH4Dn6UhBspGseLR8X1ftMd_ZUCEEKwkbHBcQ

    Self Advocacy in Goal Setting

    Effectively address self advocacy in learning or therapy programmes. Self advocacy is a learned skill.

    Unintentional Ways to Discourage Advocacy

    Bribing is one way to discourage self advocacy in childhood. Masking is another way to discourage self advocacy in adolescents. This includes:

    • Loss of identity
    • Suicidal thoughts
    • Stress and Anxiety
    • Hand controlling techniques. This makes them feel helpless. This raises concerns about consent. According to statistics, persons with disabilities are more vulnerable to victimisation than people without disabilities. Self Advocacy is a Life Saving Skill.
    • Don’t Panic

    How can we support self advocacy?

    • No means No!- Respect the No.
    • Pulling their hand away.
    • Shaking their head. Non verbal cues.
    • Communication is key. Sign language also works.
    • Follow their passions.
    • Strengths based approach. Instead of asking, ‘What’s Wrong’ ask ‘What’s working Already?’
    • Make space for them to be a decision maker.

    Include goals focussed on:

    • Boundaries
    • Emotional Regulation
    • Preferences

    Set up meetings for accountability when promises are made. This includes the education system. This includes integration in the mainstream education system instead of special schools. Special schools still have their place in society but integration is better for the sake of fairness and inclusion.

    It’s all about Empowering Yourself. I remember as a College student complaining to the directorate of college about discrimination. The learning support department didn’t seem very efficient to me. IEP meetings can also be a pain. This also encourages disability representation.

    Speak with Me Not for Me!

    I agree with this video because some people think we’re irrelevant and treat us like we’re invisible. Especially us wheelchair users. https://www.youtube.com/watch?v=sGxVz2jijK8.

    Support Self Advocacy for Loved Ones.

    Individuals with intellectual disabilities deserve a seat at the table! Just because someone can’t talk doesn’t mean they don’t have anything to say. Freedom of speech or expression shouldn’t be a challenge. Advocacy includes speaking up on other people’s behalf. This could also cover unemployment amongst people with disabilities.

    This may include:

    • Behavioural Support Plans
    • Person Centred Passports

    The service that supports you

    This should include a Recruitment Policy, Culture and Structure of an Organisation, and Consultation Process.

    There should also be a Partnership Board co-chaired by someone with a disability. It helps to change policy.

    Seniors and Self Advocacy

    Encouraging seniors to think about their needs and wants to advocate! This includes refugees.

    It raises consciousness and helps to organise seniors and local communities. Goals of advocacy should effect change in attitudes, policies, services and actions.

    Their needs may include welfare, they may want to work beyond retirement age or become an entrepreneur. Access to healthcare.

    Seniors can be or feel marginalised.

    Self Advocacy Skills

    • Be assertive vs Aggressive
    • Be direct
    • Be intentional
    • Be accurate
    • Healthcare

    Relocating

    Emotional Needs- Social Isolation

    Tips for Advocacy

    • Be Persistent
    • Build Effective Coalitions

    Advocacy also includes petitions, protests, lobbying, placards, propaganda, elections, party politics, and pressure groups. Being an advocate makes you an agent of change.

  • Dealing with a Disability in the School (Mental vs Physical): Fourth edition of series

    By: Daniella Jade Lowe

    In this article, my friend and I are going to share our experiences in dealing with both mental and physical disability in the school.

    Dealing with physical disability in my life has been interesting and quite a learning experience for my family and I. My educational career has been interesting because I’ve lived and studied in Bermuda and England.

    Bermuda deals with disability in schools differently to England. England is more advanced, probably because it is much bigger and there’s more access to resources.

    For example, I attended private Nursery and Preschool in Bermuda, because it was hard to find someone to take disabled kids for liability reasons. There are currently no charities dedicated to Spina Bifida and Hydrocephalus in Bermuda. ‘Teach Us All!’

    From primary school to high school, since I claimed disability, I got Paraeducators, nowadays, known as shadow teachers in Bermuda. In Bermuda, I also got extra exam time, an exam scribe, a separate room and exam invigilator. I experienced the same in England.

    During my first year of primary school, my mother visited everyday just to make sure that the school was doing their job. However, the principal threatened to put a restraining order on her, so she stopped.

    In England, exam scribes and note takers aren’t expected to know anything about the subjects, they’re just expected to make notes and write exams for the student. This holds the students accountable for their own education and success. Students must choose between extra time or an exam scribe, not both to prevent cheating. These exam scribes and notetakers come from an external agency called Clearlinks. Clearlinks employs them, not the university. Students also get Study Coaches and specialist equipment. Ergonomic Assessments are also required for wheelchair users.

    Discrimination

    During my educational career, there was one recurring issue that I encountered at every school I attended. This was ‘the right to an education’.

    The Human Rights Act protects the right to education within all existing educational institutions. It applies to primary, secondary and higher education. So why did my parents have to fight to make sure I got into mainstream, public education?

    Why were there some teachers at the schools that I attended, who refused to teach me simply because they disagreed with my rights to be there?

    As someone who has a physical disability, I never understood this. Besides, the Human Rights Act 1981 including the Universal Declaration of Human Rights and the European Convention on Human Rights applies to Bermuda too.

    My high school years were quite tricky. In Bermuda, there were two public high schools to choose from. One high school was wheelchair accessible from its inception, whereas the other one wasn’t. I was hoping to attend the wheelchair accessible high school because it was easier to get around, however I went to the alternative high school because even though the one I wanted had easy access, integration was a problem. ‘Teach Us All!’

    I felt this was unfair because I was marked down for attendance and my class participation was affected, especially when there was a wheelchair accessible alternative. In relation to specialist equipment, my parents and I invested in a Garaventa Stair Trac from Canada, which was designed to get me up and down staircases. The only staircase it wasn’t compatible with were spiral ones.

    Fortunately, after the first year, I transitioned to a newly refurbished and wheelchair accessible building equipped with ramps, lifts and flat surfaces. This made attending classes a lot easier and improved my attendance record and class participation.

    However, I went through my second year of high school without a Paraeducator because the school felt that I should be able to cope. My parents and I disagreed with this. Having a Paraeducator made it easier to transition from class to class within five minutes. Having that extra assistance of a Paraeducator also made test taking and note taking more manageable.

    Unfortunately, I had to complete summer school that year for failing Maths. Things improved after receiving a new Paraeducator the following year.

    After high school, my first year of college was quite stressful and intense. I was enrolled to complete A-Levels. I had just moved from Bermuda to England after graduating from high school. I had to familiarise myself with a new education system and a new environment. The teachers weren’t as understanding or empathetic towards my educational background, learning styles or needs. The A-Level programme was quite competitive where some lecturers only put their best cohort of students up for January and May exams leaving the weaker students out, while other lecturers put a whole class forward and let them ‘wing it’ for the experience.

    On this particular course, I felt discriminated against because, unlike the rest of my lecturers, my English Literature didn’t give me a shot at a mock exam in preparation for the real exams. She told me that I wasn’t working at the ‘A-Level standard.’ In response to this, I complained to the Directorate of the college with an unsuccessful outcome.

    Mental Health

    Alternatively, dealing with mental disability is different. My friend’s biggest problems have been, firstly, depression, which university recognised, but I don’t think most people in general have much idea of the impact of their actions and a lot are incapable of being nice, full stop.

    According to the Equality Act 2010, depression is classified as a disability, and anyone with it is covered by the Act (https://www.mind.org.uk/media-a/3123/disability-discrimination-2019.pdf). This needs to be reinforced.

    Integration in Mainstream School versus Special Education

    Even though special education has its place in society, especially for those with severe disabilities, it is better for them to be integrated into the mainstream public education because mainstream qualifications are given more value than special qualifications. Public mainstream colleges and universities recognise mainstream qualifications not special qualifications. Special education may also possibly undermine one’s full potential. ‘Teach Us All!’

    For example, I had a Canadian friend in university, who had Asperger’s Syndrome, that went to special school all his life, and had to complete his G.E.D before starting university in England, because his special qualification wasn’t accepted by the university’s standards.

    However, when I was in school, I was integrated all throughout my educational career, but two of my subjects like P.E and Maths were modified due to having a physical disability and additional learning difficulties.

    Schools are also expected to conduct risks assessments for health and safety reasons. They should also provide a Personal Emergency Evacuation Plan in case of any emergencies like fires or flooding. This is what I got during my college and university years.

    All schools have some level of a duty of care and can be held responsible for accidents.

    I am in full support of integration, but I think the best way to ensure and reinforce this is to provide extensive teacher training. Colleges and Universities in England have Student Councils and Student Unions that include Disability Officers on their teams. Also at the primary school level in Bermuda, there is a PTSA Board. I think PTSA Boards may need to include a special element specifically for disabled students, similar to British colleges and universities’ student unions and councils.

    Integration should also include modification not accommodation. When a student has an Individualized Education Program (IEP) you’ll likely hear the word accommodation. An accommodation changes how a student learns the material. A modification changes what a student is taught or expected to learn.

    Homeschooling is another viable option which may help decrease discrimination and cater to personal needs.

    Wheelchair Accessibility: Functioning in Dysfunction
    Wheelchair Accessibility and mobility issues are additional problems that wheelchair users face daily. I experienced this many times in Bermuda, especially at school. Access alleviates the amount of limitations and restrictions on wheelchair users. Failing to ensure wheelchair accessibility is neglecting to provide reasonable adjustments. It is like functioning in dysfunction. Fortunately AccessAdvisr helps to tackle this in England. I still think that people must be mindful.

    According to the British Government website, anyone can apply for a dropped kerb in England (https://www.gov.uk/apply-dropped-kerb). However, I get really annoyed with drivers who park across dropped kerbs. Dropped kerbs are meant to make it easy for wheelchairs to enter and exit sidewalks. Some drivers even park on top of the sidewalks blocking the walkway. We need to clamp down on this with a fine both in the UK and Bermuda.

    So to conclude, I think reassessing wheelchair accessibility, integration and modifications in mainstream public education are needed to improve the way disability is handled in the schools, especially in Bermuda. Schools must become Disability Confident. This is what I suggest in ‘Dealing with Disability in the School.’