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.
The Ugly Laws were a series of laws passed in the United States from the 1860s to the 1970s that prohibited people with disabilities or other perceived “unattractiveness” from appearing in public.
They continue to influence policy today, and the lives of millions of disabled Americans. The intersection between ableism, classism, & race is inseparable, and learning more about disability rights issues / history equips you to better understand social justice issues occurring globally. This is why disability pride is important.
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.
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.
To highlight this message, the UN has marked the International Day of Persons with Disabilities since 1992, to spread the word on disability issues and mobilise support for the dignity, rights, and well-being of persons with disabilities.
The day also aims to draw attention to the benefits to society of including persons with disabilities in every aspect of political, social, economic, and cultural life.
Celebrated on 3 December around the world, IDPD mobilizes support for critical issues relating to the inclusion of persons with disabilities, promotes awareness-raising about disability issues and draws attention to the benefits of an inclusive and accessible society for all. UN agencies, civil society organizations, academic institutions and the private sector are encouraged to support IDPD by collaborating with organizations for people with disabilities to arrange events and activities.
The Australian Government has been supporting IDPwD, since 1996 and provides funds to promote and raise awareness of the day around Australia.
Building on many decades of UN’s work in the field of disability, the Convention on the Rights of Persons with Disabilities, adopted in 2006, has further advanced the rights and well-being of persons with disabilities in the implementation of the 2030 Agenda for Sustainable Development and other international development frameworks, such as the Sendai Framework for Disaster Risk Reduction, the Charter on Inclusion of Persons with Disabilities in Humanitarian Action, the New Urban Agenda, and the Addis Ababa Action Agenda on Financing for Development.
The logo of the United Nations International Day of Persons with Disabilities comprises four semi-circles of different colours representing human hands, with a solid blue circle at the centre.
This year, in honour of International Day of People with Disabilities, WindReach Bermuda, will be hosting a Virtual Conference on 3 December 2020 with the theme of ‘Amplifying Community Voices’.
We are hoping to address a few topics during the day including speakers on the history of disability in Bermuda, how those with disabilities are perceived, having individuals’ voices heard in their own lives. Both Employment and Accessibility will be panel discussions with Bermudian experts and those living with disabilities.
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