Disability Evaluation - Essay Example

Number Subject Name Lecturer’s Name Economics Due date Date Submitted Introduction The equality Act is an act of parliament that came into force on the 1st of October 2010. The Act seeks to establish protective characteristics over various vulnerable groups in the society. It has been described as a milestone in elimination all forms of discrimination. It is a reflection of international and regional instruments that operate to put discrimination as a thing of the past. The Act prohibits age, discrimination by employers, discrimination by education providers, and discrimination by transport services among others. The characteristics that are protected include age, pregnancy and maternity, race, religion belief among others. The legislation brought together over a hundred other legislations against discrimination. Discrimination by association is also prohibited. This happens when a person is discriminated because the person has people in his life who belong in the protected characteristics (Equality Act 2010). Statistical Discussion One report prepared by the Academic Network of European Disability experts is the labour market situation of disabled people in European countries. The report was published in 2009. The report aims to establish the status of national strategies established to ensure that disabled persons have access to the labour market. Access is not enough and the retention of disabled persons in the labour market is discussed. The report highlights impediments and barriers in respect of the access and retention of disabled persons in the labour market. It identifies the employment issues, labour market issues, supportive services and legislation and their failures and successes. The data that informs the report is submitted to the network by the members of the Academic network of European Disability experts acting as representatives of member states to the European Union. The report concludes with recommendations of the best employment and labour policies and features and trends in the labour market. Statistically, there are about 40 million people with disabilities in the European Union. Out of these approximately up to 60% are of working age. A person with disabilities is two or three times more times likely not to be employed than another abled person. The unemployment rate of people with disabilities in the European Union is close to 17%. This affects persons within the age bracket of 20 – 64 years. Persons with disabilities are paid up to 10% lower wages as compared to the abled persons. In the United Kingdom alone, there are about 5.5 Million disabled men and 6.6 disabled women. Of those in the working age in the United Kingdom, 50% are unemployed, and 44.3% are economically inactive. It is estimated that by 2020, 42% of jobs in the United Kingdom will require a degree as the minimum qualification. Education and training for the disabled is therefore paramount in reversing the inequity of these statistics. The labour market is targeted by the European Disability Strategy 2010 – 2020. It seeks to raise greatly the percentage of persons with disabilities working in the open labour market. Presently, they make up of only one – sixth of the overall working population in the European Union. The strategy wants this percentage raised. Study and research by various organizations have shown that the employment rate of the disabled is low as compared to the abled persons. This strategy aims to put the disabled on equal footing with the abled in terms of the employment rate. Literature Review The Equality Act Disability is one of the protected characteristics under the Equality Act 2010. The act defines disability as having a physical or mental impairment that causes a long time negative implication and affects the person’s ability to conduct his or her day to day activities. The impairment should be substantial in that it should be more than trivial. It should also be long term in that the impairment lasts for a period of 12 months or more. The Equality Act also categorizes persons infected with HIV, diagnosed with cancer or multiple sclerosis as disabled. Addiction to alcohol or non – prescribed drugs is however not covered by the definition of disability. The Equality Act protects the disabled people against discrimination in their places of work. Employers of such disabled people have an obligation under the Act to take reasonable measures to make the worker comfortable. The Act prohibits any form of harassment of the disabled worker at the work place. The work place should also have policies and guidelines on the treatment of the disabled. Such policies should cover areas such as selection for promotion, discipline and grievances, determination of pay and training and development. The policies are enacted to prevent discrimination (Equality Act 2010). Any grievances a disabled work may have against his or her employer is to be directed to an Employment Tribunal. It is however advisable for both parties to before lodging the claim seek to come to an agreement themselves. There are fee requirements that the complaint will have to comply with at the lodging of the claim and when the proceedings get to the hearing stage. A case has been heard under this Act is at the European Court of Justice FOA v Kommunernes Lansforening. The matter in issue was whether obesity can amount to a definition of disability. The court held that the condition itself does not amount to disability per se but in cases where the condition does lead to substantial and long term negative effects it may. If obesity impairs on the individual’s ability to conduct properly in a professional life, the individual may be protected under disability protection laws (Equality Act 2010). The United Nations Convention on the Rights of Persons with Disability This convention was adopted by the United Nations General Assembly on 13th December 2006 and came into force on 3rd May 2008. As of today it has 159 signatories and 153 parties. The European Union ratified the convention on 23rd December 2010 (Stammeringlaw.org.uk 2011). This convention places an obligation under Article 4 on state parties to develop and carry out policies, laws and administrative measures for realizing the rights established under the convention. The state parties also should abolish and do away with laws and customs that discriminate against persons with disability. The convention also seeks to change stereotypes and prejudices on disability by promoting civil education and public awareness. State parties also seek to peach about the many abilities of persons with disabilities. The convention requires countries to ensure equality in the enjoyment of rights and gives special emphasize to women, girls and children with disability (Stammeringlaw.org.uk 2011). On the economic front, persons with disability are guaranteed the inherent right to own property, to have control over financial affairs and to have access to bank loans and mortgages as under Article 13 of the convention. Accessibility and mobility is also important to the lives of the disabled. States are required under Article 9 to ensure that they can access the environment, transport services, public facilities and information and communication services. States should remove any obstacles and barriers that impede the realization of this right. They should provide training in mobility skills, access to mobility aids and devices and promote development of assistive technologies. State parties are also required to promote the use of Braille, sign language and other forms of communication as under Article 21. Education for the disable should also be guaranteed. The disabled should have equality in the access to primary, secondary, tertiary, vocational and adult education. Affirmative action measures are to be employed when and if the need arises. The dignity and sense of self-worth of the disabled should be maintained thorough establishment of special schools, special exams and special structures in the learning environment. In the working environment, discrimination of any kind is prohibited. The disabled are to have equal rights to work and gain their living both in the public and private sectors. Other forms of earning a living apart from employment are also to be encouraged. This includes self-employment and entrepreneurship. Disability Action Plan 2004 – 2010 This action plan was put in place by the European Commission building on the success of the European Year of People of Disabilities in the year 2003. The aim of this plan was to come up with directives and policies with the goal of enhancing the economic and social integration or persons with disabilities. The policies issued by the commission are to facilitate equal opportunities for people with disabilities. There are to establish a consistent approach to disability issues arising within the European Union. The policies recognize and protect the rights of disabled people. Directive 200/78/EC required all members of the commission to modify their laws greatly. The directive states that members should make laws for employers both in the public and private sectors. Their employment policies should ensure that they respect the rights of persons with disability (Stammeringlaw.org.uk 2011). The Action plan established the European Social Fund that put in place measures to support the integration of disabled persons in the labour market. The integration was further supported by innovative approaches in making the disabled worker comfortable at his or her work place. The commission also took action in the competition field. It issued a regulation required that member states were to finance up to 60% of the annual salary and social security costs when employers employ disabled workers. The member states were also to compensate companies and employers for any reduction in production levels and for special structures constructed. Directive 89/59/654/EC set minimum safety and health requirements standards for the disabled at the work place. The directive required the work place to be accommodative to the disabled worker and take in to account his or her special needs. The commission in 2010 published a paper titled European transport policy for 2010. In the paper the commission advocates for the expansion of accessible public transport for the disabled. The public transport system would enable the disable have access to medical services and also get to their places of work. The action plan was steered by the Commission’s Inter – service Group dealing with disability and it gave a progress report to the Equal Opportunities Group of Commissioners. European Disability Strategy 2010 – 2020. This strategy was adopted by the European Commission in the year 2010. The strategy builds upon the successes achieved by the Disability Action plan 2004 – 2010. It also adds to the United Nations Convention on the rights of Persons with Disability to which the European is a Signatory effective December 2010. The main objective of the strategy is to enhance the inclusion and participation of persons with disabilities. Objective number two of the strategy is to promote the accessibility by disabled persons. The strategy aims to make all goods and services easily accessible to people with disabilities. It encourages and promotes the use and market of assistive devices and technologies. The strategy also enhances the participation of the disabled in the public, political and social life of the society. All disabled persons are entitled to enjoy all the rights and benefits of European Commission citizenship (Stammeringlaw.org.uk 2011). Under the strategy, all forms of discrimination based on disability are prohibited and equal opportunities are the virtue to be adhered to.. Equal access to education of high quality is promoted by the strategy. Education would help the disabled to be included fully in the society and open up employment opportunities for the disabled. It will work hand in hand with the European Agency for Development in Special Needs Education to establish educational initiatives for the disabled persons. State parties of the European Union are to promote decent and comfortable living conditions for the disabled. The disabled persons are also entitled to the highest attainable standard of health. The strategy is to consult closely with the Academic Network of European Disability experts as it provides an overview of national policies, situations and data. Academic Network of European Disability experts This was created by the European Commission in the year 2007. The aims of the network are to establish and maintain an academic network in the field of disability. The network works closely with the Disability Unit of the European Commission. The network through its operations supports the realization of full participation of disabled persons. It also seeks to ensure that disabled people are fully guaranteed their inherent rights. The Academic Network of European Disability experts provide an academic support for the actualization of the European Disability Strategy and the United Nations Convention on the Rights of Persons with Disability. The Academic Network of European Disability expert holds annual sittings in various cities all around Europe. It also prepares and publishes reports and articles on issues of disability that arise in Europe. These reports help in promoting public awareness on the disability issue. They promote national and regional discussions and offer solutions and progressive measures to be taken. Charter of Fundamental Rights of the European Union The European Charter of Fundamental Rights contains rights that are inherent to every human being. It contains the civil, political and economic rights that are recognized by the European Union. The charter in addition has specific principles that apply to vulnerable groups such as the older people, children and people with disabilities. The sources of these rights include constitutional traditions, international instruments, the European Convention on Human Rights and Social Charters of the European Union and of the Council of Europe. The treaty of Europe gives the Charter the same legal status as a treaty. Before the treaty of Lisbon, the Charter was not legally binding and had only persuasive value (Schmitt, M 2008). The main headings established by the Charter include dignity, freedoms, equality, solidarity, citizen’s rights and justice. Under dignity, every person including persons with disability has the right to life, the right to integrity of the person and prohibition of torture. In the heading freedoms, all persons have the right to liberty and security, freedom of assembly and association, right to education, right to work and the right to conduct business. In equality before the law, all persons are equal in the eyes of the law. There should be equality in enjoyment of opportunities and benefits. Discrimination on all grounds is prohibited and it promotes the integration of persons with disabilities this is under Article 21. The heading solidarity covers the workers in all working environments. The heading also covers the right to social security and social assistance. Under the heading Citizen’s Rights, all persons have the right to vote. All persons should be presumed innocent until proven guilty and enjoy the right not to be tried for the same criminal offence (Schmitt, M 2008). The rights contained in the Charter of Fundamental Rights of the European Union apply to all persons. This is because of the principle of universality and indivisibility of human rights. All human rights are interdependent, interrelated and are in equal footing to each other. European Convention of Human Rights The convention prohibits discrimination under various grounds but fails to mention disability expressly as a ground of discrimination. Article 14 of the European Convention of Human Rights states that discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Despite the ground of disability not expressly stated, the European Court of Human Rights has stated that it is impliedly included. The court through various decisions has held that Article 14 covers disabilities and other health conditions in the context of the words “or other status”. Legal Discussion In the case of Glor V Switzerland (2009) the court realized disability as a ground of discrimination. It found out that the government of Switzerland had discriminated against Mr. Glor under Article 14 of the European Convention of Human Rights. His rights to private and family life under Article 8 had also been violated. The government had imposed a levy for his exemption from military service despite him being disabled. As a result of his disabilities, he could not carry out compulsory military service. He had been diagnosed with diabetes and was therefore rendered unfit for military service. However, the government decided that the condition of diabetes was not serious enough to exempt him from paying a military exemption tax. Mr. Glor however wanted to carry his military service and pay the tax and argued that he had been discriminated on the basis of his disability. The court ruled that discrimination had indeed taken place. In the case of Kiyutin V Russia (2011), the HIV positive status was ruled to fall within the ground of discrimination as stipulated in Article 14 of the European Convention on Human Rights. The government of Russia was found guilty of discrimination when it refused to confer a permit of residence to persons who were HIV positive. In G.N v Italy (2009), the government had treated with difference persons suffering from two genetic conditions haemophilia and thalassemia. The difference in treatment was found to amount as discrimination under the ambit of Article 14 of the European Convention of Human Rights. In IB v Greece (2013), an employer has dismissed an employee on the fears that the employee was HIV positive. A colleague of the employee has confided to the employer his fears and the employer went ahead to sack the employee. This was held to amount to discrimination against Article 14 of the European Convention of Human Rights (United Nations 2006). The European Union is on the forefront of this discussion through international instruments and regional instruments that are legally binding on the member states. National laws by specific countries and case laws that are binding to the member states also contribute in this discussion. Conclusion Persons with disability are vulnerable members of the society. For a long time they have been marginalized and their contribution to the development of the society socially, politically and economically has been ignored. However, with recent events and the modern world their input is greatly required. The world can no longer push aside the disabled. Their contributions are greatly required in all levels and aspects of the society. The hash tag disability is not inability has been ringing in the ears of most governments of the European Union and the world at large. Affirmative actions have been put in place to incorporate persons with disability into the society and economy. Overtime, persons with disability have proven the stereotypes and prejudices wrong by succeeding where many thought they would not. References United Nations 2006, United Nations Convention on the Rights of Persons with Disabilities [online] Available at: < http://www.un.org/disabilities/convention/about.shtml>. Schmitt, M 2008, Charter of Fundamental Rights of the European Union [online] Available at: < https://www.coe.int/t/ngo/Source/reading_guide_charter_en.pdf> Equality Act 2010 c. 15 (United Kingdom) [online] Available at http://www.legislation.gov.uk/ukpga/2010/15/contents Stammeringlaw.org.uk 2011, Glor v Switzerland [online] Available at: Read More