Anti-Discriminatory Practices for Disabled Children - Essay Example

Anti-Discriminatory Practices for Disabled Children Imagine a world where everyone seems to be able to do so many things you obviously can’t. People look at you differently from the way they look at others – perhaps more kindly, perhaps more gently, perhaps with more pity or worse, with impatience or disgust. It can be different with a variety of personalities you may encounter. Imagine how you may feel when you desperately want to do something but are unable to….go places but can’t…. be someone greater, but so many impediments imprison you to just stay put and just be yourself. How frustrating it must be! Who said life is full of possibilities? Yours seem to be very limited. Such is the worldview of most people with disabilities….a life of limits and discrimination. This paper attempts to tour the readers into the world of disabled persons, specifically, children. It hopes to create awareness of the struggles they encounter with their disabilities and how they are made to cope with it. More importantly, it discusses how society makes an effort to adjust to their special needs and to implement anti-discriminatory practices in accepting them into the mainstream. Definition of Disability . “A broad definition of a developmental disability is a condition or disorder—physical, cognitive, or emotional—that has the potential to significantly affect the typical progress of a child’s growth and development or substantially limits three or more major life activities including self-care, language, learning, mobility, self-direction, capacity for independent living, and/or economic self-sufficiency “ (Federal Developmental Disabilities Act of 1984). In New Zealand, the social model of disability offers a different viewpoint: “Disability is not something individuals have. What individuals have are impairments. They may be physical, sensory, neurological, psychiatric, intellectual, or other impairments. Disability is the process which happens when one group of people create barriers by designing a world only for their way of living, taking no account of the impairments other people have. (New Zealand Ministry of Social Development, 2002) This definition of disability points at another direction, other than the person concerned. It puts the blame on how society treats the “impaired” individuals. Others choose to define it in a more humanistic way. Vygotsky, a world-renowned psychologist hypothesized that “a child whose development is impeded by a defect is not simply a child less developed than his peers but is a child who has developed differently” (Vygotsky, 1993). He further emphasized that “what made development different for those with mind and body differences was the intellectual and social compensatory processes in which they were powerfully motivated to engage in order to be part of their social milieu.” (McPhail & Freeman, 2005). Vygotsky claims: “In the final analysis, what decides the fate of a personality is not the defect itself, but its social consequences, its socio-psychological realization” (Vygotsky, 1993). The multi-faceted view on disability invites investigation as to its sociological effects. Disabled people often elicit ambivalent reactions and opinions that sometimes lead to their discrimination as a minority group. To be able to understand the phenomenon of discrimination, it is essential that society’s view of the disabled be understood. How People View Disability The bell curve has been a basis for placing individuals in terms of their characteristics and abilities, with those falling within the bell as normal. “Thus, all those who deviated from the norm, but particularly those who were ranked as being “below” the norm, such as individuals with body and mind deficiencies, were not endowed with the “greatness, beauty, and goodness” of the average man.” (McPhail & Freeman, 2005). This puts a negative implication on such individuals who are mostly disabled. Hehir (2002) regards “able-ism” in the following manner: “The devaluation of disability [that] results in societal attitudes that uncritically assert that it is better for a child to walk than roll, speak than sign, read print than read Braille, spell independently than use a spell-check, and hang out with nondisabled kids as opposed to other disabled kids, etc. In short, in the eyes of many educators and society, it is preferable for disabled students to do things in the same manner as nondisabled kids.” This clearly points out the deficiencies of disabled persons as being burdens that hinder their productivity as individuals, which leads one to question why well-intentioned teachers (and some parents) focus on what is lacking rather than what is functioning well in their students/ children. (McPhail & Freeman, 2005). A study by Gill Parkinson (2006) investigated counselors’ attitudes towards disability during their Disability Equality Training (DET). It was to be expected that these counselors are trained to “alleviate” or “treat” the disabled person’s impairment or abnormality or to correct the deficit to make him as “normal as possible”. Beckett and Wrighton (2000) have argued that in reality this attitude does little to remove the barriers to physical and psychological exclusion of disabled people and indeed could be seen to perpetuate the negative attitudes that such services aim to remove. Some people get “surprised at the range and variety of guises in which disability could manifest itself. Others found it difficult to appreciate that the self-image and self-concept of disabled people might have similarities to those of non-disabled people, particularly when people with physical impairments came to see them.” (Parkinson, 2006). One counselor observed, “I found it very hard to see the person as someone in their own right. I kept looking at their wheelchairs or their glasses. It took me a while to see them just as a person who watched the same TV programmes as me and laughed at the same jokes. I feel sad about that.” An examination of one’s views of disability is therefore in order. It is essential to honestly assess if it is viewed as either or all of the following: a tragedy; irrevocable loss; . dependency on others; . externally imposed; .a control and empowerment issue; when disability seen as a label not a person; and as a difference. (Parkinson, 2006) Upon being aware of one’s personal view will there be an understanding and openness to moving forward to implementing anti-discriminatory practices. Parkinson notes that DET “has the potential to unite counselors and their disabled clients together in a shared acknowledgment of values and attitudes about disability, the need to overcome disabling barriers, to promote positive self-identities and self-determination of disabled people using counseling services.” (Parkinson, 2006) What is Discrimination? It is quite normal to view someone being different as an object of interest because one does not understand his background. Usually, the expected reaction from a more “common” individual is to regard the “different” one with curiosity or even wariness. Dickins (2002) have enumerated how children may become targets of discrimination and bias if they are seen to be different as thus: are physically different (skin colour, weight, etc.) dress differently behave in what is perceived as a ‘difficult’ or ‘abnormal’ way are from poor social backgrounds belong to a minority cultural, ethnic or religious group have English as an additional language communicate with difficulty have physical, sensory or mental impairment. “This list is not exhaustive. It is perfectly possible for a white child from a wealthy background to be prejudiced if they are in a setting where they and their families are seen as different from the majority group and resented. This is not an argument for segregation in terms of privilege – it only further highlights the relevance of anti-discriminatory practice for all staff in types of settings.” (Dickins, 2002) Government efforts "All human beings are born free and equal in dignity and rights.... Everyone is entitled to all ... rights and freedoms ... without distinction of any kind.... All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination ... and against any incitement to ... discrimination.... Everyone has the right to a standard of living adequate for ... health and well-being .. Including ... the right to security in the event of ... disability...." --Universal Declaration of Human Rights, Articles 1, 2, 7, and 25 Historically, disabled people have been treated as dependants by their more able relatives and hired caregivers. However, that is not what the majority of disabled people want. “They want to be part of society, they want to produce, be part of, rather than apart from. The cost of dependence is no longer acceptable and it has become all too apparent to politicians whether they are supportive of equal rights for disabled people or not. Thus there is an economic issue about the need for anti-discrimination legislation. “ (Barnes, 1998) In the UK, passage of the 1995 Disability Discrimination Act (DDA), affords protection to disabled people against discrimination in certain prescribed areas, principally employment, education and the provision of goods and services. However, some disabled individuals have found fault with this law. Colin Barnes, himself as disabled person comments, “Firstly the law in Britain is a law structured on a medical definition of disability. It doesn’t focus on the real issues. It addresses disability from a medical perspective. It focuses on the disability of the individual as the cause of the problem. Some disabled people, some people with learning difficulties and some people with mental health problems, or, mental health system survivors as they prefer to be referred to in the U.K. are not covered by the act. The question of causality as I say is linked to the impairment rather than the way society is organised. So the idea that somehow adjustment is necessary is inherently paternal rather than a right. “ (Barnes, 1998). He suggests that in order to introduce a comprehensive discrimination policy, the following are to be considered: policies to integrate disabled people into the community; policies to break down barriers to employment such as quota schemes, affirmative action to persuade employers to take on disabled people; a comprehensive benefit system which is geared to getting disabled people into work, not one that encourages disabled people not to work and not to look for work; a flexible policy which allows disabled people to work at their own pace; recognition that not all disabled people can work at the same pace as non-disabled people; an education system which is inclusive for all children; a health care system which does not discriminate against those who have particular impairments (in the U.K. people with Down’s syndrome are often refused heart operations on the basis that their contribution will not be as valuable as others); a strong enforcement mechanism; and policies that will address discrimination in transport, accessible housing, and accessible environment. (Barnes, 1998) Article 23 of the Convention on the Rights of the Child was written specifically for the benefit of disabled children (see Appendix 1). Anti-discrimination clauses for children are stated as follows: "States Parties shall respect and ensure ... rights ... to each child within their jurisdiction without discrimination of any kind.... States Parties shall take all appropriate ... measures to protect the child from all forms of physical or mental violence, injury or abuse..., maltreatment or exploitation.... States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance, and facilitate the child’s active participation in the community. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension ... to the eligible child and those responsible for his or her care, of assistance ... which is appropriate to the child’s condition.... [A]ssistance ... shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development...." --Convention on the Rights of the Child, Articles 2, 19, and 23 As mandated by law, and as governed by our conscience in caring for the disabled children in the population, it has become a duty to implement a system characterized by anti-discriminatory practices to fully accept and accord due attention and care to these individuals who are truly in need of being treated as special as anyone else deserves to be treated. Current Anti-Discrimination Practices Levine’s (2002) clinical work with students with learning disabilities has also indicated that a recognition of and capitalization on their specific strengths of mind fosters their development, whereas a focus on their specific weaknesses compromises their development. This would be a good guiding principle when dealing with children with all kinds of disabilities. In doing so, their self-esteem is built up and they are empowered to push themselves towards their optimal potentials. Dickins identifies essential elements valued by settings upholding anti-discriminatory practices as: Diversity and the valuing of all differenced A setting whose practice is antidiscriminatory will celebrate and value differences in identities, cultures, religions, abilities and social practices. Self-esteem and positive group identity A setting will recognize the impact of discrimination, the social inequalities and their effect on young children and their families. Such a setting will identify and remove practices and procedures that discriminate. Fulfilment of individual potential A setting will value children and adults for their individuality and ensure a sense of belonging that promotes self-esteem. It will respect where children come from, what they achieve and what they bring to the learning situation. The full participation of all groups in society A setting will appreciate the importance of what is learned and what can be unlearned in the early years and recognise the wider aim of early education to lay the foundations of a more just and equitable society. (Dickins, 2002) Practicing anti-discriminatory approaches involve a thorough understanding and acceptance of diversity. One needs to examine personal prejudices and work towards “unlearning” such prejudices and promoting positive values for everyone concerned. “Gathering a repertoire of strategies to ensure settings are welcoming, non-threatening and stimulating places to be where children and families are valued because of their differences and not in spite of them” (Dickins, 2002) and disseminating awareness, confidence, skill and knowledge to challenge and educate effectively those who continue to harbor discriminatory views and behavior are noble but doable tasks. Of course, constantly monitoring, evaluating and adjusting practice and procedures to be appropriate to a variety of cases must be strived for. Case in point: Percy Hedley school An institution upholding anti-discriminatory practices worth emulating is the Percy Hedley School in UK. The school set up was designed especially for children with cerebral palsy. “In the intervening years the school has continued to develop in response to the needs of children and young people with cerebral palsy and also those with significant speech, language and communication difficulties. “ (from the school prospectus). The school, in collaboration with parents and professionals in various fields, provide excellent education, therapy and care for its students. A multidisciplinary team provides high quality education, care and therapy for the students (see Appendix 2). These people work together to ensure that their disabled students get the best possible treatment that would promote their optimum learning and development just like any other normal child deserves. Being transparent in their advocacy for child protection, the school provides clear policies and guidelines for good practice. These documents are accessible to all staff and parents. Procedures for complaints against suspected offenders of the students follow objective and fair steps that may include the involvement of child protection agencies and social services for anti-discriminatory practices, if necessary. The children are empowered to assert their rights if they feel that they are not being treated well. In one of the documents written for the children, it says, “You have a right to be treated properly and you have a right to complain if you think you are not being treated fairly.” Such a clause indeed reflects anti-discriminatory practice being passed on to its main beneficiary. A fitting ending to this report comes from Dickins (2002): “Anti-discriminatory practice strives towards all the children and the adults in a setting developing and maintaining high self-esteem and being proud of where they come from.” References Barnes, C. (1998) “Discrimination and the law - the British Experience”, Conference on Legislation for Human Rights, Stockholm, Sweden, 24 August 1998 Beckett, C. & Wrighton, E. (2000). “What matters to me is not what you are talking about maintaining the social model of disability in public private negotiations.” Disability and Society, 15(7), 991_/999. Dickins, M. (2002, 3 January). “All about… Anti-discriminatory Practice”, Nursery World, pp. 15-22 Disability Discrimination Act 1995. Available at: http://www.opsi.gov.uk/acts/acts1995/95050--a.htm#1 (Accessed: 09 April 2007) Disability Discrimination Bill. Available at: http://www.publications.parliament.uk/pa/ld200405/ldbills/006/2005006.pdf (Accessed: 09, 2007) Ellis, K. (2005) “Disability rights in practice: the relationship between human rights and social rights in contemporary social care” Disability & Society Vol. 20, No. 7, pp. 691–704 Federal Development Disabilities Act of 1984. Hehir, T. (2002). Eliminating ableism in education. Harvard Educational Review, 72, 1–32. Levine, M. (2002). A mind at a time. New York: Simon & Schuster. McPhail, J.C. & Freeman, J.G. (2005) “Beyond prejudice: Thinking toward genuine inclusion”, Learning Disabilities Research & Practice, 20(4), 254–267 New Zealand Ministry of Social Development. (2002). The New Zealand disability strategy. Wellington, New Zealand Office of the United Nations High Commissioner for Human Rights, (1989) Convention on the Rights of the Child, Geneva, Switzerland. Parkinson, G. (2006), “Counsellors’ attitudes towards Disability Equality Training (DET)”, British Journal of Guidance & Counselling, Vol. 34, No. 1, February 2006 The Percy Hedley School Prospectus (n.d.) Available at http://www.percyhedley.org.uk/ (Accessed on March 30, 2007) Universal Declaration of Human Rights, Available at: http://www.unhchr.ch/html/menu3/b/a_udhr.htm (Accessed: 09 April 2007) Vygotsky, L. S. (1993). Fundamentals of defectology. New York: Plenum Press. Weaver, C.J. (2005) “Children With Disabilities in the Child Welfare System” Social Work Today Vol. 5 No. 3 P. 24 Appendix 1. Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by  General Assembly resolution 44/25  of 20 November 1989 © Copyright 1997 - 2003 Office of the United Nations High Commissioner for Human Rights Geneva, Switzerland Article 23 1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the childs active participation in the community. 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the childs condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the childs achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development 4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries. 2. Percy Hedley Web of Support Read More