Disability and Health Disability Barriers - Term Paper Example

Challenging disability Most of us are disabled or 'challenged' in some side of our physical or mental capability. The range of humancapability is wide, and it is on their competence that people with a disability would like the society to focus. As the subject is complex and controversial, therefore there is no only generally accepted, clear-cut definition of disability. Three of the main sources for definitions of disability are the legal medical and social models. The medical model uses the World Health Organization (WHO) definition. WHO in 1980 outlines the relationships between impairment, disability, and handicap. The simplified working definition is called the International Classification of Impairments, Disabilities, and Handicaps i.e. ICIDH. It uses these terms to describe the inter-relationship, aiming to achieve consistency in the meaning and use of the labels. The focus is on functional difficulties. A disease, disorder or injury creates an impairment causing an amendment in ordinary functioning. Impairment is the failure at the level of organs or systems of the body. This is the loss or abnormality of psychological, physiological or anatomical structure or function. A disability refers to the resulting fall or loss of capability to perform an activity in the manner considered normal for a human being e.g. climbing stairs or maneuvering a keyboard. A handicap is a social disadvantage resulting from an impairment or disability, which limits or prevents the completion of a normal role. (Mercer, 2003) This medical model makes obvious the interplay of factors acknowledging that grey areas requiring understanding are acceptable within the definition. For purposes of evaluation, quite often what matters is not the medical condition but the complementary decrease or loss of function resulting from a disability. The social model separates an individual's exact impairment from his or her disability. In this loom, a person with impairment becomes 'disabled' when the organization of the society in which they live eliminates them from mainstream activities. The Royal College of Physicians stresses the need to think disability in the context of a disabled person's encounter with daily living, the environment and society, not only in exact circumstances, but also in the whole of that understanding. Then this can meet the needs of individual differences and concentrate on the external, reversible factors. Clarifying 'barrier-free' policies for everyone rather than 'special case' policies for people with labels creates a more dynamic loom (Mercer, 2003). Another model incorporates the legal feature and includes the rights of the individual. In 1995, the current UK Disability Discrimination Act (DDA) was introduced to progress person beyond the limitations of the 1944 register for disabled people and the allocation system. The Act states that a person has a disability for the purposes of this Act if he has: 'a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day to day activities.' The purpose of this legislation is to protect individuals with a disability, which makes it complicated for them to carry out ordinary, routine, day-to-day activities. The disability can cover physical, sensory, or mental faculties. It must be considerable and last for at least one year. The Act requires employers with fifteen employees or more to make 'reasonable provision' for disabled workers. The financial stakes are high in case of disabled persons which results in inquiries around conclusion of legal, industrial, discriminatory, or insurance claims, assessment for medical aid, supply of high-tech equipment, provision of expensive prostheses, and access to special facilities, including education. Allocation of these increasingly expensive, sophisticated and necessarily limited resources always centers on the evaluation of the degree of disability. It is crucial to relate the disability to the level of persistent functioning. For example, a shortsighted person may meet one test for disability, even as with corrective lenses few would regard his shortsightedness as a disability. Until now, if the myopia were stern or seriously progressive, no one would argue that this visual problem or partial sight did not constitute a disability. A significant disability like blindness does not stop a senior politician from performing a leading role, even if he has to find creative ways and maintain to conquer the functional handicaps of his impairment. Since many people show 'normal' and also manage well much of the time, although in practice their day to day performance can be seriously affected. Therefore, mental illness is at risk of going unobserved, with the individual accordingly deprived of the necessary support until significant inappropriate behaviour is demonstrated. The reasons are a combination of the unseen nature of the disability, the lack of a formal diagnosis, and the poor level of awareness of mental health issues amongst the healthy population. Disabled people do not figure a fixed or easily identified group distinctive from the rest of society. Some impairment improves with time however others are intensified. There are disabilities that are invisible, like diabetes, dyslexia, hearing loss, and mental illness. People not born with impairments can attain them in the course of accident or sickness, and others born with them may gradually decline. There is a strong need to fight partiality and to drive out presumptions in any analysis of disability. The disabled want the focus of their social relationships and medical involvements to be on their capabilities as far as that is practically possible. They wish to be accepted within society on an equal footing with equal rights. Typical situations include an employer may assume that disability will be an challenging burden, discharging the potential and commitment of the individual, in unawareness of the practical experience that disabled workers are frequently highly motivated, effective workers with good attending records. Disabilities clearly can impose limitations; but the goal is unprejudiced and equal opportunity to show their creativity and their capability to function in day-to-day life and work. (Mercer, 2003) Disability is not so much an aspect of the individual as of the social and physical environment in whichhe or shelives. The nature of the disability experienced by the individual can be reasonable when environments and practices are designed to be comprehensive. Even though there is minute that staff in universities can do to alter the facts of students' impairments, there is much possibility for changing the environment so that it is less disabling.By implementing the strategies in this resource we can minimize the degree to which universities disable students. Some disability studies scholars argue for a more interactional and relational understanding that views disability as the result of the interaction between the individual and contextual factors.(Hauerwas, Swinton, 2005) The impact of society's structures may be larger for those with disability. For example the diffidence of transport has a differential impact on the lives of people with disability, as they are less probable to use private car. A recent study found that 23% of people with disability actively seeking employment had turned down a job offer and 20% found it difficult or impossible to get the healthcare they wanted because of difficult to get to transport. It is important that disabled students are able to show their knowledge, skills and abilities in assessments, so cautiously planned adjustments may be essential in order to create a more level playing field. A supple approach is required, but this must be combined with academic firmness so that assessment is equitable and there can be no submission of unfair advantage or preferential treatment. Disabled children are being denied the ability to lead more normal lives by care services that routinely fail to consult them and which too often separate them from their families. It is noticed that children's views and feelings are often ignored and that lack of communication makes it possible for bullying and abuse to go unrecognized and unreported. Studies have shown that some children are sent away to residential schools at a very young age and that placements were sometimes made for social rather than educational reasons. Children with multiple impairments and complex needs were the most likely to be moved away from their homes. Young people who had been placed in residential homes and schools recalled their distress at being separated from their families, although some mixed sadness with recognition that others thought it best for them. Parents often found it difficult to visit regularly and, in a few cases, children had lost all contact with their families. (Hauerwas, Swinton, 2005) The study also found that many young people lacked access to a communication system that suited their needs and had no routine access either to people who understood the ways that they communicated, or to independent facilitators. The research found that most social workers had not documented the wishes or feelings of disabled children who were being considered for placements away from their families. The majority of disabled children in contact with social services had communication impairments, yet social workers had rarely received any specialist training to help them. (Hauerwas, Swinton, 2005) There is need to eliminate the barriers to participation and independence of disabled people. The New Zealand Disability Strategy and European Union Disability Strategy supports changing the mode society thinks about disability issues, moving from within a welfare or medical framework to understanding disability within a rights framework using a social model. This strategy recognizes that disability results from barriers people face when society does not take their impairments into account. Employing the strategy requires all sectors of the community to hold these elementary shifts in thinking about disability and to make important changes in their areas of influence. Disabled people have the right to fully participate in all features of society, on the same basis as non-disabled people can do. However, three inter-related barriers limit full participation by disabled people: Lack of equitable access to opportunities, information, buildings, transport, services, etc Discrimination and ignorance resulting in negative discrimination or lack of appropriate accommodations A brutal cycle of lower economic, educational and health status relative to the rest of the population To remove these barriers to participation or independence, policy makers have to identify them in their policy area and remove them. For example, you will need to recognize existing barriers when defining the problem, and make sure you do not create new barriers when you develop proposed solutions. You may find there is insufficient information about disabled people in your policy area. This is itself a fence to including disabled people. It will show you there is a need for further investigates, or modifications to databases and your agency's information collection in order to remove this barrier. (Swain, French, 2003) As well as encouraging citizenship, building government capacity and improving disability support services, the Disability Strategy seeks to promote disabled people's contribution in all areas of life. These incorporate health, education, employment and income, housing, the built environment, transport, recreation and communication.One feature of this is that disabled people have access to appropriate health services in the community.Also, The Disability Strategy has a specific objective to improve education so that all children, youth and adult learners have equal opportunities to learn and develop in their local, regular education centers, supporting the provision of opportunities for employment and the economic development of disabled people. The purpose is to make sure that disabled people have sufficient income to lead independent lives. Moreover, to support quality living in the community for disabled people. One feature of this is that disabled people have a choice of affordable, good-quality housing, and that they can move about within their built environments. Also, ensuring that disabled people can move around the community by providing accessible public transport. Central government agencies should involve in implementation activities related to public transport includes the Ministry of Transport and Land Transport. And to support lifestyle choices, recreation and culture for disabled people and the development of independent communication by disabled people. (Swain, French, 2003) Objectives and Strategy - European Union: These include objectives based on Non-discrimination as the Union recognizes and respects the right of persons with disabilities to benefit from measures designed to make sure their independence, social and occupational integration and participation in the life of the community. 1. Any discrimination based on any ground such as sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be discouraged. 2. Within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, and without prejudice to the special provisions of those Treaties, any discrimination on grounds of nationality shall be discouraged. (Morton, 2008) Wherever there are issues that are needed to be addressed, there is need to do legislation on them. Like other issues, there is legislation on this issue of disability in UK. In 1995, Disability Discrimination Act makes it unlawful to discriminate against a person on the grounds of disability in the areas of employment, provision of goods, facilities and services and buying or renting land or property. Disability is defined in the Act as 'a physical or mental impairment, which has a substantial and long term adverse effect on a person's ability to carry out normal day to day duties'. 'Long term' is currently defined as 12 months or more, unless the person's life expectancy is less than 12 months, for example, in some cases of cancer. There is another act i.e. Special Educational Needs and Disability Act (2000) SENDA which relates to Education. It came into force in September 2002 and means that Universities, Colleges and Local Education Authorities have legal responsibilities not to treat disabled learners less favorably for a reason related to their disability and to provide reasonable adjustments for these students. The responsibilities are anticipatory. Another legislation act i.e. The Disability Discrimination Act 1995 (Amendment) Regulations 2003 came into force in October 2004. They extend the provisions of the original act to cover all employers, no matter how small, no matter how few employees they have in their organization. An estimated one million more employers were brought under the scope of the Act. Employment provisions of the Act were extended to include: office holders, contract workers, self-employed people contracted in by an organization to provide a specific purpose, trustees/managers of occupational pension schemes and organizations which provide employment services. The Act also extended provision to cover people undertaking work experience for a short period of time for the purposes of vocational training, including students. The regulations also developed the definition of what constitutes disability discrimination. Three kinds of discrimination are defined i.e. direct discrimination, Failure to make reasonable adjustments, Disability-related discrimination. Victimization and harassment are also specifically inhibited. The scope for reasonable adjustments has also been vast. Following the introduction of these regulations reasonable adjustments are required to any provision, practice or decisive factor, which puts disabled people at a substantial disadvantage in comparison to non-disabled people. (Graham, 2008) This legislation enhanced the Disability Discrimination Act 1995 (DDA) was enhanced in a number of ways in Disability Discrimination Act in 2005. Major feature is the duty on public sector bodies to promote disability equality. The general duty under the Disability Discrimination Act 2005 requires the University to work to: 1. Eliminate unlawful disability discrimination and harassment 2. Promote equality of opportunity and positive attitudes towards disabled people 3. Take account of people's disabilities 4. Encourage participation by disabled people in public life. (Graham, 2008) References: Barne.C, Mercer.G, 2003, Disability, Blackwell Publishers Barne Hauerwas.S, Swinton.J, 2005, Critical Reflections on Stanley Hauerwas' Theology of Disability: Disabling Society, Enabling Theology, Haworth Press Swain.J, French.S, Cameron.C, 2003, Controversial Issues in a Disabling Society, Open University Press Morton.D, 2008, Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits,Nolo Graham.J, 2008, Autism, Discrimination and the Law: A Quick Guide for Parents, Educators and Employers, Jessica Kingsley Publishers Read More