Equality Act 2010 and Elimination of Disability Discrimination - Essay Example

? DISABILITY LAW No Lecturer) & Equality Act and Elimination of Disability Discrimination Introduction Equality Act 2010 has been very instrumental in the protection of disabled people from both direct and indirect discrimination. From the onset, it should be noted that it is not an individual’s which to be disabled. While some people are born disabled, others develop this condition in their course of life as a result of natural or manmade calamities. Some people have been left disabled owing to accidents or diseases1. Discrimination against these people is not justifiable since anybody is a potential candidate of this condition. The role that Equality Act 2010 has played cannot be underestimated. The equality Bill received royal assent in April 2010 and became an Act. It was a replacement of all the existing acts on discrimination. Actually it did consolidate all these legislations. Some of the acts that were consolidated to come up with the equality Act include Disability Discrimination Act 2005, The Race Relations (Amendment) Act 2000 and Equal Pay Act 19702. This act reforms, streamlines and harmonizes these previous legislations with the sole aim of achieving equality among people regardless of their physical or mental state. Thesis Statement The Equality Act 2010 has been very effective in eliminating disability discrimination in all walks of life starting from the physically to mentally disabled. Components of the Act The Equality Act 2010 covers up nine guarded features which make it a breach of law to discriminate any individual on the grounds of age, disability including those who have or previously have had a disability. It also makes it unlawful to discriminate against anybody on grounds of gender relocation, marriage and civil companionship, pregnancy and motherhood, race, religion or belief comprising lack of belief, gender and sexual orientation. The act covers fields such as those of employment, goods and services, facilities admissions and treatment of students. There are a number of significant changes in the Equality Act 2010 that have had a lot of positive impacts in the sector of education which is fundamental to the development of the country. The definition of direct discrimination has since changed to include the protection from discrimination based on both the perception and association for all the nine characteristics protected by the Act. Discrimination is no longer a direct and evident but sort of perceptual and associative. As such, the Act has been very crucial in shaping the society by eliminating discrimination. The Act has also explicitly extended discrimination protection to disability. Again, this is with the view that those who are disabled either physically or mentally did not choose to be in the condition and, therefore, there is absolutely no reason to discriminate against them3. If anything, they are very important components that can steer the society forward if given the opportunity to do so and should, therefore, be made to feel equal to the rest of the society. The disability-related discrimination has also been replaced by a newer kind of discrimination: discrimination against disability. It is unlawful to discriminate anyone because of disability in any sector whether in education or in any other sector. The breastfeeding mothers can now be explicitly protected ensuring that a woman is neither looked down upon nor treated in a less favourable manner just because she is breastfeeding. With this in mind, a breastfeeding mother feels free and as an important component of the society. She lives a stress free life since she is considered an equally important part of the society. The Act also protects pregnant students from discrimination. For a long time, students have been discriminated against on grounds of pregnancy. They are not treated fairly and equally giving rise to a sense of disorientation and isolation. This does not provide breathing space for academic excellence in schools. The Extent to which the Act has eliminated Disability Discrimination The Equality Act 2010 has played very crucial roles in eliminating disability discrimination. Disability discrimination refers to the discrimination of individual on the basis of their physical or mental status that has somehow rendered them unable to perform tasks that others may do. Disability results from the natural ones such as blindness (visual disability), hearing disability, and mobility disability among others to those that are inflicted on an individual’s course of life as a result of a disease or accident4. The act has realized tremendous success in the elimination of discrimination thereby presenting every individual with an equal opportunity to build the society. The Act has eliminated disability discrimination through the following ways: Promotion of Education for all people For a long time, there has been discrimination of people on the grounds of their disability thereby thwarting their dreams of achieving good education. The disabled never had equal opportunity to access education as those without a disability. However, with this act that has been rendered a thing of the past. No individual can be denied the opportunity to have a good education. Today, those with mobility, hearing, visual or any other disability now have equal opportunity and cannot be stereotyped or stigmatized on the basis of disability. The stigmatization of people living with HIV/AIDS has also gone down. For many years, these people were discriminated against leaving them feeling disoriented and isolated. This feeling denied them their sense of belonging. However, today this is not the case. In the learning institutions, individuals with HIV/AIDS and other conditions such as cancer that can potentially render them disabled are treated equally with others free of these conditions. Moreover, this Act has restored dreams of expectant students, the dream to access the opportunities to access education just like the others. Formerly, there was a lot of discrimination against pregnant students. They were considered as women who should stay back at home and wait for their babies. This is not the case today mainly because of this Act5. A lot has changed, and these people now have the opportunity to learn just like the others without fear of discrimination or intimidation based on their condition. Equality in access of education and providing education for all is a very significant step towards the development of the society. It goes without saying that some of the disabled individuals have very brilliant ideas that can be very beneficial to the education sector and to the development of the society in general. As a result, giving them equal opportunity to access education and contribute their knowledge and skills is a step towards the development and the well being of the society. Eliminated Discrimination based on Religion In some religions, the disabled were considered as cursed or outcasts. However, with the coming of the Bill and its assent into law, this has changed. The Act recognizes that it is unlawful to discriminate an individual based on his religion. Whatever beliefs that an individual ought to be respected and should never at any point form a basis of discrimination against him. This applies to everybody including the disabled. Disabled people have a right to believe in what they believe in. They have a right to their conviction, and it is unlawful to deny them this opportunity. They also have a right not to believe in what they do not want to believe in and should not be forced to do against their will. The Act has recognized this important aspect and, therefore, has given them the opportunity to subscribe to any faith they feel comfortable including holding to no faith at all. The act has, therefore, achieved a lot for the disabled, ensuring that they are treated equally with others in churches and other centres where people worship. The feeling that they are not part of the society even in these congregations has been eliminated. They have a sense of belonging and sharing their most sacred convictions with the others without the fear of being judged, discriminated or intimidated. This is a good thing for the upward movement of the society given the tremendous role that religion plays in the society. Eliminated Discrimination on the Basis of Physical Disability There was a particular way that the society used to view those who are physically disabled. Conditions that impair an individual's abilities and render them disabled include those that impede mobility, physical dexterity, manual co-ordination, the capacity to lift, take or move daily objects, speech, hearing or eyesight, memory or ability to focus, study or understand, and understanding of the danger of physical menace. Discrimination occurs when a disabled person is treated in a less favourable manner than someone else; the treatment is for a reason involving to the person's disability and the action cannot be vindicated6. Discrimination also happens when there is a letdown to make a logical adjustment for a disabled person, and that failure cannot be warranted. This is how the society used to treat the disabled. However, with the assent of the Equality Bill into and Act, this is no longer the case. No individual has any reasonable, justified or not to discriminate against an individual on the basis of physical disability such as any of those described above. There was also a significant amount of stigmatization on those who had physical disabilities such as HIV/AIDS. This left them segregated from the rest of the society. They were looked down upon and treated coldly by the rest of the society. In essence, they were seen as lesser beings; those who did not have a right to belong, to contribute and serve like the other members of the society. The disabled people felt unprotected and had no reason to be happy at all. While these acts were not justified or even ethical, the society continued to treat these people with a lot of contempt. They needed a shield against this stigmatization, a protection from this sad isolation, yet they, in every aspect, were equal by virtue of humanity. The opportunity to find that protection presented itself when the Equality Bill was assented into an Act7. They can today be seen as equal and can contribute on matters affecting not only their lives but also the wider society. The Act has also seen the society stop the cold treatments and intimidations that were meted on these people. They are now treated as equals. They are able to contribute their ideas, which sometimes are very brilliant and can significantly contribute to the development of the society. This was never the case earlier. Besides, they can now have a sense of belonging. They now feel themselves being members of the society and equal to the other members. It is no wonder that today it is not strange to find disabled people leading groups, societies and organizations. Because of this Act, it is not surprising today, to find disabled people contesting elective seats and not just that but winning and sometimes with very big margins. Some of them have won elections with a landslide. This was not to be expected before. A Job opportunity for the disabled members of the society is yet another testimony to the tremendous success that the Act has realized. Before, these people were not given the opportunity to get the opportunities like their counterparts who were considered able and physically fit to discharge duties and responsibilities. These people have come to prove the saying that disability is surely not inability. They have done a lot to the society in terms of leadership and contribution of ideas towards the forward movement of the society. Promoted Gender Equality For a long time, the society treated the female human beings with a level of bias. In many communities women were seen as lesser beings. In some places, they were there to be seen and not to be heard. The implication of this is that they could not be allowed to contribute their ideas towards the running of the affairs of the society. Since they were seen as lesser beings, even their ideas were seen as being less and inconsequential and, therefore, they had no place in the society. Their work was to take care of the kitchen and to bear children. Things are not the same today. Women and men are equals. The formerly known ministers of the affairs of the kitchen and child bearing can now become heads of states. This is a change for the good of the society. Such aspects have been made possible by the Equality Bill. The result has seen women coming up with very constructive ideas, which have helped to steer many communities forward. The Act has restored the dignity of women making them happy with a sense of orientation and feeling of being part and parcel of the society. Because of the elimination of what was huge impediment to the welfare of women, today they feel protected against these. They have the space to work just as their male counterparts. It is said that women can equally do what men can do, and they have proved this. The opportunity to prove this has been presented to them by this Act. Furthermore, the role of women towards the development of the society can now be understood. It is today very clear that a woman is an independent being with a mind of her own and who deserves respect and dignity. Previously, this was not possible. In fact, women were made to believe that they were not equal to men. This gender equality has ensured that the rights of both men and women are well protected. Both men and women today have the right to access education. Previously the right of the girl child to have equal rights to access education as the boy child was not safeguarded. The girl was expected to stay back at home and perform the household chores with the mother while the boy child went to school. This is not the case today. Both boys and girls are considered equal. In the employment sector, the males happened to take almost everything. There were serious cases of gender imbalance with regards to the employment opportunities. This Act has played a very significant role towards ensuring that both men and women get equal opportunity to serve their societies contributing their expertise and skills. It is not a farfetched reality that some ladies have more brilliant ideas even more than some of their male counterparts. They have made fundamental contributions to the society. All these, however, could not have been realized if they were not given the platform to contribute these superior skills. This Act has provided the much needed platform for these important people to come up and contribute such talents and skills that may have been silent for a long time. Promoted the respect and Dignity of Women during Maternal and Post Maternal Periods Pregnant women in some instances are discriminated and looked down upon because of their condition. This is not fair given that even those who look down upon them are products of the same. Notwithstanding, many people have stigmatized the women in this condition. This denied them of their respect and dignity. It made them withdrawn and disoriented with lack of belongingness thereby taking away their happiness. As such, the feeling can impact negatively on the maternal health which is very detrimental to her and the child. However, with the assent of the Equality Bill into an Act women can now claim their dignity and respect and are able to go about their business freely without the fear of being discriminated and looked down upon. Breastfeeding mothers were also looked down upon in many places whether at work or at home. The Act recognizes the rights of these mothers. As such, they are treated with the respect they require8. This makes them happy and healthy indeed. Pregnant women and breastfeeding mothers are not lesser beings, and this ought to be well understood. They equally have a lot to contribute to the society. Besides, pregnancy and breastfeeding are not permanent. A pregnant woman soon delivers, and a breastfeeding mother does not breastfeed for the rest of her life. Denying her the opportunity to contribute to the affairs of the society including declining to her request for a job is not only unfair but very malicious indeed. The Equality Act, however, has come up as a saviour against this unfairness and discrimination. They can now find jobs and contribute just like the male counterparts and fellow women who are not in similar conditions. Eliminated Racism Development does not thrive in a society where racism is the order of the day. Previously, there was a lot of racism. People could be denied opportunities based on the colour of their skin. The rights of the minority groups were not safeguarded. As a result, they were looked down upon, they were not respected and they lacked the sense of belonging. As a result, their happiness was compromised a great deal. However, with the Equality Bill in place, this discrimination is no longer seen. The rights of the minorities are today well protected due to the Act. They can now find jobs so long as they have the required qualifications just like those that belong to the majority. The colour of the skin no longer matters with regards to employment opportunities. What matters is what an individual is able to do. The minorities have got the opportunity to reclaim their respect and dignity and be seen to be equal to the others. Their sense of belonging and orientation has been restored by the Act. Racism has not been a recipe for development. It is a characteristic of backwardness, lack of respect and decorum for a particular group in a given society. Essentially every human being needs to feel a sense of belonging and respect. Every human being deserves to be happy. The Act has brought this happiness to the minds and hearts of the minorities ensuring that they are treated as equals of the others. Promoted Employment For all In the employment sector, the disabled for a long time were not lucky enough to be considered for employment in many organizations. The general feeling was that these people lacked what it took for an individual to discharge their duties appropriately. In other instances, they were just brushed aside, treated negatively and not given any opportunity to work like the others. Time has proved such assertions not only wrong but out rightly misplaced. There are so many jobs that do not require the physical input but intellectual contribution. Moreover, the physically disabled have proved that they can do this. They have contributed very superior ideas that have seen many organizations moving forward. This has only been possible through the recognition of the rights of these people. Without the Act, the rights of the disabled may probably have never been given priority and perhaps they would still have been discriminated. As such, it would not have been possible to provide them with such opportunities that have proved that indeed they can do what others do. Provision of employment opportunities for everybody makes everyone move forward and develop together while at the same time developing their societies. Consequently, giving the disabled the opportunity to work just like the others bestows upon them the opportunity to ensure their individual, as well as societal development. With this positive contribution in mind, it is, therefore, in order to state that assenting to the bill that gave rise to this act was a welcome, move that has seen everybody respected regardless of his physical and even social status. Equality in employment is very important in the individual economic and societal development. It is the only way to ensure that the resources of a country are shared among people equally regardless of where they come from, their status, their gender and any other physical deformities that they may have. Uplifted the socio-economic Status of the Disabled The Equality Act has uplifted the socio-economic status of the disabled members of the society. For a long time, these people were associated with begging. It was not surprising to find them in the streets begging for food and money. This was because they did not have equal opportunity to work and fend for themselves just like the so called able members of the society. Their social and economic status in the society was considered very low. However, the Equality Act has changed things. Today, the disabled have equal rights to employment opportunities just like others. They have used this opportunity to raise their economic status. They have also proved that they are able to work just like the other people. Indeed they have demystified the perception by others that disabled people are unable to perform tasks. They can today fend for themselves and their families. This was not possible before. In fact in some places it was unheard-of. The social status of the disabled people has also improved a great deal. Because they have proved their worth in the society, people have come to accept and live with them making them happy and raising their social status a great deal. They can now have the basic thing in the society: love from the members of a family and acceptance by the society9. The disabled have now gotten the opportunity to take care of their families and are not the traditional beggars that they used to be. Deepen the Public’s Understanding of their duties with Regards to Disability The Act has played a very fundamental role in deepening the public understanding of their duty to respect and take care of the disabled. Today more than ever before, members of the society know that they have a duty to eliminate unlawful discrimination, harassment and victimization. This was not the case before. Discrimination against the disabled was the order of the day. They were constantly harassed and victimized without second thoughts. There was nothing to protect them from this discrimination and were harassed at will. The act has demystified many theories surrounding the disabled thereby restoring their public reputation. The public has also realized that they have a duty to advance equality of opportunity between different groups. This understanding is very important as it is it that fosters respect for the disabled just as much as the other members of the society. The act has given the members of society the members to understand, comprehend and appreciate the value of equality and, therefore, move forward to ensure that the said equality is administered among everybody regardless of the social status or disability of any nature. The understanding of the public on the importance of equality has had so many benefits. Some of these benefits include the elimination of the traditional perceptions that gave rise to the vices like nepotism, racism, and gender discrimination, discrimination of HIV/AIDS and survivors of other diseases among many others10. Today, equal treatment of everybody is emphasized in the society. Discrimination of the disabled has been rendered a thing of the past. Moreover, the public has come to learn and appreciate their obligation to foster fine relations between distinct groups regardless of their physical state, gender, age or any other condition that could render those disabled. Good relations and social harmony are very important requirements for a successful society. The Act has made it possible for the general public to understand and appreciate this thereby fostering unity and peaceful coexistence among people. Conclusion The Equality Act 2010 has been very crucial in eliminating disability discrimination. The act has restored hope, respect and dignity among the disabled while at the same time eliminating the notions that led to them being discriminated against. Disability is indeed not inability, and this has been adequately proved by the disabled after getting the platform from this Act to prove to the world that they have a lot to contribute to the development of the society. Nobody wishes to be born disabled, nobody determines how he is born or the situations that he goes through in life which may make him disabled. In recognizing this, the Act gives the disabled the opportunity to be treated like the other members of the society. Now, more than ever, the rights of the disabled are recognized and protected. The disabled have equal rights to go to school, access education and are subjected to equal employment opportunities just like others. Racism has been rendered a thing of the past. Discrimination on individuals on the basis of gender is unheard-of. Breastfeeding and pregnant women today have equal rights like any other individuals and unjustified discrimination against them is unlawful. More importantly, the members of the public are well aware that discriminating against the disabled is unlawful, and they have a duty to ensure that these people are treated like the other members of the society. Therefore, this Act has recognized the value of humanity and equality of each human regardless of sex, race, physical condition or social status. A society that does not discriminate against her people is a society that values equality among humanity, and that is the society that this Act breeds. 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Wadham, J., Ruebain, D., Robinson, A., & Uppal, S., 2012. Blackstone's Guide to the Equality Act 2010. Oxford: Oxford University Press. Read More