The Disabled and Society - Essay Example

 Introduction The British law defines disability of a person refers to the state in which a person cannot get access to fundamental things in life as a result of the health condition of or physical impairment of that person. It continues to add that disability can be long term, physical impairment or short term, due to diseases and infections. People who have disabilities find it hard to leave with other people. This can be brought about by some factors like availability of cars with designs that cannot allow them use these cars. Presence of government policies that bar people with disabilities in some way. Furthermore, people with disabilities are sometimes neglected by family members and friends and finally in instances where these people seek power, they are not given and ear and this demoralizes them1. In order for someone to prove that they have adisability they must be in a position to prove that they have that impairment. Secondly, they must show how it hinders them in performing day-to-day activities. Finally the person must prove that this impairment brings lasting and lifelong effects on their capabilities to handle their daily routines2. It is defined, under the act, that a long-term impairment is one which has at least lasted for 12 months. Furthermore, in case one has a long-term ill health disability, like HIV, they are supposed to prove using medical evidences. Medical model The perspective of the medical mode towards the disables is that the hardship undergone by disabled people is inborn and they should struggle to ensure that they improve in order to live in harmony with other people3. The problem of this model is that it tends to see disabled people as liabilities to others and people who in one way or the other cannot do much without assistance. An obese person is a person who body has accumulated too much fats. Medically, a person with a more than 30 BMI is obese and in extreme cases a BMI of 40. According to court ruling, obesity is a disability to a certain degree4. It is important to understand that obesity is not a disability. This is because, some people, who are obese, are living a good life. They have been employed and are not undergoing any challenge as far as obesity is concerned. However, obesity becomes a disability when it has shortcomings that can hinder the person from doing certain things. Secondly, it becomes a disability when it facilitates the occurrence of other impairments like skeletal and respiratory issues. People suffering from obese related problems are considered to be disabled. The final ruling of the court is, for one to be total disabled due to obesity, the degree of its effect on one’s ability to perfume day-to-day routines should be considered. Depression does not lead to disability until it meets some criteria. This is a mental disorder that makes one become gloomy, lack interest in undertaking things and exhibits feelings of desperation. Depression only becomes a disability when it makes one fail to observe fundamental activities like socializing with others, continuous lack of focus5. In addition to that, it becomes a disability when the state of depression worsens in spite of medical attention. One of the conditions necessary for disability to occur is that one has a problem that lasts for more than 12 month. It is in this regard that depression becomes a disability that is if it has lasted for a period of not less than 2 years despite of medication. Some few examples of cases that apply medication model are as follows. A person who is on a wheel chair and want to climb staircase. According to medical model, this person will be unable to climb the staircase because he or she is disabled. The model will not see the staircase as the one that cannot allow the person to climb it. Another instance of medical model is a person who is mentally challenged but would like to live in his own apartment6. This person finds it difficult to pay for the rent owing to some complex banking procedures involved in modes of payment. Medical model will view this as a problem to the person and would recommend that person to live in a communal place rather than assisting that person pay through the procedures of paying rent. Social model This is a model that views disability of person in a different perspective. It asserts that disability of people is caused by the organization of society7. This model simply claims that the barriers that are put, social barriers, the attitude ‘normal’ people have towards the disabled, communication barriers among others, are the one that makes these people disabled. If such barriers are to be eliminated, these people will leave in a free environment and will be in a position to participate in many activities just like any other normal person. This model recognizes the existence of disabled people and tries to change society and make it accommodate the disable. In order for society to adopt this model, it will therefore change the perspective in which it sees people with disabilities. The model demands society to cease pitying disabled people while seeing them as people who need help and assistance but rather, see them as people who have rights. The model aims at empowering disabled people so that these people can be assets to society and not liabilities as it has always been. In addition to that, it also aims at providing forums and avenues where these people will have a right to voice their concerns. This will make such people feel accommodated in society and hence the gap between the ‘normal’ and the disabled will reduce. Paulley v First Group Plc In the case of Mr. Paulley and the FirstGroup. FirstGroup failed to make necessary adjustment to their policy that placed Mr. Paulley as a non-disabled passenger. This arose when the driver of the bus turned down Mr. Pulley’s request of sitting on a normal passenger’s seat since there was no room for his wheelchair8. Consequently, Paulley had to wait for an alternative bus which made him arrive late only to miss the train at Leeds. Though he finally arrived at his intended terminus, it was too late. He filed this case and was paid ₤5500 worth of damages. In UK, social model is only recognized by employers who have made necessary adjustment to their policy to accommodate people with disabilities. This has been made possible by the act that requires every employer to employ 3 disabled people out of every 20 employees who are not disabled. As much as this happens to empower disabled people, UK follows and adheres to the medical model which recognizes disabled people as people with physical and mental impairments. In order to illustrate adherence to medical model consider this case. Since 2010, there has been an enactment of law, Disability Discrimination Act, which protects employees from being discriminated by employers especially during job interviews9. This is to say that, potential candidates are not supposed to be asked questions pertaining to their disability during interviews and therefore, provision of job vacancies should also not be based on the same. However, after one gets a job and is employed, the employee has the right to ask the employee questions pertaining to their health; the Act does not defend against this. This clearly shows that, even though there is enactment to protect the disabled by recognizing the social model, one has to act in accordance with medical model first. It is important to understand the British law follows the medical model10. If however the social model was to be implemented in the British law, then all disabled would be accommodated and none would feel disadvantaged owing to the physical conditions they are in. The UNCRPD It defines human disability as “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.11”This definition however is limited in scope of significance and does not explicitly describe disability. The main objective of UNCRPD is to create awareness of disabled people and request people to respect them while treating all people equally. Its convention “to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity12”, is also limited. This convention does not show reduction of discrimination of the same people by other, it simply advocates for respect and access to human rights. Conclusion Disabled people need to be taken care of and respected on society. Many conventions and rights have been established to support and protect the disabled. However, they do not get to enjoy these rights fully. This is because of the hardship they undergo so as to prove their disabilities. For instance one has to show that the condition that he or she is in is hindering them from undertaking their daily routines. In case of mental conditions like depression, medical evidence is required as a proof. It is clear that for disabled to get any assistance, one has to prove that they deserve it. Society views these people as liabilities to them and secludes them. It does not see the positive side of them and how they can contribute to development this makes this people feel more disabled than they are. It is therefore important to view disability as social problem and not an individual inborn problem. In this way, it will be the responsibility of society to offer helping hand to these people and the world will become a better place for everyone to live. Bibliography Connolly, M (2011) ‘Discrimination Law’ Sweet and Maxwell – focus on Ch13 and in particular pp388 – 405 Woodhams, C and Corby, S ‘Defining Disability in Theory and Practice: A Critique of the British Disability Discrimination Act 1995’ Journal of Social Policy Vol. 32 No. 2 pp159 – 178 Gooding, C (2000) ‘Disability Discrimination Act: from Statute to Practice’ Critical Social Policy Vol. 20 pp533 – 549 Hull, R (1998) ‘Defining Disability—A Philosophical Approach’ Res Publica Vol. 4 No. 2, pp199-210 http://link.springer.com/article/10.1007%2FBF02390098?LI=true# Oliver, M ‘Defining Impairment and Disability: Issues at Stake’ Chapter 3 in 'Exploring the Divide', edited by Colin Barnes and Geof Mercer, Leeds: The Disability Press, 1996, pp.29 -54. http://disability-studies.leeds.ac.uk/files/archiveuk/Oliver-ex-div-ch3.pdf Enabling Legislation or Dissembling Law? 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