Disability: Policies and Current Legislation - Essay Example

 Disability: Policies and Current Legislation Disability refers to any negative aspect pertaining to one’s livelihood; this being either physical/ and or mental/psychological. It is a common characteristic of the contemporary society. Disability, being physical, mental, sensory, cognitive, emotional and/ or developmental, refers to impairment, participatory restrictions or limitations in activity. These restrictions or limitations affect different people, cutting across all cultural, religious or socio-political barriers. In the United Kingdom, current policies and legislation are supportive of the social model (of disability) with some limitations existing. The disability movement continues in its utility of the social model as its preferred political platform, with the protection and enhancement of the ‘rights’ of those with disabilities being its primary objective. This is aimed at ensuring that those with disabilities enjoy their full citizenship and its resultant status in contemporary society (Barnes, 2002, p 35). The Social Model, with its different variants, is of the opinion that disability or the notion of disablement, is but a socio-political construction, which results in the discrimination and/ or oppression that people with disabilities encounter. The above oppression, systematic at times, coupled with both discrimination and exclusion is because of the existence of an inhospitable physical environment that is only worsened by the prevailing social behaviors and attitudes that are negative. Disabilities impair people from doing certain things especially with regard to physical roles. People with disabilities require a lot of courage and support in order to function in a world that is challenging to them because of their disabling conditions. It is important to note that despite having disabilities, those affected can learn to do basic skills on their own, and avoid overdependence on other people. This is possible because of constant practice and the availability of aided devices that assist them perform certain functions easily. The social model, arising out of the critical analysis of the medical model (of disability), is based on the premise that it is not the different deficits – be they physiological, functional and/ or cognitive that are primarily the reasons of discrimination, rather that it is contemporary society’s ability to carry out the above discrimination and oppression. This is further worsened by the negativity that is portrayed by society; this in the form of bad social behaviors and attitudes towards those with disabilities (Shakespeare, 2006, p 65). From the above, it is thus clear to perceive that disability, or the notion of disablement, as rooted in the external environment, and not explicitly based on a person’s cognitive and/ or physical deficiencies. The Social model, therefore, focuses on the manner in which disability is as a result of the social system with the notions of politics, choice, empowerment and citizenship having greater roles in the representation of people with disabilities. Society’s failure, in the provision of appropriate and adequate services, is blamable for the resultant disability. The needs of those with disabilities are thus not adequately taken care of within the contemporary social context. The model is based on the premise that the discrimination and oppression, experienced by people with disabilities, is a resultant effect of the prevailing competition between two groups in society; the dominant (strong) and the (weak) subordinate. The society has a major role to paly in helping people with disabilities cope up with life. Outherwise, it would be hard for those affected with diabilities, moreso when they feeling neglected and discriminated upon by ‘normal’ people (Barnes, 2004, p 60). Continuous oppression has been so prevalent that it has become internalized; this bringing about ideal that those with disabilities are less capable of performing daily tasks than their normal counterparts. This awareness process is informed by the presence of both chance and innate cognition, which is further fuelled by the prevailing negative conditions in society. It is this socially-rooted oppression that gives rise to the prevalence of institutionalized discrimination, comparable to what is experienced when racial or sexual discrimination is displayed. Sometimes, people with disabilities are oppressed and discriminated by the close members of their families A variant of the Social model, the Historical Materialist Variant, is of the opinion that discrimination is rooted in the socio-political arena and the different outcomes that prevail. It distinguishes between the following two terms; impairment and disability; these according the Union of the Physically Impaired against Segregation. Impairment is described as the lack of a part or whole of a limb, or in having a defectiveness of mechanism, limb or organ (Norwich, 2008, p 12). Disability, on the other hand, is described as the restriction or disadvantage (of an activity) encountered due to the presence of current organization that takes little or no account of disabled people, in the process excluding them from conventional social activities. The above variant is also of the view that discrimination, defined in different ways; this throughout history, should also be analyzed through a historical perspective. This historical perspective analysis traces the notion of disablement from the era of agrarian feudalism coupled with a few cottage industries, where disabled people were active in different activities due to the little social mobility that was required. As the European Industrial Revolution progressed; with its different resultant effects occurring, people with different disabilities faced more social exclusion from both mainstream economic and social activities. It is this historically entrenched exclusion, coupled with the myriad of negative social behaviors and attitudes that the disability movement seeks to correct through the utility of social model; this so as to alleviate the rights and wellbeing of people with disabilities. The Social Model (British), engaging in the promotion of rights of people with disabilities, is able to distinguish between policies, ideas, organizations and laws that are progressive, from those that prove inadequate (Shakespeare, 1998, p 20). Viewing disabled people as composing an oppressed entity, it aims at distinguishing between the oppression experienced, from the presence of impairments in people; this from its opinion that disability is a social construct. This is contrary to the American notion that opinionates disabled people as composing a minority entity. To the British disability movement, the social model is vitally important; this embedded in its recognition of barrier removal as a political strategy. It is important to understand the concept of disability in order to deal with it effectively. Removal of these socially constructed barriers is fundamental to the promotion of the inclusivity of those with disabilities in present day socio-economic and political activities. It aimed at enhancing social change if not a complete transformation of society on the treatment of those with disabilities. Civil rights, based on the Americans with Disabilities Act or its British counterpart, the British equal opportunities and race relations laws provide the lasting solution to the myriad of discrimination and exclusion behaviors and activities (Shakespeare, 2006, p 28). Also, the social model, aims through its replacement of the Medical model of disability, to expound on the fact that problems facing those with disabilities do not stem from the physical and/ or cognitive deficiencies of a people but from the society at large. This view was and still remains extremely liberating to disabled people who are thus able to recognize that it is not their fault but society’s at large. It is the model’s simplicity that also provides some of its limitations i.e. prevailing policies, legislations and organizations are easily categorized as either using the model through the use of the term disabled people or being people with disabilities (Medical model). Within the United Kingdom, policy development towards the inclusion of those with disabilities is highly developed, but it is still not all-encompassing. The Wood Committee (1928), placing emphasis on the unity of both ordinary and special education; this coupled with the Education Act of 1944, aimed at unifying the above education systems (Terzi, 2010, p 23). It is the Warnock Report (1978), however, which fundamentally shaped the resultant education provisions for children with special needs and/ or disabilities. It significantly pointed to the fact that all children, irrespective of their physical and/ or cognitive impairments, are eligible for a fair and decent education. The report was of the opinion that all educational aims of children are equal, and thus the rights of those with special needs should be respected. It aimed at meeting children’s (disabled) needs through the utility of specialist services and additional resources. The 1981 Education Act, set about in the implementation of the above report; this through the setup of frameworks necessitating the education of all children through mainstream settings, while simultaneously formalizing legally, the notion of special education needs. It is credited with the introduction of legal multi-disciplinary evaluation; this by the Local Authority, with emphasis placed on both schools and the Local Authorities to provide necessary and appropriate support that is essential in understanding and fulfilling the needs of all children. It also provided for the increase in expenditure on special education while also encouraging school-based initiatives aimed at developing necessary policies towards meeting the various goals of special education. Subsequent legislations, such as (the Green Paper of 1997) Excellence for all children: Meeting Special Educational Needs; and the Special Education Needs Code of Practice (2001) endorse and affirm the government’s support in providing for an inclusive environment for pupils with special needs in both conventional primary and secondary schools (Terzi, 2010, p 40). In the debate about special education (for the needy students), Michael (2010) is of the view that the current special education present; being mainly rooted in the Social Model, faces a number of challenges such as the presence of intelligence testing that is aimed at labeling and classifying pupils/students, their needs notwithstanding. The special nature of students with disabilities entails the need for special attention to a majority that is not possibly attainable in a normal schooling environment. The above mainstreaming of all educational aspects is thus according to him flawed, since there are many challenges that needy students face. He, Michael, is of the opinion that special education has and continues to demonstrate its enduring strengths and relevance in contemporary society; this through the presentation of a wide-range of debates and perspectives that are both cross-disciplinary and international in nature (Farrell, 2010, p 45). The Social Model (of disability) is inclusive of a number of limitations/ criticism including the subject of identity; the matter of impairment, and the resultant disability/impairment dualism all of which pertain to the lack of normalcy of people with disabilities. On the subject of identity, the model envisages the disabled/ those with needs as not being a minority group but rather as a socially-constructed oppressed category of people. On the matter of impairment, it is of the view that it is society’s resultant actions that enhance the impairment of needy individuals and thus their physical limitations are non-causal factors in their discrimination. The third limitation; the resultant disability/impairment dualism is entrenched in the notion that medical/ genetic deficiencies and or defects notwithstanding, it is mainly the society’s doing that has led to the presence of discrimination and oppression of those with disabilities (Albrecht, 1981, p 45). The above limitations tend to sharply distinguish between impairment and disability; the former blamed on the social construct (politics) while the latter is traceable to the compartmentalization of bodily experiences affecting the disabled. The model continues to imply that emotional and physical suffering and pain; this due to the presence of impairments has no impact on those with disabilities, since the pain and suffering are not social constructs. Disabilities and their resultant effects, on those with these disabilities, are mediated through the use of therapy and medication, aspects that are devoid of both political and policy analysis; another limitation to the Social Model that is rooted in the latter. The lack of inclusion of the Medical model in dealing with issues of disability; this especially pertaining to needy students with disabilities is a limitation that needs urgent attention from policy makers and legislators. This is achievable through the setup of special education systems that are specific to the different limitations from which students with disabilities suffer from. There is need for both teachers and students (with disabilities) to have regular contact; in inclusive settings with the students’ families and the society at large providing support through different measures. This contact eradicates the presence of exclusion that is responsible (partly) for the discrimination and oppression of those with disabilities. Another beneficial approach is the utility of professionally enhanced learning and teaching support systems in the classroom; this so as to aid in the better development and advancement of students with disabilities (Rose, 2010, p 85). The introduction of legislation and accompanying policies that aim at accepting and providing for special needs students in school is crucial for the overall well-being and functionality of society. Though representative of diverse and often conflictual standards, special education aims at dealing with the negative risks or implementations that are related to the presence of stigma, rejection, denial and/ or devaluation of pertinent opportunities to those with special needs/ disabilities. There is need for policies and legislation that support the provision of both special and inclusive education to those in need; their limitations factored in (Norwich, 2008, p 40). In conclusion, the origins and consequent developments of the disability movement; these underpinned by the theoretical establishment of the Social Model, have created a major shift in the perception of disability. It is considered to be the choice method from which policies and legislation on disability are developed and consequently executed; thus it has attained a central hegemony from which both policy creation and service provision are derived from; in respect to the presence of those with different disabilities. References Albrecht, G. a. L. J., 1981. Constructing Disabilities as Social Problems. In: 2nd, ed. CrossNational Rehabilitation Polices:ASociological Perspective. London: Sage Publishers. Barnes, C. &. M. G., 2002. Disability: Key Concepts. Cambridge: Polity Press. Barnes, C. &. T. C., 2004. Disabling Barriers, Enabling Environments. 2 ed. London: Sage. Farrell, M., 2010. Debating Special Education. London: Taylor & Francis. Lang, D. R., 2001. The Development and Critique of the Social Model of Disability, London: University of East Anglia. Norwich, B., 2008. Dilemmas of Difference, Inclusion and Disability: International Perspectives and Future Directions. London: Routledge. Rose, R., 2010. Confronting Obstacles to Inclusion:International Responses to Developing Inclusive Education. London: Taylor & Francis. Shakespeare, T., 1998. The Disability Reader: Social Science Perspectives. London: Continuum International Publishing Group. Shakespeare, T., 2006. Disability Rights And Wrongs. Oxon: Routledge. Shakespeare, T. N. W., 2006. The social model of disability: an outdated ideology?. Research in Social Science and Disability, Volume 2, pp. 9-28. Terzi, L., 2010. Justice and equality in education: a capability perspective on disability and special educational needs. Michigan: Continuum International Publishing Group. Read More