American Disability Movement - Research Paper Example

American Disability Movement The history of the American Disability Movement s back to the 1960’s, where the civil rights movement mothered this movement (Johnson, 1983). Though the civil Rights act of 1964 prohibited the discrimination of people based on their religion, Nationality or race, it did not specifically handle the rights of the disabled. Discrimination against people with disabilities was addressed through the enactment of section 504 of Rehabilitation act of 1973, and later, the American Disability Act was established in 1990 (Shapiro, 1993). This section prohibits the discrimination of people with disability, based on their disability, if they otherwise professionally qualify for any position or service. However, this act left many gaps that were not filled in, regarding the prohibition of discrimination of the people with disability by employers, by accommodation in the private sector among others (Bagenstos, 2009). This became the basis of the establishment of the American Disability Movement to fill in the gaps that were left by the enactment. The enactment was later extended to give rise to other laws such as the Individuals with Disabilities Education Act (IDEA), which requires that all children with disabilities should receive an appropriate public education, in an environment that is specifically conducive for them (Stroman, 2003). Therefore, public schools are under duty to ensure that children with disabilities are provided with the best environment that favors their learning. Therefore, under the laws of the US, people with disabilities deserve equal treatment with others when it comes to any opportunity. However, in the provision of education and other basic services, they deserve specialized treatment. The movement has a membership of over 50 million people currently, who leads their lives in a normal way, despite their disabilities (Bagenstos, 2009). Throughout the centuries, people with disabilities have been fighting for recognition and equal treatment with others, while trying to overcome the discrimination mooted against them. The disabled people in the USA have been marginalized both socially and economically for centuries, serving to make them more stigmatized and traumatized. This continued until 1990, when their movement was established. People with disabilities were segregated and forced to join institutions that hid them from the mainstream society throughout the period before the establishment of their movement (Colker, 2005). The journey towards the recognition of the disabled people as equals started early during the World War I, where the veterans with disability required the government to provide them rehabilitation, so that they could render the government their services (Stroman, 2003). Technology advancements and some government assistance saw the people with disability start becoming independent, in the 1930s (Shapiro, 1993). The rise of President Franklin Roosevelt into the presidency of the country highly boosted the status of the disabled people in the American society, although it did not change much of their treatment and discrimination. The occurrence of World War II saw the disabled veterans agitate for more recognition, rehabilitation and provision with vocational training. Notwithstanding all these efforts made to change the status of the disabled in the society, they did not have an access to basic public facilities and services such as transport, bathrooms and telephones. This lasted up until later in 1973, when the enactment was made recognizing their rights to access similar services and facilities as those accessed by the other people (Colker, 2005). There are many disability activists who are credited with establishing the American Disability Movement. Paul Miller was such one activist, who was a lawyer and a leader of the movement. He perceived the judicial interpretation of the Americans with Disability Act as restrictive, owing to a lack of a mass social movement. Consequently, he strongly advocated for the necessity of the disability movement in fighting for the rights of the disabled. Such other activists include Edward Roberts, who with other disabled people who were using wheel chairs established the Independent Living movement in California, in the early 1960s (Shapiro, 1993). According to this movement, people with disabilities were better placed to understand their needs and thus ought to take initiative for devising ways and programs, which would cater for their needs effectively. Frank Bowe is another disability activist who led other disabled people to demonstrate against the signing of the regulations pursuant to section 504. These demonstrations lasted for 28 hours before the office of the secretary in the Health, Education and Welfare building, who had delayed the signing of the section 504 of the rehabilitation act. Judith Heumann is such other activist who advocated for the rights of the people with disability. She led a 25-day sit-in in the HEW building where the secretary who had delayed to sing the regulation had his offices. Over 120 people with disability demonstrated in the building for 25 days until the secretary agreed to sign the regulations on 28 April 1977 (Johnson, 1983). These are examples of the leaders of the movement who advocated for the rights of the disabled. The disability activists include people from all walks of life. The gender composition for the activist is both male and female, although male appears in large numbers compared to the female activists. The age group of the activists and the disability movement leaders initially comprised of people of prime ages of 40 years and above. However, this has eventually changed with time to include youths and the generation with the age bracket of 20s. There were many challenges faced by the activists and the leaders of the disability movement. Lack of support from the relevant authority, making the establishment and enactment of requisite legislations to support the movement a big challenge. Discrimination is yet another challenge that faced the activists, in that they were seen as irrelevant in the society and thus the avenues through which their rights were to be agitated were blocked. The activists did not have an access to requisite basic facilities such as telephone and transport (Bagenstos, 2009). Consequently, the channels through which they could advance their activism and advocacy activities were hindered. Since communication is the basis for any advocacy, a lack of communication channels served to weaken the prospects of the activists, since mobilizing people with disabilities to support their course was a great problem. However, the resilience borne by these activists and the optimism they had served as a strength that made them keep advocating for their rights. A great deal of support that was offered by the other disabled people acted as a source of strength and inspiration for the activists. The ideology of the activists was based on the belief that all people are equal. Thus, they considered the need to be treated and afforded equal opportunities with the other people as a basic right held by them (Colker, 2005). The discrimination and denial of access to services and facilities that other people had a right to served to make the disabled feel unwanted in the society. Therefore, accessibility and safety are the perceived major goals of the movement, working towards ensuring that the disabled people have an access to basic services and facilities such as communication and transport. Other basic need s such as education are perceived by the movement as essential for the wellbeing of the disabled people, since it gives them the insight and platform through which they advocate for their rights. The ideology of the movement and the disability activist is that all people have a right to equal opportunity, either employment, housing, health services rights among others. The activists held the belief that the disabled people are the ones better placed to understand their plight, need s and challenges, and therefore they are better placed to take initiative and establish a platform through which such challenges can be overcome (Shapiro, 1993). Most fundamental of their ideology is the freedom from abuse, neglect and violations of patient rights (Johnson, 1983). This is informed by the fact that disabled people are always perceived as ill and sick, thus making their medical attention not a priority. Framing of the key issue addressed by the movement has been through legal legislations and regulations. This avenue has been opted for because entrenching such backing of their requirements in law serves to ensure that authority to execute them is given. All the advocated issues such as education rights, freedom for equal opportunities and freedom from discrimination has been framed in the form of legal enactments as acts of the constitution. Rehabilitation act of 1973, with its section 504 prohibits discrimination of the people in provision of services and access to facilities. It also provides for equal employment opportunities of the disabled people in the federal government and other federal funded programs (Colker, 2005). The right to education is provided for in the Individuals with Disabilities Act of 1990, which requires that public schools provide an enabling environment for children with disabilities to access education. The act also requires that the parents of the disabled people be involved in decision making on educational issues pertaining to their children (Bagenstos, 2009). The American with disabilities Act of 1990 serves to guarantee the people with disability of more rights. The act specifically tackles discrimination, where it prohibits the discrimination of disabled people on the basis of their disability. The act requires that the disabled people accesses equal services as the other people, including public accommodation, transportation and telecommunication services (Johnson, 1983). As such, business are supposed to provide accommodation to people with disabilities, equally as they do to the other people. Such legislation ensures the integration of people with disability in all levels and affairs of the society (Shapiro, 1993). The organizational structure of the movement is non-bureaucratic, making all the procedures to be observed by the disabled people before they get services they require very simple and few (Bagenstos, 2009). Decision-making is based on the equality of all members, where the 50 million plus members of the movement are guaranteed equal rights and opportunities to be served by their organization (Stroman, 2003). The movement operates on ensuring equality of all disabled people, fighting for their rights to be equal with the other people. Since the people with disability are more prone to violence, the movement has opted for non-violent means of agitating for their rights. Such tactics include demonstrations and sit-ins in the buildings where they feel their complains are more open to be observed. The movement mobilizes people who gather in the area designated for protest, where they sit in for as long as they feel necessary to have their grievances addressed. This tactic is most appropriate owing to the fact that people with disability cannot manage to stage protests and walks due to their disabilities (Shapiro, 1993). An example of such demonstrations and sit-ins were held in 1977, where the disabled people demonstrated in front of the HEW house, where the secretary responsible for signing the regulations necessary for the enactment of section 504 of the Rehabilitation act had his office. Consequently, the regulations were signed and the enactment established. Therefore, the tactics adopted by the movement are successful to see their grievances resolved. Identity is the core of the movement, where the disabled people have to identify with each other. The movement holds that individuals with disability are people with inalienable rights, which should not be hindered from any individual based on their disability (Johnson, 1983). Since all the disabled people have almost similar needs, it follows that indentifying with each other is the basis of their success in petition for the recognition and provision of their rights. However, considered the most important for any disabled individual is the knowledge that they are not alone (Colker, 2005). The understanding created by identity is that there are many other people facing similar challenges, undergoing similar experiences and with similar needs. This aspect goes a long way in making the disabled people accept their conditions and learn to live with them. This identity allows the individuals to share their experiences on disability regarding their present and the past. However, there are challenges posed by this identity. It makes the disabled people much engrossed with their plight, always reminding them that they are different from the rest of the members of the society. This constant reminder makes them feel the desire to be like the rest of the people, an aspect that creates discontent in them, because of their conditions (Colker, 2005). The repercussion of this is making the disabled people feel underprivileged and a needy part of the society. Therefore, much as identity is beneficial to create a bonding of the people with disability, it serves to make them feel different from the rest of the society. Political opportunities for the movement have not been very conducive. Some government institutions were reluctant to enact legislations in the favor of the disability movement. This forced the disabled people to stage protests and demonstrations to make the relevant authorities sign the requisite regulations. The church is another source where political opposition for the interest of the disabled people was experienced. For example, the debate on the American Disability Act caused some religious groups to take sides, with some opposing the act while others supported it (Bagenstos, 2009). Media presentation of the disabled served to increase their discrimination. It portrayed the disabled in a negative perspective, making the wider society believe that the disabled were selfishly pursuing their interests by affecting the lives of the others. This was so, mostly because the politicians and the businesspersons who were opposed to the plight of the disabled used the media as a channel to create a negative publicity for the disability enactments and movement (Johnson, 1983). The government and the church aside, businesses also opposed the enactments in favor of the movement on grounds that establishment of facilities and services to suit the need of the disabled, such as transport means will cost business a great deal of their revenues. There are many challenges that the movement face and have faced over time. The challenges include Political opposition, lack of goodwill from the wider community to support the movement and insufficient facilities and services that its members need for their wellbeing. Discrimination and denial of opportunities are yet other challenges that have been faced by the movement. There are notable successes that the movement has achieved. The movement has afforded to enhance the learning conditions of the disabled children, by having schools establish facilities that are requisite for disabled students to comfortably learn (Shapiro, 1993). Another achievement that the movement has obtained is the petition for provision of the disabled people with equal opportunities. The disabled people can now access any employment opportunities, as does any other person, so long as they have the requisite qualifications for the positions available. Infrastructural and structural changes to suit the needs of the disabled is yet another of the movement’s success. The construction of buildings and other facilities are done in a way that they can allow easy accessibility to them by the disabled. Fight against discrimination of the disabled and the successful provision of equal health services with the others is also countable as a success of the movement (Colker, 2005). The movement has been successful in securing telecommunication means for the disabled people, where the telecommunication service providers are required to put the interests of the disabled, mostly the deaf and those with hearing impairment, have to be considered when the providers are developing communication devices and gadgets. The status of the movement is proactive, applying a collective political action to fight for the rights of the disabled people (Bagenstos, 2009). The movement is constantly engaging in legal battles to ensure that the interests of the disabled are give the attention they deserve, thus making their life a practical normal lifestyle. Thus, the American Disability Movement has experienced many challenges. However, it has successfully managed to fight for the rights of the disabled, making their life more comfortable and creating a sense of equality for the disabled and the others in the society. Works Cited Bagenstos, S. (2009). Law and the Contradictions of the Disability Rights Movement .Yale University Press. Colker, R. (20005). Everyday Law for Individuals with Disabilities. Paradigm Publishers. Johnson, R (1983). Mobilizing the Disabled in Social Movements of the Sixties and Seventies. Longman Publishers. Shapiro, P (1993). No Pity: People with Disabilities Forging a New Civil Rights Movement. Times Books. Stroman, D. (2003). The Disability Rights Movement: From Deinstitutionalization to Self-Determination. University Press of America. Read More