Disability discrimination
BMJ 2001; 323 doi: https://doi.org/10.1136/bmj.323.7306.178 (Published 28 July 2001) Cite this as: BMJ 2001;323:178
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I am writing in response to the article entitled ‘Disability
Discrimination’ in the BMJ, Volume 3, 28 July 2001 which referred to the
exemption of education from the Disability Discrimination Act 1995. This
exemption has actually now been overturned by the Special Educational
Needs and Disability Act 2001, which gives disabled students the legal
right not to be discriminated against in education.
The article also refers to a case where a prospective medical student
required modifications to their course due to their disability, but which
the GMC did not agree to. However, in future, if a disabled person is at a
‘substantial disadvantage’, educational institutions will be required by
law to take reasonable steps to prevent that disadvantage. The Government
has also promised future legislation which will require bodies like the
GMC, too, to ensure that their policies and practices are not needlessly
discriminatory.
Reasonable steps might include:
- changes to policies and practices
- changes to course requirements or work placements
- changes to the physical features of a building
- the provision of interpreters or other support workers
- the delivery of courses in alternative ways
- the provision of material in other formats.
There will still be certain justifications, for example, the
maintenance of academic standards, that educational providers can use to
defend a decision to treat a disabled person less favourably. However
these justifications must be relevant to the abilities of the individual
person and every other possible option should have been considered.
The exact boundaries of what constitutes a reasonable adjustment will be
decided by the courts, but the Act does require educational providers to
anticipate reasonable adjustments in a proactive way.
Competing interests: No competing interests
IT is refreshing to read of events in Liverpool and the emerging commitment within medicine to disability as an equality issue. Interesting to see that this article was not linked to related articles which suggests little is written on this important issue.
We do need to follow the Disability Rights Commission which, having found its feet, is beginning to support cases in law and at industrial tribunals. Their campaigning video TALK, free for the asking is a very short introduction to the social model and, using it in my work, I have found it has quite an impact on health professionals. The Royal College of Nursing is committed to de-medicalising disability, which in no way undermines the importance of medical and nursing practice, where appropriate. But it is highlighting discrimination and good practice in response to he Disability Discrimination Act that impinges on both our services and employment practice within health care. I am involved in regional Disability Awareness workshops and conferences. Interested health professionals will find much of interest and many challenges at the forthcoming conference 'Disabling Practice?' to be hosted at the Post-graduate Medical centre, Staffordshire general Hospital (24th September 2001)
Competing interests: No competing interests
Ministry of Social Development and Family Services
In Trinidad and Tobago the Ministry of Social Development and Family Services is the social services department that serves disabled people. Unlike the UK there is no legislation pertaining to community care or safeguarding. Disabled people are reliant solely on family members to help with living. They are dependent on the charity of others with no services being provided by the government due to the absence of legislation. The only legislation pertaining to disability is the Equal Opportunity Act addressing discrimination and the Domestic Violence Act addressing abuse.There is no legislation to provide services such as residential accommodation, practical help in the home; providing meals, access to recreational facilities outside the home, help to take advantage of educational
facilities, and help with work for adaptations to the home nor is there legislation giving a duty to assess disabled people needs.
Competing interests: No competing interests