In the UK, disability refers to a physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. The Equality Act 2010 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. This includes conditions such as blindness, deafness, mobility impairments, learning disabilities, and mental health conditions.
Who is disabled?
Disability is defined in different ways depending on the context. Additionally, many people may not define themselves as disabled but do have conditions which impact on their lives. A more diverse and inclusive legal profession is beneficial to all. The resources and information we share are for all. Whether or not you consider yourself disabled and regardless of whether you disclose your disability to others.
Disabled People include people with: physical impairments; sensory impairments deaf people, blind people); chronic illness or health issues including HIV and AIDS; all degrees of learning difficulties and emotional and behavioural problems. It also includes people with hidden impairments such as epilepsy, diabetes, sickle cell anaemia; specific learning difficulties such as dyslexia, speech and language impairments; people who identify as ‘disfigured’; people of diminutive stature and people with mental distress.
All are excluded by barriers, though not all have impairments.
There are two “models” of disability the Social Model of Disability and the Medical Model of Disability.
The Social Model of Disability
The disability movement uses the Social Model, which states that a person with an impairment or health condition is disabled by barriers in wider society and the workplace. Barriers may include negative attitudes, lack of physical access, poor understanding of the impact of health conditions and impairments and a lack of reasonable adjustments to support people to do their work. In order to address disability, society must change to become more accessible and inclusive.
The Medical Model of Disability
The definition outlined in the Equality Act 2010 states that a person is disabled if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities.
This is related to the medical model of disability which identifies the individual’s impairment or health condition as the ‘problem’ that needs fixing and needs to “fit” the rest of society and the workplace. The ‘medical model’ can potentially create a cycle of dependency and exclusion.
The Equality Act 2010 includes:
- Sight and hearing impairments
- conditions where the effects vary over time or come in episodes such as osteoarthritis, rheumatoid arthritis, fibromyalgia and ME
- progressive conditions such as motor neurone disease, muscular dystrophy and forms of dementia
- conditions which affect certain organs such as heart disease, asthma, and strokes
- learning difficulties including those such as dyslexia and dyspraxia
- autistic spectrum disorders
- mental health conditions – for example, depression, schizophrenia, bipolar affective disorders, eating disorders, obsessive-compulsive disorder
- impairments due to injury to the body or brain
Automatically included under the Equality Act are:
- cancer
- HIV infection
- multiple sclerosis
- severe disfigurement
- if a consultant ophthalmologist certifies you blind, severely sight impaired, sight impaired or partially sighted.
In the UK, disabled people are protected by law from discrimination in the workplace and in other areas of life. The Equality Act 2010 prohibits discrimination on the grounds of disability in employment, education, and the provision of goods, facilities, and services. The Act also requires employers to make reasonable adjustments to accommodate the needs of employees with disabilities.
Despite these legal protections, people with disabilities in the UK still face significant barriers and challenges. For example, they may face discrimination and stigma in the workplace and in other areas of life, and may face challenges in accessing education, employment, and other opportunities.
It is important to recognize and address these challenges in order to create a more inclusive and equal society for people with disabilities in the UK. This includes promoting the rights and opportunities of people with disabilities, and ensuring that they have access to the support and resources they need to thrive.