The definition of disability under the Equality Act 2010 says:
"A person has a disability if they have a physical or mental impairment (including sensory impairments) which has both a substantial and long-term adverse effect* on their ability to carry out normal day-to-day activities."
A substantial adverse effect is something which is more than minor or trivial. It is a limitation which goes beyond the normal differences in ability which might exist among people.
*A long-term adverse effect is an impairment...
- which has lasted at least 12 months, or
- where the total period for which it lasts is likely to be at least 12 months, or
- which is likely to last for the rest of the life of the person affected
Progressive and recurring conditions will amount to disabilities in certain circumstances. Cancer, HIV infection and multiple sclerosis are deemed disabilities under the Equality Act from the moment of diagnosis.
One billion people, or 15% of the world’s population, experience some form of disability.
It is important to note, not every disability is visible and easy to notice. Invisible or hidden disabilities can be physical, mental or neurological conditions that limit a person’s movement and senses. The very fact that these symptoms are invisible can lead to misunderstandings, false perceptions, and judgments. Bury Council have started some work on the Sunflower Hidden Disability Scheme, which provides a discreet way for people to show that they may need extra support, help or a little more time.
Examples of hidden disabilities are depression, post-traumatic stress disorder, diabetes, HIV and epilepsy.
A lot of language used to describe disabled people can define people by their disability, suggest that disability is abnormal, or perpetuate stereotypes of weakness. Common phrases such as ‘suffers from’ or ‘victim of’ suggest hopelessness and passivity and they diminish the person’s life and abilities and so should be avoided.
Bury Council endorses the Social Model of Disability.
The Social Model says that people are disabled by barriers in society, not by their impairment or difference. For example, not having a screen reader prevents a blind person from using technology such as computers, so in this example the lack of a screen reader is the barrier causing the disability. The Social Model also states that society is responsible for removing the barriers disabled people face, in order to enable disabled people to be an equal, included and valued part of society.
Language is an important part of the Social Model of Disability because language reflects the cultural assumptions and thinking of the society around us. Under the Social Model, impairment and disability are not the same:
- Impairment is when part of a person’s body, mind and/or emotions works differently (or is perceived to be different) from what is considered ‘normal’ by society.
- Disability refers to the barriers, discrimination and prejudice disabled people face. It is not our bodies or minds which ‘disable’ us, it is society.
Quick Guide
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Thanks to the Inclusion Working Group at Bury Council for the article.
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