Joint Committee on the Draft Disability Discrimination Bill Written Evidence


DDB 137 Trades Union Congress

Committee Office date: 02 April 2004
House of Lords contact: Peter Purton
Westminster direct line: 020 7467 1271
London SWiA OPW email: ppurton@tuc.org.uk


Dear Colleague,

Scrutiny Committee - draft Disability Discrimination bill

Following the presentation of our submission to the Scrutiny Committee on 23 March, I am writing to deliver the additional material promised at the hearing.

1. Definition of Social Model.

The TUC generally support the Social as opposed to the Medical model of disability. The intention is not to deny that individuals who have a physical or mental impairment may have different abilities to other people without those impairments. However, we believe that disability is brought about by the way in which external barriers prevent individuals with particular impairments from participating properly in society. The objective of law and practice, therefore, should be to seek to remove or modify these barriers to involvement or inclusion. The target for social action, in other words, should be the removal of the barriers, not changing the individual. The significance of the distinction lies as much in the underlying difference in approach that the definition implies, as it does in the practical consequences for any individual situation. The critical effect of the model is that the priority is shifted to focus on the removal of the barriers and obstacles.

2. Perception and Association.

There are numerous examples of individuals losing their jobs, or finding themselves unable to continue working as a result of employers' attitudes, as a result of their association with a disabled person, quite often as a result of their responsibilities as carer. The fact that European legislation refers to protection against discrimination "on grounds of..." would in fact cover this large group of people but is not reflected in the draft bill, hence our view that this change could readily be incorporated, with significant consequences. Detailed evidence has been produced by Carers UK and the case has also been strongly made by the Disability Rights Commission, and the TUC is happy to associate itself with these voices, and some of this detail has been submitted to the Committee in their written evidence.

W:\Erd\PP\DISAB\DDB cttee additional - 4-04 draft.doc




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Assistant General Secretary: Kay Garberry INVESTOR IN PEOPLE

TUC

Yours sincerely

Peter Purton,

Policy Officer

EERD




 
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