disability equity 6

8/8/2019 Disability Equity 6

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Disability Equity Management

Introduction Session 6



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A Broader View



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In the South Af rican context who

are



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P eople who can claim rights

under the de f inition o f disability in the EE Act readwith the Disability Code



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Def inition in the South Af rican

context



Ov er v iew: De f inition o f Disability

5.1.1. (i) Forms o f disability5.1.1 (ii) P hysical impairment 5.1.1. (iii) Mental impairment

5.1.2. (i) Long term5.1.2 (iii) Recurring impairment 5.1.3. (i) P rogressi v e conditions5.1.3. (i) Substantially limiting5.1.3. (ii) Controllable & correctable impairments5.1.3. (iii) A ssessing i f substantially limiting5.1.3 (i v ) Impairments excluded by public policy

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5.1 De f inition o f people with

disabilities

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P eople are considered as persons withdisabilities who satis f y all the criteriain the definition:(i) ha v ing a physical or mental

impairment(ii) which is long-term or recurring

(iii) which substantially limits their prospectsof

entry into, orad vancement in, employment



5.1.1 Impairment

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(i) A n impairment may be: physical or mental or

a combination o f both



5.1 De f inition o f people with

disabilities

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P eople are considered as persons withdisabilities who satis f y all the criteriain the definition:(i) ha v ing a physical or mental

impairment(ii) which is long-term or recurring

(iii) which substantially limits their prospectsof

entry into, orad vancement in, employment



5.1.1 P hysical impairment

(ii) P hysical impairment means a partial or total loss

of a bodily f unction or part o f the bodyIt includes sensory impairments such as being dea f

hearing impaired v isually impaired

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5.1.1 Mental impairment

(iii) Mental impairment means a clinicallyrecognized condition or illness

that a ff ects a person s thought processes judgment or emotions

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5.1.2 Long-term or recurring

(i)Long-term means the

impairment has lastedor is likely to persist f or

at least 12 months

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Long-term

(i)Long-term means the

impairment has lastedor is likely to persist f or

at least 12 months

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Short-term / Temporary

Examples o f short-term /temporary illness / injury broken limb stress-related absence appendicitis reacti v e depression

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#1(ii) Recurring impairment is one that

is: likely to happen again and to be substantially limiting

It includes a constant underlyingcondition

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#2Examples o f impairments which mayrecur reacti v e depression multiple sclerosis P arkinson's disease

epilepsy cancer

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P rogressi v e #1

(iii) P rogressi v e conditions are those that are likely to de v elop or change or recur

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P rogressi v e #2

P eople li v ing with progressi v e

conditions or illnesses are considered aspeople with disabilities once theimpairment starts to be substantiallylimiting

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P rogressi v e #3

P rogressi v e or recurring conditions

which ha v e no o v ert symptoms orwhich do not substantially limit a personare not disabilities

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P rogressi v e #4

Examples o f progressi v e conditions HIV- related impairments

A IDS-related impairments Muscular Dystrophy Multiple Sclerosis Cancer P rogressi v e sensory organ impairments

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P hysical impairments

P hysical

SensoryMobility

Neurological

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EX A MP LES



P hysical impairments

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P hysical wide v ariety



Sensory examples

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Sensory dea f hearing impairment blind

v

isual impairment Feeling and tactile



Examples: Mobility

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Mobility

P araplegia Quadriplegia P olio A mputation



C: DLM for SASOLJuly 20928

Examples: Neurological

Functional impairment Cystic f ibrosis Myasthenia Gra v is Cerebral palsy Epilepsy

Hemiplegia (stroke)



Mental impairments

Examples o f mentalimpairments

Mental health re f erencesLearning disabilities

Mental illnessesIntellectual impairments

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Examples o f mental

impairment 3 v ariants

Learning disabilities Mental illness Dev elopmental / intellectual

disabilities

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Examples o f mental

impairment Complex - poorly understood andmany stereotypes

Much ignorance andmisunderstandingNot well understood by courtsHigh probability o f misdiagnosisGreat care to not stigmatize orlabel

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Mental health re f erences

Diagnostic & Statistical

Manual IV (DSM IV)International Classi f ication o f Functioning Disability andHealth (ICF-2)

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Learning disabilities

Impairments with barriers inpsychological processes inunderstanding or using language: A ttention De f icit Disorder Dyslexia P erceptual barriers Dev elopmental aphasia

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Mental illness - general

Impairments presenting barriers

in social beha v ior rational thinking

f eeling or judgment

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a Mental

Depression, hysteria, obsession Examples: the f unctional disorders:

anxiety, reacti v e A rise f rom external stresses and

en v ironmental pressures

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b Mental - P sychosis

A rises f rom mentalillness in the mind itsel f

Examples: schizophrenia

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c Mental - P ersonality

disordersExaggerated patterns o f personalitytraits predisposing to maladapti v ebeha v ior in percei v ing / thinking /relating to others Cluster 1: seem odd and eccentric Cluster 2: seem dramatic, emotional and

erratic Cluster 3: f ear f ulness and anxiety (like

anxiety-based

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a Intellectual impairment #1

Impairments with barriers ingeneral intellectualf unctioning A bout 250 causes

Measured by intelligence

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b Intellectual impairment #2

Skills de v elopment a f unctionof

age ability

de v elopmental stage

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c Intellectual impairment #3

Categories Mild - not substantially di ff erent

f rom peers Moderate - an apparent

de v elopmental barrier exists Sev ere - may ha v e multiple

disabilities

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W hat limitations are there?

W hen is the impairment substantiallylimiting ? what does the concept mean?W hich disabilities can t come within thede f inition because they are not v eryimpairing ?W hat about impairments that arecorrectable, controllable ormanageable? are these outside or within the de f inition?

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5.1.3(i) W hat is substantially

limiting ?(i) A n impairment is substantially limiting i f ,in its

nature duration or e ff ects

it substantially limits the person s ability to

per f orm the essential f unctions o f the job f orwhich they are being considered

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5.1.3(ii) Disabilities with no

limiting eff

ects

(ii) Some impairments are so easilycontrolled, corrected or lessened, that they ha v e no substantially limitinge ff ects

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limiting eff

ects

Example: person who wears spectaclesor contact lenses does not ha v e adisability unless e v en with spectacles orcontact lenses the person's v ision is

substantially limited

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5.1.3(iii) Correctable &

controllable impairment (iii) A n assessment to determine whether the

e ff ects o f an impairment are substantially

limiting must consider if

- medical or- other de v ices

would control or correct the impairment so

that the ad v erse e ff ects are pre v ented orremo v ed

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limiting eff

ects

Example: person who wears spectaclesor contact lenses does not ha v e adisability unless e v en with spectacles orcontact lenses the person's v ision is

substantially limited

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5.1.3 (i v ) Impairments excluded f orreasons o f public policy 1

(a)Sexual beha v ior disorders that areagainst public policy

(b)Sel f -imposed body adornments suchas tattoos and body piercing

(c) Compulsi v e gambling, tendency tosteal or light f ires

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5.1.3 (i v ) Impairments excluded f orreasons o f public policy 1

(d)Disorders that a ff ect a person s mental orphysical state i f they are caused by current use o f illegal drugs or alcohol, unless thea ff ected person is participating in arecognized programme o f treatment

(e)Normal de v iations in height, weight andstrength; and con v entional physical andmental characteristics and commonpersonality traits

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5.1.3 ( v ) A ssessing whether animpairment is substantially limiting

A n assessment may be done

by a suitably quali f ied personif there is uncertainty as towhether an impairment maybe substantially limiting

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P eople who can claim rights interms o f a Constitutional Court

case



Harksen v Lane

Constitutional Court Harksen v Lane No. [Aug 1997]

there will be discrimination on anunspecified ground if it is based onattributes or characteristics which ha v e thepotential to impair the f undamental dignity

of persons as human beings, or to a ff ect them ad v ersely in a comparably seriousmanner

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A ttributed disability status

P eople can be attributed disabilitystatus due to negati v e assumptions about their abilities

characteristics or in f ormation about themA rises f rom Myths and f ears stereotypes ignorance about impairments & their e ff ect These result in attributes to beimposed on people

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A ttributed disability statusA ttribution theory in social psychologyW e attribute characteristics due to cues / signalsUnf air attribution can ha ve discriminatory e ff ects

But this basis f or discrimination is not speci f ied inthe Bill o f Rights in the Constitution so the discrimination is on an unspeci f ied

ground

The discrimination can be based on disabilityIf so it will be disability-related discriminationCan be as disabling as direct disabilitydiscrimination

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Examples o f attributeddisability status

A lbinismSpeech impairmentsFacial dis f igurement Little peopleBurnsSome amputeesRecord o f mental illness

Special school / sheltered workshop stigma Relationship or association with a disabledperson

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disability equity 6

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