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Health Service
commonly used. However, it does have a place when it refers to furthering and promoting the agenda of non-disabled people at the detriment or discrimination of disabled people. 5
Psycho-emotional disablism: This phrase is utilised when the effects of able-bodied bias, discrimination, prejudice or stigma affect a disabled individual’s psychological or emotional well-being.6
Historical changes to disability rights and legislation following the birth of the National Health Service.
In 1970 the local authority Social Services Act was created, leading to social service committees being established in all local authorities7 (England and Wales only8) to provide specific assistances for social care and residential accommodation9 . That same year Labour MP Alf Morris put into place the ground-breaking ‘Chronically sick and disabled persons Act (CSDP)’ which was first of its kind law, that gave disabled people human rights10 . This act made accommodation for disabled people separate from the elderly11 . It put in place guidance aimed at encouraging local authorities and committees to include people with lived experience of disability, raising inclusivity and representation12 . The act included the
5 Scope, Disablism and ableism, [n.d.] < https://www.scope.org.uk/about-us/disablism/> [Accessed 12 November 2020] 6 Lexico Dictionaries, Definition: Psycho-Emotional, [n.d.] <https://www.lexico.com/definition/psychoemotional> [Accessed 12 November 2020] 7 Local Authority Social Services Act 1970 (c. 42) [Online] <https://www.legislation.gov.uk/ukpga/1970/42/enacted?timeline=false> [Accessed 30 November 2020] (pp. 11). 8 Local Authority Social Services Act 1970 [Accessed 30 November 2020] (pp. 13 (5) -8). 9 Local Authority Social Services Act 1970 [Accessed 30 November 2020] (pp. 7 (2a) -5). 10 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Online] <https://www.legislation.gov.uk/ukpga/1970/44/enacted?timeline=false> [Accessed 30 November 2020] (pp. 11). 11 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 17-6). 12 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 15 - 5/6).
introduction of disability badges for cars, although it did not include parking or access as part of the legislation13 . Mobility scooters (referred to as: invalid carriages in the original law which is now considered offensive language) were now legally allowed to be used on roads, footpaths and pavements14 . It gave councils the duty of providing specialist education for children who were; blind, deaf, autistic and dyslexic15 . The law legislated equal access to recreational and educational facilities for disabled people16 . Public toilets and sanitary facilities for disabled people were now a legal obligation of building owners17 . Alf Morris is a pivotal politician, who’s activism forced forward the progression of the landscape of disability rights. 1981 was named the ‘international year for disabled people’ by the United Nations18 , this title was challenged by disability activists and advocates as the use of ‘for’ implies disabled people were passive in the receipt of the title not active participants19 . This controversy progressed into the title being altered to ‘international year of disabled people’ and following this example the collective, ‘Disabled People’s International’ was also formed that year20 . The language of disability and amending it has been critical to the way people understand what being disabled means. In 1992, the Disability Living Allowance (DLA) was introduced21followed in 1995 by the Disability Discrimination Act (DDA) which legislated against disability discrimination. This centred around protecting disabled individuals from
13 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 21-8) 14 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 20 – 7/8 ). 15 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 25/27 -10/11) . 16 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 4 (1) -1). 17 Chronically Sick and Disabled Persons Act 1970 (c. 44) [Accessed 30 November 2020] (pp. 4/8 -3/4). 18 United Nations, The International Year of Disabled Persons 1981, [n.d.] <https://www.un.org/development/desa/disabilities/the-international-year-of-disabled-persons-1981.html> [Accessed 18 January 2021]. 19 NHS, A Disability History Timeline- The struggle for equal rights through the ages. (NHS North West 2013) < https://www.merseycare.nhs.uk/media/1749/disabiliyt-timeline-2013.pdf > [Accessed 18 January 2021] (pp. 4 of 7 – 14). 20 NHS, A Disability History Timeline- The struggle for equal rights through the ages. [Accessed 18 January 2021] (pp. 5 of 7 – 14). 21 NHS, A Disability History Timeline- The struggle for equal rights through the ages. [Accessed 18 January 2021] (pp. 4 of 8 – 28).
being legally discriminated against, particularly relating to: “employment, the provision of goods, facilities and services or the disposal or management of premises”22 . In 1996 Mencap celebrated their 50th birthday 23 and the “National Centre for Independent Living and the Independent Living Movement” put substantial pressure on the government24 resulting in the ‘Community Care (Direct Payments) Act’25 . This pioneering initiative lay the groundwork for self-directed support that assists with independence. In 2001 the ‘Special Educational Needs (SEN) Disability Act’ introduces protection meaning that it is illegal to discriminate against disabled students in education26 . In 2005, the Disability Discrimination (Amendment) Act grew to encompass a duty for public bodies to include disabled people to promote equality27 . Between 2005/08 the World Health Organisation set up a commission to research the social determinants of health, their aim was “to support countries and global health partners in addressing the social factors leading to ill health and health inequities. The Commission aimed to draw the attention of governments and society to the social determinants of health and in creating better social conditions for health, particularly among the most vulnerable people.28”
22Disability Discrimination Act 1995 (c.50) [Online] <https://www.legislation.gov.uk/ukpga/1995/50/contents. > [Accessed 26 January 2021] (pp.1-1) 23 The Open University, Timeline of learning disability history: Social History of Learning Disability. [n.d.] < https://www.open.ac.uk/health-and-social-care/research/shld/timeline-learning-disability-history> , [Accessed 18 January 2021] (para. 86-97). 24 The Centre for Independent Living, Independent Living Movement. (Copyright: 2021 The Centre for Independent Living) [n.d.] <https://www.cilni.org/about-us/company-history/> [Accessed 25 November 2021] (para. 3 of 6). 25 Community Care (Direct Payments) Act 1996 (c. 30) [Online] <https://www.legislation.gov.uk/ukpga/1996/30/section/7> [Accessed 18 January 2021] (pp.1-1) 26 Special Educational Needs and Disability Act 2001: Part 2 (c. 1) [Online] https://www.legislation.gov.uk/ukpga/2001/10/part/2/enacted [Accessed 12 November 2020] (pp. 11 (28A) -1). 27Disability Discrimination Act 2005: Part 5A, Public Authorities (c. 13) [Online] <https://www.legislation.gov.uk/ukpga/2005/13/enacted> [Accessed 18 January 2021] (pp. 3 (49A)-1). 28 World Health Organisation, Social Determinants of Health, Commission on Social Determinates of Health, 2005-2008 (Copyright: 2021 WHO) [n.d.] <https://www.who.int/social_determinants/thecommission/en/> [Accessed 26 January 2021]
In 2010, the Equality Act was passed. This created a set of protected characteristics that it is now illegal to discriminate against29 . Lastly in 2010 the Marmot review, ‘Fair society, healthy lives’ was published attracting international attention. 30
Structure of this essay
Chapter one is an exploration of the definition of social structural disablism and psychoemotional disablism, reviewing in what way the two interact and correspond; this will lead to a shift in focus to the reactive act of individuals internalising social disability related stigma and will end with an explanation of the Social Model for disability. Chapter two provides an analysis of the perpetuated effects of health inequalities and an investigation into how they exacerbate problems faced by disabled people. Furthermore, there will be an enquiry into how this effect the well-being of disabled people in the UK. Chapter three reflects and critically evaluates previous research. Additionally, I have endeavoured to integrate the research results, putting forward suggestions on how to build an inclusive framework strategy beginning from childhood, putting disabled people at the centre of building an inclusive society.
29 Equality Act 2010: Part 2 (c.1) [Online] <https://www.legislation.gov.uk/ukpga/2010/15/section/4/enacted> [Accessed 12 November 2020] (pp. 4-4). 30 Parliament UK, The Marmot Review, Fair Society, Healthy Lives, Strategic Review of Health Inequalities in England post-2010 (The Marmot Review 2010) <https://www.parliament.uk/globalassets/documents/fairsociety-healthy-lives-full-report.pdf > [Accessed 12 November 2020]