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Your Rights For disabled people and their carers

How the Disability Discrimination Act affects you

The Disability Discrimination Act 1995 (DDA) introduces new laws aimed at ending the discrimination that many disabled people face.  It affects virtually everyone who provides goods, facilities and services to the public whether paid for or not (referred to as “service providers”).

The DDA defines disability, and identifies who is protected under it.  The definition is broad: “a physical or mental impairment which has a substantial and long-term effect on a person’s ability to carry out normal day-to-day activities”.

Part III of the Act introduces duties on service providers in three stages:

since December 1996, it has been unlawful for service providers to refuse to serve a disabled person, offer a lower standard of service or provide a service on worse terms to a disabled person for a reason related to his or her disability.

since October 1999, service providers have had to make reasonable adjustments for disabled people in the way they provide their services.

from October 2004, service providers may have to make reasonable adjustments in relation to the physical features of their premises to overcome physical barriers to access.

Many service providers are already choosing to make improvements to their premises in advance of 2004.  This is a sensible approach, as with foresight many changes can be incorporated into routine maintenance or refurbishment’s between now and 2004.

The Human Rights Act 1998 - the most important constitutional measure since 1688.

Part (1) looks in detail at those Convention rights which are likely to have most impact on disabled people.

Part (2) quarantees the right to life, and will have a direct impact on the service disabled people can expect in the health system.

Part (3) protects disabled people against inhuman or degrading treatment.

Part (4) provides for the right to liberty.  That is relevant to people with mental health problems who are compulsorily detained and to other disabled people in institutional or community care.

Part (5) provides rights of due process in criminal and civil cases.  It should ensure that police courtroom officials improve procedures for dealing with disabled participants in criminal cases.

Part (6) Protects the right to private and family life and the right to marry and found a family.

Part (7) Guarantees freedom of expression.

Part (8) gives the right to freedom of assembly and association.  Although the Human Rights Act was conservatively interpreted in Strasbourg, activists in the disability rights movement may find it improves their ability to campaign effectively.

Any further information can be obtained by contacting:

Disability Rights Commission,
2^nd Floor, Arndale House,
The Arndale Centre, Manchester M4 3AQ

Telephone 08457-622633

Textphone 08457-622644

Fax: 08457-778878

E-mail enquiry@drc-gb.org 

Website: www.drc-gb.org 

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