SARA ISLIM TOMCZAK 

DISABILITY

The oxford dictionary, defines disability and impairment as:

 

Disability:

“A physical or mental condition that limits a person’s movements, senses, or activities.”

 

Impairment:

“the state of being diminished, weakened, ordamaged, especially mentally or physically”

 

A disabled individual is one with an with impairment who encounters disability within their day to day tasks. Disability is a result of unconstructive interactions that take place between the person suffering impairment and their interactions with the environment around them. 

 

The definition of disability influences the way in which the non disabled individual responds the disabled individual. This is as it is the way in which society is adapted to the disabled individual, making them think that the individual is ‘lesser’ or ‘unable’ to carry out tasks for themselves.

 

In order to minimise the numerous disadvantages and the segregation that disabled people experience we need understand the Equality Act 2010, formally known as the Disability Discrimination Act (DDA) and form a societal definition of disability. Since 1st October 2010, the Disability Discrimination Act (DDA) was replaced with the Equality Act 2010. The act was changed in order to remove discrepancies in the law regarding discrimination; it is believed that combining the law together allows for the law to be simpler to follow, and to adequately reflect community’s attitude to disability.

 

Section 6 (1) Within the Equality Act 2010 defines a ‘disabled person’ as a person who has a disability. In turn a person has a disability if:

• Person as a physical or mental impairment, and

• The impairment has a substantial and long term adverse effect on the Person’s ability to carry out normal day to day activities

 

In lay-mans terms the definition highlights that disability is activity restricted by impairment.

 

In the Governments ‘Guidance on matters to be taken into account in determining questions relating to the definition of disability’ normal day to day activities are described as a bundle of sensory, physical and metal functions and social activities.  Section D of the guidance document looks at a person’s impairment and how it affects their ability to carry out day to day tasks. In exploring mobility it states that a person is oppressed:

 

• In getting around unaided

• Using normal means of transport

• Leaving home with or without assistance

• In walking a short distance

• Climbing stairs

• Travelling in a car or completing a journey on public transport,

• Sitting, bending, standing or reaching,

• Getting around in an unfamiliar place

 

 

The act covers a range of topics that have built up a frame work for it.  The topics are disability; gender reassignment; age; pregnancy and maternity; marriage and civil partnership; sex; sexual orientation; race and religion or belief. These are covered substantially so that people cannot be treated unfairly.  The Act further sets out all the different ways in which it is unfair to treat an individual, through direct/ indirect discrimination, victimisation, harassment, and the one which is most applicable is the failure to apply reasonable adjustment for a disabled person. It further goes into detail on unfair treatment within a workplace and public functions, education and the management of premises.

 

Within design, universally as set out by the CPD (continuing professional development) we should refrain from saying the service provided or design applied complies with the Equality Act 2010 or that it is DDA compliant. The service or design should be described as more “universally accessible”.

 

On the RIBA CPD website it states that:

 

                           “It is also essential to consider the full demographics of disabled people, not as a homogenous group

                            for whom we make sweeping generalisations but as individuals with a complex mixture of needs. This

                            should include older people, those with mobility and dexterity issues as well as sensory impairments

                            and people with learning difficulties.”

 

This can be applied through Part M and Part k of the building regulations which aren’t directly linked to the Equality Act 2010 however incorporate all the adjustments that need to be made to buildings to make them accessible and achieve inclusive design to follow the law set out in the Equality Act 2010.

 

 

 

 

WHAT IS NORMALITY:

Within the Equality Act 2010 and the former Disability Discrimination Act 2005, it refers to tasks as ‘normal’.  The word normal can be used in two contexts. Normal can be a value judgement, one of which the most common anomaly is taken and adapted to be a standard view. For example most people hear, this is said to be ‘normal’. The second context that the word normal can be used in is a pattern that creates a judgement or negative association. For example hearing considered the norm because it is understood that people should hear to survive, and that it is only normal to hear.

 

The DDA nor the Equality Act 2010 haven’t made a visible difference between these two ways that normality can be either a value judgement or a pattern. The discrepancy this carries is one of a negative image and stereotype of disabled people, portraying then as unnatural and inadequate.

 

This could also be applied in design and limits the prospect of disabled people demanding change to the norms of society and the surroundings given to them.

 

 

 

 

SOCIETY AND DISABILITY:

Impairments create difference in ones response to carrying out daily functions. However when referring to society and disability, it is really the way in which society is organised by creating second rate provisions that are usually segregated instead of integrated. Society is known to undermine people with impairments by preventing them for taking part in everyday activities. Disability is located in the way society is organised and the lack of integration and restrictions imposed on the disabled are caused by an inadequate social organisation model.

 

 

 

 

DISABLING BARRIERS: 

If disabled people are to join the ‘normal’ society, then the way society is organised has to change. This change can be carried out by pin pointing and reconstructing the elements that prohibit people with impairments. The barriers that need to be liquefied are inaccessible buildings and organisational procedures and practices.

 

Predominantly, the social translation of disability reassures organisations perspective of disability in a organisational way, not allowing the identification of the barriers that disabled people face and the removal of ‘disabling’ barriers all together.

 

 

 

 

 

CONCLUSION:

Disability is activity restricted by impairment as pin-pointed above. This impairment can be anything from a visual, mobility or sensory disadvantage. The law states that a disabled person has an inability to complete ‘normal’ day to day tasks, however does not define what normal is. It has through this approach allowed people to deem those with disability as not only less able but also labelled them as a ‘lesser’ individual. Due to this in design disability is often not thought about as it is rarely regarded as the norm.  Disability is often viewed as a subjective and individual matter through the lack of knowledge and awareness. This therefore devises an individual or minimal solution to the problems that disabled people face as they aren’t the norm and are therefore considered the niche market.

 

A lot of this is due to the way society is organised and the perception of disability. As the population grows the percentage of disabled people increases with it. So it is only right to make design more inclusive, and by doing this we are not only moving forward within design, but also showing that we are aware of the barriers put up by society and are ready to break them down and become not more adaptable but more conscientious and embracing.