Call for better disabled rights

The commission reviewed legislation on disability

The government has been urged to improve the rights of disabled people in Northern Ireland.

The call has come from the Equality Commission following its review of the 1995 Disability Discrimination Act.

The commission highlighted 34 areas where the Act does not fully protect people - one in six of those who try to bring an action under the legislation are told they do not qualify.

It recommended extending protection of the Act to those presently excluded, such as people who have just discovered they have cancer or multiple sclerosis.

The commission wants the removal of the requirement that someone has had to experience disability for more than 12 months before they are protected by the Act.

It wants employers to plan ahead when refurbishing premises or changing work practices, and think about the needs of disabled people.

It also wants to extend protection to include transport systems and urges employers and service deliverers to record the numbers of employees and customers with disabilities.

The case for change is compelling and what better time to make the necessary improvement to the rights of disabled people than during 2003

Joan Harbison
Equality Commission

Joan Harbison, Chief Commissioner of the Equality Commission, said the Disability Discrimination Act was a landmark piece of legislation at the time it was passed.

"However, it was - and remains - limited in comparison with a full civil rights vision for disabled people and has gaps in protection which need to be filled," she said.

"The Equality Commission welcomed the government's commitment to making change when it accepted the recommendations made over three years ago by the Disability Rights Task Force.

"The case for change is compelling and what better time to make the necessary improvement to the rights of disabled people than during 2003 - the European Year of People with Disabilities."

The Disability Discrimination Act makes it unlawful to treat disabled people less favourably than the able-bodied unless it can be justified on "substantial and material grounds".

It requires employers to make reasonable adjustments to their working arrangements if they place those with disabilities at a substantial disadvantage, unless it can be justified.

The Disability Rights Task Force was set up by the UK Government to look at how more comprehensive, and enforceable, civil rights for disabled people could be established.

The Task Force reported in 1999 and most of its 156 recommendations were accepted by both the UK Government and Northern Ireland Executive.

The Equality Commission for Northern Ireland is an independent public body set up under the Good Friday Agreement.