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Equality and non-discrimination – Part A: Key concepts

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Today’s sessions on equality and non-discrimination

Part A: Key concepts Defining equality and non-discrimination Types of discrimination Reasonable accommodation Part B: Case studies Addressing cases of discrimination Intersectional discrimination Part C: Systems change Government systems change measures Identifying stakeholders and reforms

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Where does the CRPD address equality and non-discrimination?

Article 1: Purpose - full and  equal  enjoyment (…)   on an equal basis with others Article 3: General principles: Non-discrimination Equality of opportunity Equality  between men and women Article 4: General obligations – “ without discrimination  of any kind on the basis of disability”  Article 5:  Equality and non-discrimination Article 6: Women with disabilities – recognizing  multiple discrimination Article 7: Children with disabilities - on an  equal basis  with other children Everywhere in the convention…

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3 Text boxes answering 'What is equality?': *Equality of treatment (formal equality), Equality of opportunity and Equality of outcome (substantive/de-facto equality).

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Three images to explain achieving substantive equality: Image 1:  Is labelled ‘Equality of treatment’ with an image of Three people standing on wooden boxes watching a soccer game over a fence. The first person is tall and the box does not make a difference. The second person is shorter, and the box helps them to see. The third person is shortest and cannot see at all. Image 2 is labelled equality of opportunity with  an image of the same three people as the first image. This time, the first person has no box to stand on, but still can see. The second person has one box and can see. The third person has two boxes and can see. Image 3: is labelled equality of outcome? With the same image as the other two. This time there are no boxes, and the wooden fence has been replaced with a wire, see-through fence, and everybody can see.

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In pairs, identify  2 different examples of discrimination that persons with disabilities may face in the context of your own daily life activities.  Take turns to share 2 examples each. For each example, discuss:  why is it discrimination? Share your examples in the large group. Discuss:  What makes something ‘discrimination’?

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What is discrimination on the basis of disability?  (CRPD Article 2)

Text box saying “Discrimination on the basis of disability” includes any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.

Text box saying: “Reasonable accommodations” are necessary and appropriate modifications and adjustments, not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.

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Equality and non-discrimination (Article 5)

Non-discrimination is an  immediate obligation  to: recognise equality before and under the law  provide equal protection and benefit in law  prohibit discrimination  and ensure reasonable accommodation.  Positive measures, such as affirmative action to accelerate de facto equality (e.g. employment quotas), are  not  considered discrimination. Non-discrimination is a precondition to address the rights of persons with disabilities and should be considered in all policy making and programming.

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WHAT IS
ABLEISM ,
What is ableism?
02:37

Please share (if comfortable):  What is an example of ableism you have witnessed in your daily life? For personal reflection:  Can you think of an instance where you have either demonstrated ableism or (if you are a person with disability) experienced ableism? Ableism  is a value system that assumes that the lives of persons with disabilities are of less value and leads to low expectation, stigma and discrimination. Stigma  is a major factor in disability-based discrimination.

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The multiple forms of disability-based discrimination

Text box outlining multiple forms of disability based discrimination: Direct discrimination, indirect discrimination, discrimination by association, structural or systemic discrimination, multiple and intersectional discrimination, discrimination against underrepresented groups and denial of reasonable accommodations.

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Direct discrimination occurs when persons with disabilities are treated less favourably than another person in a similar situation for a reason related to a prohibited ground.  It also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation. For example, direct discrimination occurs when persons with intellectual or psychosocial disabilities are not allowed to lodge a complaint to the police without their guardians present because of “restricted legal capacity.” For example, direct discrimination occurs when  a company has a policy of not hiring anyone with a history of back problems, irrespective of the duties of a position.

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Indirect discrimination refers to laws, policies or practices that appear neutral when taken at face value but that nonetheless have a disproportionately negative impact on persons with disabilities.  For example, electoral laws: everybody has the right to vote but there is no provision to ensure that voting polls are accessible and therefore persons with disabilities face limitations when attempting to exercise their political rights.

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Discrimination by association is discrimination against persons on the basis of their association with a person with a disability.   For example, the mother of a child with disabilities may be discriminated against by a potential employer because she needs a flexible schedule to care for her child who has a disability and is considered to be a less engaged or reliable worker because of this.

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Structural or systemic discrimination refers to rules, norms, routines, patterns of attitudes and behaviour across institutions and society that represent obstacles to some groups or individuals in achieving the equal rights and opportunities.  For example, owing to stereotyping based on the intersection of gender and disability, women with disabilities may face barriers when reporting violence, such as disbelief and dismissal by the police, prosecutors and courts.  Or, widespread beliefs such as believing that persons with psychosocial disabilities do witchcraft, which leads to exclusion or harmful practices by their communities.

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Multiple and intersectional discrimination

Many persons with disabilities face discrimination in access to services and opportunities on multiple grounds, depending on context, such as: Gender and gender identity, age, ethnicity, migrant status, sexual orientation, etc. Multiple discrimination refers to a situation whereby a person experiences discrimination on two or more grounds, resulting in compounded or aggravated discrimination.  For example, persons with disabilities from an ethnic minority seeking employment may be discriminated against on the basis of ethnicity and also on the basis of disability.  Intersectional discrimination refers to a situation where several grounds interact with each other at the same time in such a way as to be inseparable. The combination of these experiences creates a unique experience for a person. For example, women with disabilities are disproportionately subjected to forced sterilization due to a unique interaction of gender and disability-based discrimination. Such discrimination is not experienced to this extent by women generally or by persons with disabilities generally.

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Discrimination against underrepresented groups

Horizontal discrimination occurs between different impairment groups of persons with disabilities.  Depending on context, certain groups experience certain types of discrimination and stigma, often based on assumptions made about that impairment group. Because of this, discrimination is experienced differently by different groups.

Text box with examples: 
persons with / who are: 
Acquired brain injury
Albinism
Autism spectrum disorder
Deaf or hard of hearing
Deafblindness
HIV/AIDS
Intellectual disabilities
Learning disabilities
Little people / persons of short stature
Multiple disabilities
Psychosocial disabilities

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Discrimination due to denial of  reasonable accommodation

Denial of reasonable accommodation is discrimination that occurs when: necessary and appropriate modifications and adjustments (that do not impose a disproportionate or undue burden) are denied; despite being required to ensure that a person with disabilities enjoy their rights , on an equal basis with others ; and without proof that providing the required accommodation was unfeasible or was creating a disproportionate burden. For example, a Deafblind woman requests guide interpreters to attend a public hearing in parliament and she is denied because “it is too expensive and there is no budget”.

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Activity: Is this disability-based discrimination, or not?

Example 1: A mother of a child with disability feels that she has been denied work opportunities in her law firm because she requested flexible hours (finishing one hour earlier and working from home 1 hour in the evening) to support her young child with disability.

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Activity: Is this disability-based discrimination, or not? Example 2

Phon , a woman with mobility impairment, is working for a company that has just moved office. She has rented a flat nearby the previous office, at a higher cost, to be close to work. As the new office is now much further from her home, she has to take a taxi to get to work, as public transport is not accessible.  All employees get a free monthly bus pass from the company, so she requests that her employer covers the cost of a private taxi to and from the office.  The employer refuses to accept her request.

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Activity: Is this disability-based discrimination, or not? Example 3

John is a young boy with Down Syndrome who obtained a qualification as a shop assistant. He successfully applied for an open vacancy for a cashier’s position at the local supermarket.  However, his employer did not let him work as a cashier and instead delegated him to work in the warehouse.

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Activity: Is this disability-based discrimination, or not? Example 4

Ahmed ’ s mother belongs to a tribal community and is demanding transportation support for her 7 year old boy with disability to attend school in the city because there is no school in their village. She does not want her child to stay at home like the other children in the community. She is worried for his future.

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Activity: Is this disability-based discrimination, or not? Example 5

A middle-aged soldier was blinded because of an explosion. He wants to remain in the army, but instead was awarded with a medal of honor and promoted to an officer as part of the dismissal process in the service.

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Activity: Is this disability-based discrimination, or not? Example 6

Sarah, a young Deaf woman who has graduated from secondary school with high  honors , wants to study journalism and has successfully passed the entry exams. But at the start of the semester, the college only offered her admission to information technology courses.

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What is reasonable accommodation? How do we know what is reasonable? “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. (CRPD Article 2)

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5 questions to help know what is reasonable Does it work for the person:  is the adaptation is what they need (or has asked for)? Is it proportionate:  it is not more than what they need but is it sufficient to do what they have to do? Is it possible:  is it technically or available in country? Is it financially possible:  does the duty bearer have the money for it? Is it economically feasible:  will doing it jeopardize the business?

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Why is reasonable accommodation important?

To make things fair and equal.  When there is a lack of accessibility or access for a person with disabilities  on an equal basis with other persons , then reasonable accommodation bridges this gap. It is also key to ensuring we meet our legal obligations, as governments, employers, or services providers.  Denial of reasonable accommodation is  a form of ‘discrimination on the basis of disability’ (CRPD Article 2)

“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise , in an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination,  including denial of reasonable accommodation .  CRPD, Article 2

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If a person… Needs time off for doctor's appointments May get severe anxiety in a long meeting in a small room Uses a wheelchair that won't fit under a desk Adjustments to the desk height Arrangements for an adjusted work schedule Being allowed to take breaks or using a bigger room A reasonable accommodation could be…

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Activity: Is this reasonable accommodation?

Text box explaining group activity: Is this reasonable accommodation? 1. Have a look at the scenarios you have been given. Decide if they are reasonable requests.  2. As a group, what would you decide on the requests being asked and why? 3. Be ready to report back to plenary

Equality and non-discrimination – Part A: Key concepts

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