Southampton Centre for Independent Living

ThIs post was written by Berni Vincent.

The new Equality and Human Rights Commission was launched on October 1 2007 resulting in the merger of the Disability Rights Commission, Commission for Racial Equality and Equal Opportunities Commission.

One of the last events that the Disability Rights Commission held jointly with Equalities National Council was a conference looking at Race, Disability and Human Rights on September 12. The event from my point of view was about raising awareness, listening to others and gaining some understanding of the multi oppression that my fellow Disabled people experience.

It was good to see so many Disabled people from Black and Minority Ethnic Communities (BME) coming together to share common experiences and address ways of breaking down barriers of multi oppression and exclusion. 

BME communities are more likely to experience poverty and isolation.  For example among families that include a Disabled adult the risk of poverty is 36 per cent in white families, 52 percent in Indian families, 63 percent in Pakistani families and 83 per cent in Bangladesh families.

With regard to family members providing unpaid support; assumptions are often made that BME Disabled people’s support will be met by a close family member, with little consideration to the disempowering impact this will have on family relationships or individual family members’ right to develop their own potential and aspirations. Further more the meaning of Independent Living and the Social Model of Disability has yet to be fully understood in BME communities generally.

In a workshop led by the ‘Black Men Moving forward project’ that provides advocacy support across the Criminal Justice System, mental health service users gave personal testimony of surviving the institutional racism and neglect across the Criminal Justice system.  Disabled People generally do not have their needs met within the judicial system, and a high majority of people with mental health impairments receive no support or medical treatment. There were examples quoted of medical records not being transported to prison resulting in lack of vital medication or medical intervention at point of entry on release from the prison service.   

So what needs to happen if things are to change; the starting point has to be ensuring that public bodies grasp their responsibility to ensure BME Disabled People enjoy the same freedom, respect and equality as everyone else.  Time and investment needs to be made to adequately fund peer support organisations that can continue to lead the way offer support and influence policy design.  

The responsibility lies with us all – public bodies, service providers, and the voluntary sector. We must work together to break down barriers of isolation and mistrust and find ways to listen and understand each other issues and experiences. We must believe It is possible to break the oppressive chains that isolate multi oppressed groups in BME communities.  We need to actively work together to bring the barriers down. 

Progress on Independent Living issues in Serbia are widely expected with the news that Gordana Rajkov has become the first disabled person to be elected as a MP in the Serbian Parliament.

Gordana Rajkov is on the Board of the European Network on Independent Living (ENIL) and has been heavily involved in the development of the Centre for Independent Living in Serbia. Gordana spoke with passion at the recent ENIL conference in Valencia about the importance of Direct Payments and Personal Assistance within Serbia.

It is encouraging that Disabled People in Europe are securing positions in the political sphere where they can hopefully influence policies that have a direct effect on Disabled People’s lives.

Sometimes you set out to write an article based on something you read, and half way through you realise that you are not contributing any more to the debate than the source material you read. Therefore, I am simply recommending that people read Peter Beresford’s article in the Guardian last week.

In the article, Peter describes some of the current issues faced by the Disability Movement in the UK. He describes how despite many advances in government policy that can be traced back to the efforts of the Disability Movement, there is no time for complacency.

He writes ‘Ensuring the equal involvement of all people demands changes in understanding and culture. It also requires resources to reach out and support such inclusion - a hard job for disability organisations unremittingly strapped for cash…..Tackling the issue of diversity doesn’t detract from solidarity, as is sometimes suggested. Instead, it reinforces it as policy makers find it more difficult to divide different groups and set them against each other.’.

He also sees one of the solutions being an inclusive education system as it ‘…enables all children to learn alongside each other, with whatever support they need, so that the kind of divisions between disabled and non-disabled people that Shakespeare condemns are no longer routine.’.

Read the complete article and let us know your views on whether the Disability Movement has lost its way and is focussing on all the wrong issues.

This post is written by Valarie Moushigian, the newest member of SCIL’s Management Committee….. 

As SCIL’s Management Committee comprises of 5 males, I felt it was my duty to be co-opted onto the management committee to increase the supremacy of females, and complementing Lesley (who attends as SCIL’s Office Manager) with the strength, bravado, common sense, humour, practical know-how and of course good looks that we both naturally possess. Please bear in mind that these qualities are only an ounce of the skills we possess!

 In all seriousness and with some arrogance put to one side! There is an element of truth in what I’m saying.  I have been a member of SCIL for a year now and have been witness to many successes and some failures.  With my background in business administration and marketing, and using my natural skills I possess as being a woman, I felt it prudent to contribute some of my knowledge in assisting SCIL in continuing to strive for an organisation that can create equality for Disabled People within our society.  Part of this venture means running a successful business alongside empowering Disabled People to fight for their rights to independent living.  

When I first joined SCIL I didn’t consider myself a Disabled Person, however upon speaking with various members I realised that the fears and barriers I was faced with 18 years ago and in the very recent past was called Discrimination!  I have continuously been discriminated against in my work environment but never knew my rights to complain about the issues I was faced with. My employers were ignorant to say the least in realising and understanding their duty towards Disabled People.  I have made a commitment to myself to ensure organisations such as SCIL continue to grow and succeed, and if I can use the skills I have attained from the ignorant culprits and put them to good use within this organisation I feel we are one step closer.

But don’t be fooled, in return for my experience I am hoping to learn more about the Movement and how I can empower our members and future members to fight for their rights and ensure we all live in an inclusive society that holds no barriers!

YOU CAN HELP!!!  We have a ’special’ management committee meeting on 27th February 2007 (more details to follow) and I would very much like our members or future members to come to SCIL to express your views.  You can enjoy some fine afternoon tea and meet the staff while you’re here.  You can even be like me and decide to join the committee.  I would appreciate meeting the members and give you the opportunity to share your opinions on how you think SCIL can improve and grow to work for you.

If you have child care issues, never mind, bring them along. If you have to bring your mother-in-law then that’s ok too, we have a cupboard under the stairs! 

I specifically haven’t included my photograph because I would like to draw attention to your curiosity.  Some say I look very much like Dawn French but then again some of them tell me I resemble Elle MacPherson. When I was 16 I was told I looked like some British rock star I have never heard of, but then again that was going back some years and I am Australian so what would I know! 

I look forward to meeting you on February 27th!

Apologies if I have offended any males, females, mother-in-law’s, Dawn French or Elle. Poor humour is a severe impairment of my Australian heritage

Around one in four people aged 50 to 69 have experienced age discrimination when working or looking for work according to the Department for Work and Pensions.

Estimates of the annual cost to the economy of ageism in employment range from £16 billion (Cabinet Office, 2000) to £31 billion (Employers Forum on Age, 2001)

Legislation on age discrimination was implemented on 1st October 2006. It covers employment and vocational training. It covers people of all ages and it affects men and women equally.

Age is the final strand of equality legislation to be implemented and it will now be enforced alongside existing legislation on race, sex, disability, sexual orientation, religion or belief.

The Age Discrimination Act only applies to employment. So it could not be used to challenge the ageist regulations which prevent people, who have passed their 66 birthday, applying to The Independent Living Fund to top up their direct payments. It could not either be used by a 15 year old to challenge the under age smoking legislation because it is the subject of Statutory Law, and would not be subject to decision of a tribunal or court.

It could, however, be used by people responding to adverts for Personal Assistants. Requiring that an applicant put their date of birth on an application form is now unlawful and an individual, or company, or both could have action taken against them under the Act.The anti-discrimination legislation that already exists is as follows:

Equal Pay Act 1970

The Equal Pay Act 1970 gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and woman are doing the same work, or work rated as equivalent work, or work of equal value.

Sex Discrimination Act 1975

The Sex Discrimination Act applies to men and women of any age, It makes discrimination on the grounds of sex or marriage unlawful and victimizing anyone who takes a case to a tribunal is also unlawful. However, it is not unlawful to discriminate against someone because they are not married.

Race Relations Act 1976

The Race Relations Act covers people from all racial groups and makes no distinction on the grounds of race, colour, nationality (including citizenship), or ethnic or national origin. The Act was amended in 2000 - the Race Relations (Amendment) Act 2000. This means that the Act now includes public functions, even if those functions are carried out by a private business; and it also places a general duty on listed public authorities to promote race equality.

Disability Discrimination Act 1995

The Disability Discrimination Act covers discrimination against disabled people. It originally applied to employers with 15 or more employees, but recent changes implemented October 2004 mean that the Act now applies to most employers no matter how many members of staff. The Act is to ensure that disabled people are treated equally and not discriminated against for a reason related to their disability including if, without justification, a ‘reasonable adjustment’ is not made. The Act also applies to all those who provide goods, facilities and services for the public.

Employment Equality (Sexual Orientation) Regulations 2003

The regulations protect everyone from direct and indirect discrimination, harassment and victimization in employment and training on the grounds of sexual orientation. Practical workplace guidance can be obtained from ACAS or Stonewall - a lesbian, gay and bisexual group (www.stonewall.org.uk) . There is a range of information and advice sources available on the DTI web page dedicated to the regulations which can be found at www.dti.gov.uk/equality). (The regulations will be updated to reflect the introduction of the Civil Partnership Act and the new legal status of civil partnership.).

Employment Equality (Religion or Belief) Regulations 2003

The regulations protect everyone from direct and indirect discrimination, harassment and victimization in employment and training on the grounds of religion or belief. Practical workplace guidance can be obtained from ACAS. Information detailing the cultural differences, customs and requirements of different religions can be found at Multifaithnet

The Human Rights Act 1998

Although the Human Rights Act is different to the other laws listed here, it is useful to know the basics as it is being used more frequently. The Human Rights Act came into force on 2 October 2000. It has sixteen basic rights, which effect all aspects of human rights, from freedom from torture and killing to individual rights in every day life. It also includes the right not to be treated differently because of your race, religion, sex, political views or any other status, unless it can be objectively justified. It incorporates into UK law Rights and freedoms guaranteed by the European Convention on Human Rights. The new law does three simple things:
It makes it unlawful for a public authority, like a government department, local authority or the police, to breach the Convention rights, unless, because of an Act of Parliament, it has no choice.
It says that all UK legislation should be given a meaning that fits with the Convention rights, if that’s possible. If a court says it’s not possible, it will be up to Parliament to decide what to do.
It means that cases can be dealt with in a UK Court or tribunal. Until this law, anyone who felt that their rights had been breached had to go to the European Court of Human Rights in Strasbourg.

The biggest problem when writing a blog is to start getting too obsessed with how many people are reading it. This trap I have already fallen into. No sooner have I grabbed my first mug of coffee in the morning, then I am racing off to my computer to see how many hits I’ve had on the blog overnight. Just like in the world of television, you are then tempted to chase ratings. And what is the number one way to get ratings? Unfortunately its not to discuss equality or discrimination but to write about Sex.

Sex is something that is now discussed and debated ad nauseum. Even my mother discusses it with me - which is frankly wrong, but that’s enough story.

However there is still a real taboo surrounding sex and disabled people. Some people feel we shouldn’t do it. Some people even think we shouldn’t think about it. And a lot of people think that we should definitely not be doing it with non-disabled people.

Unfortunately this is actually making some Disabled people think that sex is ‘dirty’ or ‘disgusting’ and they do not feel able or supported to express their sexuality. A few weeks ago I watched a programme on Channel 4 about a dating agency specifically for people with learning difficulties. Before watching the program, I was not entirely happy with the concept, however the program convinced me that the agency was fulfilling an important role. The agency was set up and run by two women with learning difficulties who had found dating a minefield. The programme illustrated very well how family and ‘care staff’ needed to feel comfortable with the relationship in order for it to work. My favourite part was when one of the couples featured, felt they had to go and ask the chaperone from the agency whether they were allowed to kiss goodnight.

Another dating website I ventured upon whilst researching this blog, is called Whispers4u. They seem to be hedging their bets with their terminology as the site uses ‘differently-abled’, ’disabled’, ’people with disabilities’ even ‘handicapped’. Now purely for research you understand, I decided to join this website and although the target audience is obviously disabled people, I was surprised how many non-disabled people were on there and seem geninuely interested in chatting. Most of the people I spoke to, either already have close disabled friends or family members or they had worked with disabled people in the past. (Anyway, I got a date out of it so I’ll let you know how it goes - then again maybe i won’t).

Disabled People may need support to explore their sexuality and this may be even more important if you are a Disabled Gay Man or a Disabled Lesbian. Regard is a national organisation based in London to support Disabled People who are Lesbian, Gay, Bisexual, or Transgender. Unfortunately, due to funding cuts, they have slimmed down in recent years, however they are still a good source of information and support.

SCIL currently have 12 basic rights which we feel are necessary in order for Disabled People to fully participate on an equal basis within society. We are now considering whether to add a 13th basic right to cover relationships and sex. Your comments are always welcome.