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5 December 2005 - New DDA Extension Now in
Force
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The extension to the Disability Discrimination Act 1995, now
included in the Disability Discrimination Act 2005, has today, 5 December
2005, become enforceable, protecting thousands more people with discrimination
rights.
In the past, from the point of diagnosis, people with such
illnesses as HIV, cancer, multiple sclerosis or mental illnesses, if
discriminated due to their illness, had no recourse, or as in the case of mental
illness, had to prove their condition to be "clinically well recognised."
The new DDA 2005, now holds new duties such as the following:
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Extend the DDA 1995 to protect, effectively from the point of
diagnosis, people with HIV infection, cancer or multiple sclerosis. Around
250,000 more people with multiple sclerosis, cancer and MS are estimated to be
covered by the change in the definition effectively from the point of diagnosis.
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End the requirement that a mental illness must be "clinically
well-recognised" before it can be regarded as an impairment under the DDA 1995.
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Make it unlawful for private clubs with 25 or more members,
local authorities and the Greater London Authority to treat disabled members
less favourably.
Other aspects of the DDA 2005, due to come into force in December 2006, is
the new duty on public bodies, such as local authorities, education providers
and healthcare providers and will include the following:
- Promote equality of opportunity for disabled people, similar to the 'duty
to promote' under the Race Relations Act.
- Public authorities need to have 'due regard' to the need to eliminate
discrimination against and harassment of disabled people.
- Promote equality of opportunity for disabled people.
- Promote positive attitudes to disabled people.
- Encourage disabled people to take part in public life.
John Hutton, Secretary of State for Work and Pensions, commenting on the new
DDA (2005), said:
"Tackling inequality is right at the heart of the Government's social
agenda. I'm delighted to announce that today we are delivering on our
commitment to extend and strengthen disability rights to protect people from
discrimination.
"We have worked closely with disability organisations and across Government to
bring about change in legislation to break down social and institutional
barriers so people can enjoy fuller, enforceable rights. This is an important
step in the Government's ongoing commitment to end discrimination. Next year
we will bring in a new duty on the public sector so disabled people are
central to the policy making process across local and central government."
Anne McGuire, Minister for Disabled People, also said:
"These new laws today will benefit many thousands more people who will
no longer have to tolerate discrimination without legal recourse. People with
HIV, multiple sclerosis and cancer won't have to put up with discrimination
effectively from the point of diagnosis.
"In addition, people with mental illness will avoid the unnecessary burden of
being required to prove their condition is clinically well-recognised to get
redress against discrimination. This is an important day as the Government
continues to deliver equality for all its citizens."
Further information can be accessed from the Disability Rights Commission
Webpage by clicking the following:
The Disability Rights Commission
Article by Alexandra Johnston
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