5 December 2005 - New laws today free thousands from discrimination
New rights today extend legal protection to thousands more people against discrimination.
Some quarter of a million more people now have protection under disability discrimination laws, effectively from the point they are diagnosed with cancer, multiple sclerosis or HIV, freeing them from pre-symptomatic discrimination.
John Hutton, Secretary of State for Work and Pensions, heralded today’s new duties under the Disability Discrimination Act (DDA) 2005.
‘’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.’’
In addition, people with mental illness will, from today, no longer have to prove their condition is clinically well-recognised to be afforded their rights under the DDA.
Anne McGuire, Minister for Disabled People, 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.’’
Other new duties today will make it unlawful for local authorities and private clubs to treat their disabled members less favourably. Other duties next December will require all public bodies in Britain to lead by example and integrate disabled people in their policy-making from the outset as well as promote ‘equality of opportunity’ for disabled people. This is similar to existing duties under race legislation and will be an important driver to achieve equality for millions of disabled people.
Notes to editors:
- The Disability Discrimination Act (DDA) 2005 extended the scope of the DDA 1995. Some duties come into force on Monday 5 December, which include:
- 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.
- End the requirement that a mental illness must be "clinically well-recognised" before it can be regarded as an impairment under the DDA 1995.
- Make it unlawful for private clubs with 25 or more members, local authorities and the Greater London Authority to treat disabled members less favourably.
- A key aspect the DDA 2005 is a new duty on public bodies – from local authorities, healthcare to education providers – to 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; and encourage disabled people to take part in public life. This comes into force in December 2006.
- The DDA generally defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.
- Saturday 3rd December 2005 was the International Day for Disabled People
- The Office for Disability Issues (ODI) was launched on Thursday (1 December) to provide a cross government focus to deliver its ambitious strategy to improve life chances for disabled people in a generation.
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