Jump Into JuZtice: Accessibility & The Law - How It Saves Lives
- Admin
- 2 hours ago
- 9 min read
By Zahraa Al-Jameel
Introduction: What Is Accessibility?
According to the Cambridge dictionary, accessibility is ‘the quality of being able to be used by everyone, including people who have a disability’.
Accessibility is often perceived in a reductionist manner by society as people still assume it is only for people who have a physical disability such as wheelchair-users. However, accessibility is more than accommodating disabled people. Accessibility is for everyone regardless. This includes dietary requirements for religious people, access to healthcare services for pregnant people, transgender people, people of ethnic background due to the racial disparity in healthcare services, translation for individuals who are unable to speak English or any other language in a different country and so much more.
When we start realising and accepting that the concept surrounding accessibility is not limited to disabled people, we will advocate for disability rights more than we are doing now. Without disabled people, there will be no accessibility for everyone else and without accessibility, we won’t be able to do anything. I would not be able to type out my article on LinkedIn if it was not for disability activists fighting for accessibility.
And you would not be reading this article online through your phone or any other digital communicator if it was not for accessibility. And of course, the law surrounding it.
What Does The Law Say About Accessibility?
The law does not constantly explicitly say accessibility is the law but in many legislations regarding equal treatment amongst individuals, accessibility is heavily emphasised throughout. This means accessibility is the law. Accessibility is a human right. Accessibility is a right altogether and we should be able to fight for disability rights and other forms of human rights in general if we are going to have full accessibility for everyone. Accessibility is set out in all kinds of laws ranging from UK laws, European laws and even universal. The specific legislations mentioned in this article are Equality Act 2010, Human Rights Act 1998, European Convention on Human Rights and Universal Declaration of Human Rights.
Equality Act 2010 - Section 1(1)
'An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.'
This law immediately establishes the importance of accessibility. This one is in particular with the section regarding socio-economic inequalities. However, this section is partially in force as I am writing today.
Equality Act 2010 - Sections 20-22
This part covers the importance of providing accessibility towards disabled people in all aspects of life, including employment.
Section 20(2) and (3)
(2) The duty comprises the following three requirements.
(3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage
Subsection 3 could be in reference to a particular criteria that could place disabled people at risk of discrimination when applying for jobs as mentioned in the last article.
Examples can include but not limited to
'Effective communication skills, social skills and teamwork skills' - this can be a struggle for autistic people, Deaf people and other disabled people who struggle to communicate. This could be due to preference working individually, trauma from bullying and exclusion from groups, lack of understanding for Deaf people, etc.
'Physically active and able to life heavy weights' - this could disregard physically and chronically ill disabled people who may have muscle or bone problems.
Attendance Awards - this can place disabled pupils at a great disadvantage because the requirements of having a core attendance rate at 96% or above can seem impossible for disabled students especially those who have severe complicated issues and as aforementioned, the chronically ill individuals. It excludes them from receiving any kind of attendance award and therefore, highlights the lack of accessibility in mainstream schools.
Section 20(4)
(4) The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
This means any physical barrier that can have a significant impact on the disabled person who has a mobility aid should be removed or made adjustable. This includes providing ramps, lifts, accessible toilets, bigger workspace if they are a wheelchair user, etc. This is seen in Section 20(9) below.
(9) In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—
(a) removing the physical feature in question,
(b) altering it, or
(c) providing a reasonable means of avoiding it.
Section 20(5)
(5) The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
This is similar to the second point but this is more in reference of equipment provided to disabeld people. Examples include Braille for Blind people, interpretor for Deaf people, etc. This is linked to Daksana Rajeevan 's article about accessibility with design products.
Section 20(6)
(6) Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.
This may be the only time the law explictly mentions accessibility.
Section 21 - Failure to Comply With Duty
(1) A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.
(2) A discriminates against a disabled person if A fails to comply with that duty in relation to that person.
This section highlights how if you do not provide accessibility or accommodate a disabled person any way shape or form, you are discriminating them and contributing to institutuonal ableism.
There are so many sections within the Equality Act 2010 that demonstrates the importance of accessibility within today's world across many variations of our lives such as education, housing, tenancy, employment, everything and everywhere.
Recommended by LinkedIn
European Convention on Human Rights
Article 6 - Right to a Fair Trial
Section 3(a) - everyone charged with a criminal offence has the following minimum rights: to be informed promptly in a language which he understands and in detail of the nature and cause of the accusation against him.
In criminal courts, it is vital the offender has the accessibility in which they can understand what is going on and how they will be supported throughout their criminal trial. Translation is another form of accessibility for individuals whose first language is not English.
Human Rights Act 1998
Section 1(1)(a) The convention rights means the rights and fundamental freedoms set out in Articles 2 to 12 and 14 of the convention.
This means the HRA is complying the ECHR with it.
Universal Declaration of Human Rights
Article 21 – everyone has the right of equal access to public service in his country.
This is relevant in today's world as unfortunately, BIPOC [Black, Indigenous and People of Colour] are less likely to recieve and even treated by public services such as healthcare and the police compared to White people.
In 2021, British Medical Association conducted a study on racial disparities between BIPOC and White people accessing healthcare services and found that 85% of doctors who died from COVID-19 were from ethnic minority background. This study also highlights the link between racial disparity and socioeconomic factors as working class BIPOC individuals are less likely to receive adequate healthcare service compared to working class White individuals. This highlights the importance of how accessibility can save lives when it is needed. Accessibility in healthcare services provided by the law could lead to a decrease in morality rate amongst BIPOC individuals.
As for police, there have been recent news about how the police institution perceive Black people, Muslims and women which sets an ironic image of how the police are supposed to protect everyone. Accessibility is needed within the police force especially when dealing with high support needs disabled and BIPOC individuals.
In America, two autistic boys have been murdered by police while they were having a meltdown. Both of them were BIPOC and had high support needs. Their names were Victor Perez and Ryan Gainer. Their parents tried to explain to the police that they were autistic and had high support needs but instead of the police calming them down or providing any form of deescalation, they shot the two boys.
Compared to the UK, police often belittle autistic people when they are having a meltdown. Two examples of this was when an autistic girl was arrested because she made a comment on one of the policewomen looking like her 'lesbian nana'. Without any warning, she was arrested and the girl had a meltdown. Her parents tried informing the police she was autistic and struggles with social cues but no deescalation was provided.
Another example was of an autistic girl having a meltdown in front of a shop because it was closed. The police did not provide any technique to calm the autistic girl down and restrained her by grabbing her on the arms to prevent her from having a meltdown.
However, the main difference between them was the autistic girls were White and there are lack of data on how British Police treat BIPOC disabled people. As unfortunate as it sounds, Black people are the most targeted race to be stopped and searched even though White people commit the most crimes which make up 79% whilst Black people make up 7% of arrests.
According to a study done by the Equality Human Rights Commission, they found that the police often do not treat disabled people or any person from a marginalised background fairly.
Respondents from the mixed ethnic group experienced even higher dissatisfaction, at 58% of respondents, with many finding the police disrespectful.
Other findings include that nearly three-quarters (73%) of victims do not feel confident that reporting a crime will lead to justice. Fewer than two in five (38%) victims felt that the criminal justice system was fair, while only 27% thought it effective.
Additionally, disabled victims felt infantilised and patronised by the police as 45% of them expressed dissatisfaction of police treatment compared to 40%.
This shows how much the police (and the public service as a whole) needs to be trained and reformed on the concept surrounding accessibility. As aforementioned, it is ironic for a public service whose duties are to protect people's lives and they endanger them (especially marginalised individuals) further. This is not only dangerous but it is also illegal under the UDHR, the Equality Act 2010 and even the ECHR.
Had the police industry been informed and properly trained about how to accommodate marginalised people during distressful moments, there would be a sudden drop of complaints and a spike in people trusting public services again. This is another way of how accessibility saves lives.
Article 23 – everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
As mentioned in my last article regarding autistic people and accommodations, it is vital that accommodations are to be made at work for everyone regardless. Accessibility within workforces allows individuals to thrive in these places whilst earning which leads to a decrease in risk of mental health problems. Accessibility within workforces allows businesses to thrive and boost in their profits as Daksana Rajeevan mentions in her article. Accessibility allows everyone to be able to work whenever and however they are able to without worrying on being made redundant and fired because of a protected characteristic due to indirect discrimination.
Article 25 - Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Accessibility is not only a feature to be placed. It is a way of living as mentioned in Article 25 of the UDHR. Without accessibility, people can die especially individuals who are from marginalised and unfortunately stigmatised backgrounds such as disabled, Black and Brown, working class, women, queer and trans folks. This is especially relevant in today's economics and employment crisis in the UK.
Conclusion
As you have read throughout the article [no pun intended], accessibility is the law. Accessibility is everywhere for everything for everyone. From Parliamentary legislation to worldwide legislation, accessibility is compulsory in our daily lives. Without accessibility we would not be here. Accessibility saves lives. To have full accessibility, we need to fight for human rights as freedom for all is accessibility for all.
About Zahraa Al-Jameel:
Law student and content creator with a passion for autism advocacy and intersectionality, Zahraa Al-Jameel provides a safe inclusive space for everyone in her social media platform. Her advocacy includes autism and how to make autism advocacy intersectional and focuses on the marginalised autistic people that are often dismissed by whitewashed autism media. She is unafraid to call out any hypocrisy, lack of intersectionality and any form of systematic oppression and violence. She uses her voice to uplift and collaborate with marginalised autistic people alongside parents, teachers, doctors, etc. Zahraa leads with accountability, authenticity, humility and honesty.
