Media & Disability
Guide on media & disability
Law on Disability
All European countries now have their own laws on disability. Although these laws are based on the EC legislation, they may differ somewhat in what they cover. In the UK for example, the Disability Discrimination Act covers employment, physical access, goods and services, training and education. However there is also additional legislation, the Communications Act 2003, which controls broadcasting. This includes requirements for making access to services for disabled people (for example, making provision for certain percentages of programmes to be sub-titled or audio-described). Both acts are enforced by two separate organisations – the Disability Rights Commission (DRC) and the Government Office of Communications (Ofcom). Obviously if legislation is not enforced it has limited effect.
The EC Legislation
In 2000 the European Community (EC) enacted two laws (or in EC terminology, Directives) that prevent people in the European Union from being discriminated against on grounds of race and ethnic origin (in short: Racial Equality Directive), and on grounds of religion or belief, disability, age or sexual orientation (in short: Employment Framework Directive). The two Directives define a set of principles that offer everyone in the EU citizens a common minimum level of legal protection against discrimination.
They follow directly from Article 13 of the Treaty establishing the EC and were unanimously agreed by the EU governments within 18 months of the Treaty of Amsterdam entering into force in May 1999. All EU Member States were due to have transposed the Directives into national laws by the end of 2003. However, this process has not been uniformly applied in the EU countries. For those that did not meet the deadlines for compliance, and had not requested an extension period, the European Community has now initiated infringement procedures to ensure that transposition occurs.
Employment and occupation are key elements in guaranteeing equal opportunities for all. They contribute strongly to the full participation of citizens in economic, cultural and social life, and to realising their potential. For nearly 50 years, the European Member States have worked towards achieving a high level of employment and social protection, increased standards in living and quality of life, economic and social cohesion and solidarity. They have also endeavoured to create an area of freedom, security and justice. Discrimination can seriously undermine these achievements, and damage social integration in the labour force and at large.
Concerning disability, the European Union has recently adopted a strategy whose purpose is to mainstream disability issues into relevant Community policies and develop concrete actions in crucial areas to enhance the integration of people with disabilities.
In deciding on an EU Anti-discrimination directive in November 2000 the Member States undertook (if they had not already done so) to prohibit discrimination of people with disabilities and others on the labour market and in the workplace and in vocational training. Reasonable accommodation - fitting - of the workplaces to the needs of people who have disabilities is one of major changes in this legislation.
Reasonable Adjustments for Disabled People
The EC legislation refers to “reasonable accommodation” or (“fitting”). Throughout this guide we prefer to use the term “reasonable adjustments”.
The concept of reasonable adjustments means those steps which you might need to take to ensure that the impact of a disabled person’s disability or impairment is minimised. You need to consider making reasonable adjustments for disabled job applicants, new employees, employees who become disabled and for people whom you invite to your studios as either performers, programme contributors or audiences. You also need to consider what adjustments you might need to make to your programmes and supporting materials.
Adjustments include:
- Changes to practices, policies or procedures, for example, the hours of work
- The provision of reasonable auxiliary aids, for example, a text-phone, or information in an alternative format, to enable disabled people to work or to use a service
- The provision of services and the use of procedures that involve an alternative method of overcoming a physical barrier of some kind, for example, changing a door to a make it easier for a wheelchair user, or fitting visual fire alarms for hearing impaired people
When determining what is “reasonable” the following can be taken into consideration:
- How effective the proposed/requested adjustment would be
- How practicable the adjustment is
- The extent of the disruption caused by making the adjustment
- The time, effort and cost involved
- The availability of grants or other assistance.
There is no definitive list of adjustments because they need to be tailored to the individual’s needs and the specific circumstances.
For further details on EU Law see:
http://europa.eu.int/comm/employment_social/fundamental_rights/legis/legln_en.htm
For further details on UN Conventions see:
http://www.un.org/esa/socdev/enable/index.html