...Professor Riep CHN 495 13 December 2013 Discrimination toward Disabled Students in China Disabled students, anywhere in the world, arguably have faced at least some discrimination when it comes to gaining an education. Either they are assumed to be a distraction to the learning process, not able to keep up with the material, or struggle to interact socially with other students. This is a global issue, where activists for the disabled community worldwide have strived to promote equality, enabling students with any type of disability to be able to function in a mainstream school and to be fully integrated without discrimination in any way. This paper will specifically explore the situation in China, discussing in general all types of possible disabilities (physical, visual, hearing, mental, etc.). It will reveal how the Chinese government has been involved in developing the foundation for equal rights in education, how disabled students and their families are treated by the community and schools, and how effective school administrators and the community have attempted to merge both abled and disabled students into one classroom. Research clearly indicates that discrimination towards disabled students still exists in China, yet through proper training of teachers and school officials and a nation-wide effort to adapt to each other’s needs, disabled students will indeed be able to function equally in the mainstream school system. In regards to the established education system...
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...Barriers experienced with additional needs Discrimination There are 4 types of disability discrimination: direct discrimination, failure to make reasonable adjustments, disability related discrimination and victimisation. (The Equality Act, 2010) Direct discrimination Direct discrimination occurs when a disabled person is treated less favourably than someone else, who has similar circumstances and abilities or the treatment is for a reason relating to the person’s disability. Failure to make reasonable adjustments An employer, education provider or service provider has a duty to make reasonable adjustments where a provision, criterion or practice, or any physical feature of premises occupied by them, places a disabled person at a substantial disadvantage compared with people who are not disabled. Disability-related discrimination This form of discrimination refers to treatment of a disabled person that: • is unlawful because it is for a reason related to a disability; • is less favourable than the way in which others, to whom that reason doesn’t apply, are treated • the employer cannot show that the treatment is justified Victimisation Victimisation is outlawed by the DDA. It says that a person should not be treated less favourably because they have, brought legal action under the DDA (eg at an employment tribunal, or other body), or given evidence in such an action or done anything else relating to such an action, such as supporting the person taking...
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...Disabilities Act was established to restrain illegal discrimination in employment against individuals qualified to be disabled. The purpose of the law was to generally end discrimination in the place of work and to deliver equal employment chances for individuals living with disabilities or have had histories of disabilities. The act defends employees that experience physical or mental deficiency that greatly limits a key life activity. In addition to that, it protects the rights of employees with a history of disability and those that employers regard as being disabled even when in the real sense they are not. The main goal of this law is to simply eradicate discrimination against people with disabilities. Even with the existence of this law, there are still employers who have gone against the odds to discriminate against their disabled employees by failing to provide them with flexible programs and failing to assess safety hazards for those disabled individuals who need to use wheelchairs to move around. Other employers have failed to cater for medical treatment of their employees and others do not put into consideration that their impaired employees need part time work schedules as well as frequent breaks. There have been several, if not many, cases that have indicated the failure of employers to treat their disabled employees as required by the law. Several dependent companies were sued for discriminating against a disabled New Yorker living with AIDS. The lawsuit alleged that...
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...Rights of the Child is the first treaty that protected children rights. It guiding principles have a direct impact to children with disabilities. These include; non-discrimination, that these children should not be discriminated on the ground of disability, best interests of the child; under this rubric states must eradicate policy laws which do not place the best interests of the child as paramount, A child’s survival and development; that laws set must aim at ensuring development and survival of the child, and finally, Child participation, i.e. that children with disabilities or organizations representing them be consulted in matters and decisions affecting them. Article 23 of the Convention lays emphasis on the right of these children to special care and support to ensure they live full and independent lives. Most importantly the article guarantees the disabled children all the rights in the Convention. The International Covenant on Economic, Social and Cultural Rights (ICESCR) through General Comment 5 states that persons with disabilities should be guaranteed all rights under the covenant. On education, the convention provides the right to basic education as an unequivocal right and therefore should be free and compulsory. Through General Comment 13, certain standards with respect to the right of the disabled child to education are set. These include: Adaptability; that education meets emerging societal needs and those of learners of diverse social and cultural backgrounds...
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...Table of Contents Introduction 2 Research Methodology 3 AIMS AND OBJECTIVES: 3 SCOPE AND LIMITATIONS: 3 SOURCES OF DATA: 3 STYLE OF WRITING: 3 MODE OF CITATION: 3 Affirmative Action for the Disabled in the International Forum 4 General International Norms Pertaining to Persons with Disabilities 6 Specific International Measures Relating To Persons with Disabilities 7 Affirmative Action for the Disable in India 11 Rights of Persons with Disabilities Bill, 2011: A Critical Analysis 16 Bibliography 19 Statues 19 Books 19 Articles 19 Reports 20 Miscellaneous 20 Introduction According to the World Health Organization, “Disability is an umbrella term, covering impairments, activity limitations, and participation restrictions. Impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus disability is a complex phenomenon, reflecting an interaction between features of a person’s body and features of the society in which he or she lives.” Disabled people the world over experience discrimination and inequality. Many people with disabilities do not have equal access to health care, edu¬cation, and employment opportunities, do not receive the disability-related services that they require, and experience exclusion from everyday life activities. Following...
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...assignment I will be describing the effects on service users based on different types of discrimination such as indirect, direct, institutional and individual. Marginalisation Marginalisation or Social Exclusion occurs when social groups are discriminated against for example this could be because of their race, religion, age or disability. This means that entire communities of people are blocked or denied full access to various rights, resources or opportunities that are normally available to people of a different group. Disabled Children are a prime example of marginalisation in schools and social care. Many disabled children fail to reach their full potential because the often experience discrimination, exclusion and sometimes even violence. Disabled children are often perceive as ‘lacking’ and will not receive the same level of education as ‘normal’ children. Physical access to transport to join in with sports and leisure activities are limited so many disabled children are excluded from these. The support system is complicated and there are gaps in provision particularly with support of the transition between childhood to adulthood. Lastly Bullying is often accepted as inevitable when disabled children are perceived as vulnerable. Some children do however stand up to bullies and refuse to be limited by labels that are imposed upon them. Indirect Discrimination Indirect Discrimination occurs when a healthcare or care provider has a practice, policy or rule that applies to...
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...disability. It is a type of ‘reasonable adjustment’ which disabled workers are entitled under the Equality Act 2010. This factsheet tells you why disability leave is important to your branch; how to organise around it; and how to negotiate a good disability leave agreement. Disability issues have been on branch agendas for some time and employers may welcome an approach from UNISON representatives to jointly agree policies for disabled workers. The second half of this factsheet is a briefing on disability leave which you can share with your employer. A) What has disability leave got to do with my branch? One person in five of the working age population is disabled. Disabled people face such widespread discrimination that many are not even ‘out’ at work about having a disability. UNISON supports the legal right of disabled workers to equality, but this can be meaningless without the back-up of a trade union. Disability leave is also an open door for UNISON campaigners and negotiators. The Equality Act 2010 says ‘reasonable adjustments’ must be made for disabled workers, but many employers have poor or non-existent disability policies. The Equality Act is still a relatively new obligation on employers, it widens the scope of the original Disability Discrimination Act and requires public bodies to actively promote disability equality. This is an ideal time to campaign for better agreements covering disabled workers. B) How can we use disability leave to...
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...more than 100,000 charges of discrimination have charged since 2011. Supervisors, managers and co-workers at companies big and small all across the world have been discriminating against disabled people for decades. This problem did not get recognized until the ADA or Americans with Disabilities Act was passed by President George Bush in 1990. This issue is a global problem that needs to end for the safety and well being of all disabled people. What exactly does the ADA do? The ADA was an act that was passed to protect the rights of disabled people that are discriminated against for being different. The ADA stop companies from allowing people to get fired or denied a job because they are handicapped. The ADA gives disabled people a fighting chance to get the jobs that they deserve without discrimination. (The walmart mart lawsuit) An example of discrimination that went against the rule set by the ADA was on August 21, 2008 the press released that Walmart the major american company was sued for $50,000 because of the discrimination of an employee. Marcia Arney lawsuit was filed...
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...Associate Program Material Aging and Disability Worksheet Part I Identify 2 or 3 issues faced by the aging population. 1. Loss of loved ones 2. Mobility 3. Discrimination due to age Answer the following questions in 100 to 200 words each. Provide citations for all the sources you use. • What is ageism? How does ageism influence the presence of diversity in society? Ageism is prejudice against a group who is of old age and discriminated against solely based on their age. This group is usually men and women whose age is 40 or older. It has a great influence today. Society at times views older men and women as a liabilities and or incompetent to perform tasks that younger individuals can perform accordingly that is why some older people at a job are discriminated against. Sometimes they are even denied certain rights because of their age. Over the years improvements have been made in many establishments to make sure that everyone is treated equal. • What is the Age Discrimination in Employment Act (ADEA)? How does the ADEA address issues for the aging population? The Age Discrimination in Employment Act or (ADEA) forbids age discrimination against people who are over the age of 40. They established the fair treatment for those seeking employment, are already employed, disabled or those seeking any sort of compensation from being rejected or denied solely based on age. The act enabled many to pursue possible promotions or benefits from within the...
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...Nearly 40 percent of disabled students didn’t graduate from high school according to one 2013 report, it sounds like an alarming bell about lagging high school graduation rates among students with disabilities.(Michelle Diament, 2015) Disability Discrimination Act defines disability as ‘a physical or mental impairment that has a substantial and long-term adverse affect on a person’s ability to carry out normal day-to-day activities’. (Fuller, Healey, Bradley, Hall, 2004)As the definition referred to mental and physical disability, Dyslexia, unseen disabilities, multiple disabilities and other personal care support. Disability as a human right issue, children with disabilities have the right to get education without any discrimination and accordingly...
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...Disability Discrimination In The Workplace Joe Walters University of Phoenix Dr. Casey Reason May 15, 2013 Introduction The prevalence of disability discrimination in today’s workforce is an important topic in any place of employment. Surveys have been conducted that reveal nearly twenty percent of employers believe that the most significant barriers that disabled people face in finding and securing employment are inaccurate stereotypes and negative attitudes (Roessler, et al., 2007). When individuals are not employed because of some disability, it denies the disabled worker the right to earn an income to provide for their needs as well as their families and it deprives individuals of contributing to society (McCary, 2005). McCary points out that 21 million Americans with disabilities is the largest minority population in the United States. 20 years after the American with Disabilities Act was signed into law, nearly 40 percent of working-age men and women with disabilities were unemployed (2005). As a response to the high rate of unemployment, in 1990 the American with Disabilities Act was passed (ADA) (Ledvinka, 2010). This paper focuses on the importance of disabled people in the workplace, the role that legislation has played to stop discrimination, and what can be done to prevent future discrimination. Court Cases and Legal Protection In 1973 Congress passed the Vocational Rehabilitation Act to regulate issues concerning disability...
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...GUIDANCE NOTE WHAT IS INDIRECT DISCRIMINATION? Most people understand direct discrimination. Indirect discrimination occurs where the effect of certain requirements, conditions or practices imposed by an employer or education provider has an adverse impact disproportionately on one group or other. Indirect discrimination generally occurs when a rule or condition, which is applied equally to everyone, can be met by a considerably smaller proportion of people from a particular group, the rule is to their disadvantage, and it cannot be justified on other grounds. The law applies to employers and providers of education or training. Racial group means a group of people defined by their race, colour, nationality (including citizenship) ethnic or national origins. Victimisation means treating someone less favourably because they have made a complaint of discrimination (a "protected act"), or are thought to have done so; or because they have supported someone else who has made a complaint of discrimination. Vicarious liability is the legal basis whereby an institution may become legally liable for the acts of its employees or agents. This can apply even where the institution had no knowledge of the acts and where, if it had been aware, it would disapprove or have disapproved of the acts in question. Examples : • The number of people from a racial group or of one sex that can meet the job criteria is considerably smaller than the rest of the population owing...
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...Aged and Disabled Population Part I Issues the aging population face or experience is unequal treatment in employment and may face prejudice and discrimination along the way older adults share physical characteristics that distinguish them from younger people, and their cultural preferences and leisure-time activities often differ from those of the rest of society. Ageism is the prejudice and discrimination against the elderly. Ageism influences the presence of diversity in society by encouraging discrimination and hate towards the elderly in society and the workplace. Poverty can affect the elderly in many ways; there is significant variation in wealth and poverty among the nation’s older People, some individuals and couples find themselves poor in part because of fixed pensions and skyrocketing health care costs. To address these issues the elderly formed organizations such as OWL (Older Women’s League) and AARP (American Association of Retired Persons). As a result older adults in the United States are better off today financially and physically than ever before. Many of them have strong financial assets and medical care packages that will take care of almost any need. But, as we have seen, a significant segment is impoverished and faces the prospect of declining health and mounting medical bills. Two agencies that address these issues are The YMCA and Serenity Harbor Residential Care Home For The Elderly. The local YMCA gives the elderly after retirement jobs...
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...discoveries have found to clash with religious principles and ethical values. This can be related to the topic of abortion as it goes against monotheistic religious teachings. In the 21st Century it is allowed for a mother to abort a healthy child up to only 24 weeks in the UK. However, still within the UK it is permissible to abort a foetus with a disability up until the stage of birth. Many thoughts have been voiced as to what message is trying to be implied by this piece of legislation. Does this suggest that it is wrong to carry a disabled child? Or maybe it wouldn’t be wrong or classed as murder to abort a disabled child past the stage of viability even though it’s ready to be born. Or simply that the quality of the life of a disabled person is lesser than that of a healthy person. If this was the case then it could be a possibility that disabled people may not be classed as persons in society as they are not fully functioning humans. If disabled people are not human, this could easily lead to the human rights of these people being stripped away. Monotheistic religions such as Christianity teach that it is truly a sin to destroy one’s life as they believe that all life is sacred as it is given by God. Anything given by God is sacred and should try to be preserved. We are all the same in Gods eye’s and so there is no life lesser than the other, which the legislation on...
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...consultation 13 Staff forums 13 Equality training 14 Workforce monitoring 15 Do I have to monitor equality? 15 Types of information to monitor 16 How much monitoring? 16 Who to tell and why? 16 Can I ask about health or disability? 17 What you can do with the data once it has been collected 17 Privacy and confidentiality 18 Reporting 19 Recruitment information 20 Workforce information 21 2 | When you are responsible for what other people do 22 When you can be held legally responsible for someone else’s unlawful discrimination, harassment or victimisation 23 How you can reduce the risk that you will be held legally responsible 24 How you can make sure your workers and agents know how equality law applies to what they are doing 25 Using written terms of employment for employees 25 When your workers or agents may be personally liable 26 What happens if the discrimination is done by a person who is not a worker of yours or your agent 27 What happens if a person instructs someone else to do something that is against equality law 27 What happens if a person helps someone else to do something that is against equality...
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