Disability Loophole a critical analysis of the definition of Disability under the Disability Discrimination Act 1995

Abstract

The aim of this dissertation is to examine the issues concerning Section 1 of the Disability Discrimination Act 1995. When the Act was first passed in December 1995 it was considered to be a major break through in obtaining equality and protection for disabled people.

This research demonstrated how Section 1 of the Disability Discrimination Act is fundamentally flawed. The dissertation starts by considering why disabled people are socially excluded - with such examples as building design, employment issues and inaccessible transport. Using this background it looked at how the anti-discrimination law evolved and its framework developed. Moreover, the research looks at how Section 1 was developed on the medical model and how the concept of disability is gradually moving towards that of a more accessible social model. Through the use of case law it demonstrates how people with mental and physical impairment had been not gained the protection of Section 1, as previously envisaged when the Act was first passed. Furthermore, the research shows how limited the definition of disability is when considering inclusions and exclusions under the legislation.

Finally, the dissertation looks at the new amendments implemented under the Disability Discrimination Act 2005, and whether they are effective in addressing the fundamental flaws of the original Act.