The Equal Opportunities (Persons with Disability) Act 2000 : in perspective

Abstract

Persons with disabilities have pretty much endured the same fate all around the world. The introduction of this thesis briefly outlines the phases of behaviour of societies and states towards persons with disabilities. In the first phase persons with disabilities were feared and despised. They were considered as a form of punishment sent from above for some shameful sin committed by them or by any of their parents. The second phase moved away from despise. At this stage persons with disabilities were pitied and considered as most unfortunate. They needed to be segregated from the rest of society in order to avoid discrimination and exploitation, for they were considered as unable to take care of themselves and incapable of contributing to society. In the last and most recent phase pity is replaced by respect and toleration by inclusion. Persons with disabilities are entitled to their dignity and their rights need to be asserted and enforced. The first Chapter deals with our Equal Opportunities (Persons with Disabilities) Act 2000. It gives an overview of the situation of persons with disabilities prior to the enactment of this Act, and analyses the three failed drafts of 1993, 1996 and 1998, and the failed White Paper of 1997. It also analyses in detail Act 1 of 2000. Chapter 2 looks at the Americans with Disabilities Act 1990. It skims through the history of legislation conferring rights to these people prior to the enactment of this Act and then proceeds to look into the Act with particular reference to court decisions and interpretations. In Chapter 3 this thesis looks at the Australian Disability Discrimination Act 1992. Powers of the Federal Government that led to the enactment of an Act applicable to The Equal Opportunities (Persons with Disability) Act 2000 - In Perspective. Abstract all Australian states and territories are also referred to. This Chapter analyses the Australian Act and its enforcement mechanisms. It quotes recent Federal Court jurisprudence and determinations of the Human Rights and Equal Opportunity Commission. Chapter 4 analyses the UK Disability Discrimination Act. In its introduction it looks at sources such as statutes and decisions of the House of Lords that a person with disabilities could claim protection under. It also goes back to the hurdles that the Act had to go through as a bill because of the Government's reservations and lack of enthusiasm for such enactment. Reference is also made to determinations of the Disability Rights Commission, although they have been published without names in order to protect the identity of the complainants. The Conclusion sums up a brief comparative analysis of all the four Acts. It looks at their similarities and their ultimate aim of achieving equality. All the Acts have emerged as a result of the new approach of defining disability in a broad manner. N.B. The Americans with Disabilities Act 1990, the Australian Disability Discrimination Act 1992 and the UK Disability Discrimination Act 1995 were analysed in this thesis as they have served as the basis to our Equal Opportunities (Persons With Disabilities) Act 2000.