Battle for disabled far from won

The Disability Rights Commission has crusaded for comprehensive civil rights but, argues David Merkel, a system of equality remains an objectiveThe Disability Discrimination Act...The Disability Rights Commission has crusaded for comprehensive civil rights but, argues David Merkel, a system of equality remains an objectiveThe Disability Discrimination Act 1995 has been in force since December 1996 but where are we now in terms of the civil rights of disabled people? When the government came into power in 1997, it recognised the limitations of the DDA.

So, the disability rights taskforce was established to look at ways of strengthening the rights of disabled people.

In 1999, the taskforce published its excellent report From Exclusion to Inclusion.

In the report, the taskforce considered issues affecting the lives of disabled people.

It made recommendations to achieve comprehensive and enforceable civil rights for disabled people.In addition, the taskforce advised on establishing the Disability Rights Commission (DRC), which would operate as a sister organisation to the Equal Opportunities Commission and the Commission for Racial Equality.

The DRC was launched in April 2000 and is still in its infancy.

Nevertheless, it has achieved much in 10 months, including carrying out three consultations, establishing a telephone helpline, launching a major campaign called Actions Speak Louder than Words, conducting research, and supporting high-profile legal cases.

However, the DRC can only support cases under the legislation and given that it is imperfect there are obvious limitations to what it, and others, can do.

There are huge gaps in the law as it stands, such as the exclusion of transport and education from the DDA.

The latter has been partly addressed by the Disability Rights in Education Bill, which was announced in the Queens Speech in December.

However, the lack of an accessible and integrated transport system remains a barrier for many disabled people.

To try to address these and other issues, the DRC has stated its commitment to drive forward all 150 recommendations contained in From Exclusion to Inclusion.

The report remains an authoritative document.

Disabled people have campaigned for years for comprehensive civil rights and a commission to enforce these.

There are 8.5 million disabled people in Britain, and of the total potential workforce, disabled people are seven times more likely to be unemployed than those who are abled.

Stereotypes are still prevalent, with the common perception being that only those people with visible and sensory impairments are protected by the DDA, while those with less obvious disabilities are not.

The legal rights of disabled people have, of course, improved over the last four years.

In relation to the employment provisions contained in part II of the DDA, the government has agreed to implement an EU Directive making all discrimination in employment unlawful.

This will mean that the small employers exemption to the DDA will be removed.

In terms of the provision of goods, services and facilities, from October 2004 the duties will be extended to overcoming physical features of a building where those features make it impossible or unreasonably difficult for a disabled person to access the facility.

This will, of course, apply to solicitors firms and advice centres as service providers.

Significant steps have been taken, but we still have a long way to go to achieve the goal of comprehensive civil rights for disabled people, and, to quote the DRCs vision statement: a society where all disabled people can participate fully as equal citizens.

David Merkel is the chairman of the Group for Solicitors with Disabilities