Definition
Disability refers to someone who has a physical, sensory or learning impairment which is long term and has an adverse affect on their ability to carry out normal day to day activities. This also includes people with progressive or degenerative illnesses such as cancer, HIV and MS.
Under the Equality Act 2010, a person is protected under the act from the point of diagnosis. The Equality Act 2010 also creates a duty to make reasonable adjustments for disabled persons where they would be at a substantial disadvantage if the adjustments were not made. This includes making adjustments to criterion, requirements and practices, as well as physical features of buildings. This is to ensure that inclusion of people with a disability is promoted.
Discrimination arising from a disability means that a person is treated less favorably because of something arising in consequence of their disability. There is no discrimination, though, if it can be shown that the person discriminating did not know and could not reasonably have been expected to know of the other person’s disability. Direct and indirect discrimination is unlawful, as is harassment.
A person is protected under the Act even if they are wrongly perceived as disabled, or are associated with someone who is, such as carers. This means there is a consideration of the perception of disability, not just its actual existence.
The broader picture
In Scotland a third of all households contain at least one person with a disability. Half of them have an annual income of less than £15,000, and people with a disability are twice as likely to live in poverty. The prevalence of disability increases with every age group, with half of over 60s reporting having a disability.
Around 300 people are prosecuted every year in England and Wales for disability hate crimes, with half involving violence. Three quarters of completed cases result in a conviction. The Scottish Parliament legislation which protects people with a disability from hate crimes came into force in 2010 and brought Scotland into line with the UK.
The Equality and Human Rights Commission have recently released a report entitled Hidden in Plain Sight their final report on the enquiry into disability related hate crime. A specific report for Scotland has also been published.
Sport
Data from the 2009 Scottish Household Survey is outlined in the table below* This shows participation in any sport excluding walking in the last four weeks, and then any sport including walking for people with, or without a disability.
Participation in sport in the last four weeks – with and without a disability
|
Any sport (excluding walking) |
Any sport (including walking) |
|
With a disability |
25% |
43% |
|
Without a disability |
57% |
79% |
|
All |
50% |
72% |
*This analysis was completed by the Scottish Household Survey team for sportscotland.
25% of people with a disability participated in sport in the last four weeks, compared to 57% without a disability. When walking is included, people with a disability are still only half as likely to participate in sport compared to people without a disability.
sportscotland believes that all people, regardless of disability, should have the opportunity to participate in sport. sportscotland is committed to fulfilling its duty under the Equality Act 2010 to advance equality of opportunity regardless of disability.
Additional resources