Personswith disabilities
include those who have long-term sensory impairments which in
interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others.
Discrimination
on the basis of disability means any distinction, exclusion or restriction on the basis of
disability which has the purpose or
effect of
impairing or nullifying the recognition, enjoyment or exercise, on an equal
basis with others, of all human rights and fundamental freedoms in the
political,
economic, social, cultural, civil or any other field. It includes all forms of
discrimination, including denial of reasonable accommodation.
Reasonableaccommodation means
necessary and appropriate modification and adjustments not imposing a
disproportionate or undue burden, where needed in a particular case, to ensure
persons with disabilities the enjoyment or exercise on an equal basis with
others.
The
three basic criteria must all be met if a person is to be covered under the SA
legislation
A person
must have an impairment. An impairment may either be physical or mental
or a combination of both. A physical impairment means a partial or total
loss of a bodily function or part of the body. It includes sensory
impairments such as being deaf, hearing impaired or visually
impaired. Secondly, the impairment must also be long-term or recurring.
Thirdly, the impairment must be substantially limiting.
In practice
deafness may be only a physical characteristic or it can signify
both a physical condition with a social/cultural perspective. Hearingimpairment can run the full scale from slight loss to profound. The main
characteristic that separates a hearing impaired person/post-lingual deaf
person from the pre-lingual deaf person, is whether they relate
primarily to the “hearing world” or to the “deaf world”. Persons who relate
with the deaf world belong to a community who uses a signed language and the person is
considered Deaf. This group does not align itself with the words “impairment”
and “disability”.
The freedom
of choice and freedom of association with a particular group is
promoted by the UN Convention on the Rights of Persons with Disabilities and is
protected by the SA Constitution.
Resources:
UN
Convention on the Rights of Persons with Disabilities – Articles 1 & 2
The SA
Constitution/Employment Equity Act/Code of Good practise and Technical
Assistance Guidelines on the Employment of Persons with Disabilities – Chapters
5 & 6
The
Americans Disability Act – Deafness and hearing impairment under the ADA
SARS – Tax
and disability
Department
Social Development – Disability Grants
