Shift from Medical to Social Model of Disability Law: A Critical Discussion

Question

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY ..................................................................................................................................1
Theoretically, disability law has experienced a shift from the medical model to a social
approach, based on non-discrimination and equality in society. Critically discus.................1
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
BIBLIOGRAPHY............................................................................................................................8

INTRODUCTION
Disability is considered as a problem that exists in human body and requires medical care. The
medical model of disability helps to made distinction between body impairment and disability.
The common problem with medical model made disabled person feels excluded, undervalued
and treated as socially incapacitated. In response to medical model of disability, it underlying the
factors that ensure segregation and discrimination of disabled people. The social model is
introduced to transform the society's attitude towards disabled people to avoid discrimination in
the society. The Equality Act of 2010 provides the legal framework to allow respecting of human
rights and remove the barriers that hinder in effective participation of disabled people in society.
A human right approach implies disabled person to participate in all spheres of society1. This
report will examine the concept of disability law, its application in Internation Conventions and
its affects on disabled person from discrimination in the society.
MAIN BODY
Theoretically, disability law has experienced a shift from the medical model to a social
approach, based on non-discrimination and equality in society. Critically discus
The social model of disability represents socially oppressed disabled person . The medical model
and human rights model has greater influence in monitoring the International Convention on
Right of Persons with Disabilities to protect them from any kind of discrimination. It provides
various kinds of models includes social model, economic model , minority model etc. Exclusion
of disabled person is a serious issue that have a dangerous impact on human rights. The medical
model of disability tries to overcome by the CRPD in regards to disability as an impairment can
be cured, treated and protected. Disability is derive from the disease caused in normal heath
issues. A human right model challenges in implementing the CRPD. The aim of introducing
these convention to enforce the human rights treaty to transform society and their behaviour
towards disabled person2. The provision enshrined under the CRPD deals with the theory and
jurisprudence of equality law and equal protection of law under Article 12 and right to
1 Beaupert, Fleur, Linda Steele and Piers Gooding, "Introduction To Disability, Rights
And Law Reform In Australia: Pushing Beyond Legal Futures" (2018) 35(2) Law in
Context. A Socio-legal Journal
2 Johnston, Dorothy Mary, "CULTURAL COMPETENCE TRAINING IN SYDNEY
LOCAL HEALTH DISTRICT AUSTRALIA" (2017) 07(02) Primary Health Care
Open Access
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independently in the community under Article 19. It enforces the compulsory obligation on
member state to frame laws and policies to profound changes in disability law. The social model
is based on the moral principle to promote the security of human rights as it is their inherent
right. Also, the International Bill of Human Rights laid down certain principles to secure the
rights of the disabled person. Human rights are also known as fundamental rights that are avail
by birth and are universal in nature . Every human being are subjected to protect under human
right no matter what are their social status , identity and origin , most important things is
humanity. However, the social model favours anti discrimination policy of civil right reforms to
provide more comprehensive form of human rights in many countries 3.The anti discrimination
legislation is introduced to avoid the consequences of inequality and indiscrimination. Thus, anti
discrimination legislation is required for the welfare of the disabled person.
 There are wide range of challenges that a disabled people can face. Taking note of this
challenges facing by disables people in the United Kingdom4. The list of challenges and
problems faced by disabled people over the years prepared by many committee reports
and briefing and identified areas where disabled people do not have access to their basic
rights such as housing , employment support and allowance, education,, transport ,
disability living allowance , income support, incapacity benefit, health benefits and may
more. This reports aims to cover legal framework in order to decide and govern rights of
disabled people in the united kingdom as well as UN Convention on the rights of people
with disabilities.
 Based on reports published on the rights of people with disabilities by UN committee
when compared with UK's provisions for disabled people reflected serious concern that
there exist several challenges for disabled people and requires adequate protection and
support to disabled people,with this UK ratified the UN convention on the rights of the
people. However the government disagree with the committee's findings and observations
and stated that there was more that could be done in order to help concern disabled
people.
3 Wool, Jeffrey and Andrej Jonovic, "The Relationship Between Transnational
Commercial Law Treaties And National Law – A Framework As Applied To The Cape
Town Convention" (2013) 2013(1) Cape Town Convention Journal
4 Curtis, Ashlee, Keith McVilly and Andrew Day, "Looking For A Needle In The
Haystack: Arsonists With Intellectual Disability In Australia" (2014) 22(3) Psychiatry,
Psychology and Law
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