What does being disabled mean?
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The law describes a person with a disability as having:
"A physical or mental impairment which has a substantial and
long term adverse effect upon their ability to carry out normal
day to day activities."
An impairment is the specific part of the body or brain that doesn't
function fully.
In other words, a disabled person is someone who finds it difficult
to do everyday things because of an impairment.
Although this may all sound complicated, disabled people mostly
don't think about their impairments because jobs, school, meeting
friends, getting high scores on their computer games etc is at the
front of their minds, just like anyone else.
Some examples of disabilities include:
· Impairments that affect movement e.g. in your arms or legs.
· Impairments that affect the senses e.g. being blind or
deaf.
· Mental illnesses or learning disabilities.
· Severe disfigurements e.g. scars, birthmarks and skin diseases.
· Conditions where the disability is likely to get worse
over time e.g. cancer, HIV, multiple sclerosis and muscular dystrophy.
What rights do disabled people have?
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Disabled people can sometimes find themselves being treated differently
from others in an unfair way, or discriminated against.
In order to prevent this, there are laws in place to ensure everyone
has the same opportunities.
These laws protect disabled people from unfair treatment at work,
on transport, on holiday and in public places such as shops and
cinemas.
For example it would be illegal for a taxi driver to charge a blind
person extra money for taking his or her guide dog.
By law, employers are not allowed to treat disabled employees less
favourably because of their disability. Also they must make 'reasonable'
adjustments to help them with their work.
This might mean altering computer equipment, installing a ramp or
widening a door to make access easier.
The Disabled Person and Abuse
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Each year, thousands of disabled individuals become victims of intentional
neglect, sexual abuse and physical violence. Generally, people with
disabilities are the most vulnerable people in our society. Many
are abused, exploited or neglected.
Abuse is defined as: Any treatment of the disabled adult or child
that places life, health or welfare in jeopardy or which is likely
to result in impairment of health. Any conduct committed with an
intent or reckless disregard that such conduct is likely to cause
unnecessary harm, unnecessary pain or unnecessary suffering to a
disabled adult or child. Confinement, or unnecessary restraint of
a disabled adult or child. Any sexual activity with a disabled adult
or child by a caregiver, either while providing a service for which
he or she receives financial compensation, or at a care giving facility
or program. Any pattern of malicious behavior that results in impaired
emotional well being of a disabled adult or child.
Exploitation is defined as: Willfully using, withholding, or disposing
of funds or property of a disabled adult or child without legal
authority for the wrongful profit or advantage of another. Acquiring
possession or control of or an interest in funds or property of
a disabled adult or child through the use of undue influence, harassment,
duress, or fraud. The act of forcing or compelling a disabled adult
or child against his or her will to perform services for the profit
or advantage of another. Any sexual activity with a disabled
adult or child when they don't consent or when the actor knows or
should know that the disabled adult or child is incapable of resisting
or declining consent to the sexual activity due to disability or
to fear of retribution or hardship.
Neglect is defined to the lack of subsistence; medical or other
care necessary for well being. (The above definitions were created
by Kayjay).
In this authors opinion, there are three different groups of disabled
individuals that need to be identified: Men, women and children.
Men and women can not be categorized simply as adults because of
the obvious sexual differences. The third group is the disabled
children.
One thing that joins all of us disabled together is the general
public's perception of us. The disabled person is looked
at as different from the normal person. There is a stigma that goes
along with being disabled. The general public is afraid of
us. I believe that they fear that they will become like us and that
scares them to death. According to Ms. Chenoweth of Griffith University
in Australia. "There remains a deeply held belief that people
with disabilities are somehow less equal than others and that they
do not have the same degree of human rights."
That is a very powerful statement. Disabled people do not have the
same degree of human rights. There has to be specific laws implemented
so that our basic human rights can be guaranteed. How many times
has each of us felt funny in public because people avoided us? How
about the people who pull their children to the side to avoid us
while whispering something into their ear? I don't know about you
but that hurts. We all feel it. There are many different statistics
that I can give you about the abuse given to disabled people but
I won't bore you with that.
Lets talk about the disabled child first. What makes them a higher
risk for child abuse? Remember being disabled in and of itself does
not cause abuse. They are at risk of abuse given the following:
Theses children are less able to defend themselves physically. Some
can not articulate the fact that they have been abused. Children
are unable to differentiate between appropriate and inappropriate
physical contact, whether it is violent or sexual. They are more
dependent on others for assistance or care and, therefore, more
trusting, since dependency and trust often translate into compliance
and passivity. They are reluctant to report instances of abuse for
fear of losing vital linkage to major care providers. They are considered
less credible than the non-disabled child, when and if they report
abuse. This was taken from Child Abuse and the Disabled Child. Digest
#446. Author: Zantal-Wiener, Kathy.
The types of abuse that the disabled child can sustain are physical,
sexual and emotional. When you stop and think about it, any child
can have the same problem. The issue here is that it is more prevalent
for the disabled child because he /she is an easy target. The caregiver
may get their kicks from hurting little children. The child may
exasperate the caregiver. He/she may hurt them or he/she may play
silly mind games and frustrate the child. Finally, the caregiver
may sexually abuse the child.
What do you look for to determine if the child is being abused?
Physical abuse can be pretty obvious if you are paying attention.
If your child has sustained an injury while under the care of someone
else, make sure that injury and the story match up. If you have
any doubts, then check with your doctor. Also, look for black and
blues all over your child's body not just on the obvious areas.
Also, look for burn marks or anything abnormal.
Emotional abuse is a little harder to detect. You need to note the
behavior of your child and determine if there have been any changes
since they started with this caregiver. Is the child more withdrawn
than usual? Is the child more agitated than usual? Are they repeating
things to themselves? You know your child. Basically, are they acting
different?
A child who has been sexually abused is usually much more aware
of their sexuality. You may find your young child playing with there
private parts. Given their age, this more than likely is inappropriate.
Stimulating their private parts may become a focus of the child
being sexually abused. Also, their self- esteem may start to deteriorate.
Your best weapon against this being a parent is to be aware.
What can you do to prevent this from happening to your child? If
at all possible, you need to communicate to your child prior to
placing them into a new setting as to what is and what isn't appropriate.
Thoroughly check out the facility and or individual caregiver for
prior abuse. Make sure that they have the appropriate state certifications.
Make sure that the caregiver that you have chosen has first hand
experience taking care of children with your child's specific disability.
Get references from the potential caregiver and check each one out.
Don't just assume that because the caregiver has given you references
that it is enough. Once the child is placed with a caregiver, drop
in occasionally unannounced to observe. Also meet with the caregiver
and your child together at least once per month for a couple of
minutes and pay attention to how your child interacts with him/her.
If you have any reservations then remove your child from that caregiver.
Finally, pray for your child's well being.
"Abuse issues, are rated the number one priority by women with
disabilities according to the American Delphi survey conducted by
Berkeley Planning Associates in a 1995-6 survey. This indicates
that the disabled women themselves recognize abuse, especially caretaker
abuse, as a high priority issue that gets little attention from
most service providers and policy makers. They share with their
non-disabled counterparts the fact that their intimate partners
may physically, emotionally or verbally abuse them. However, they
are subject to abuses that non-disabled women don't have to worry
about such as the denial of medication, withholding attendant services,
or denying access to assistive devices." The above paragraph
was taken from Disabled Women Rank Abuse Number One Issue created
by Kayjay.
Disabled women like children are very susceptible to abuse. Statistics
show that disabled women are abused almost twice as much as non-disabled
women. That is astounding! Most people have an inborn tendency to
protect children. Women on the other hand for the most part are
perceived as weak. Disabled women are perceived as even weaker.
Therefore, they are easy to lash out at and take advantage of. A
disabled women who is mentally challenged is like a child and can
not discern what is or isn't an appropriate touch by a male attendant.
She also can not communicate what is happening to her. Caregivers
have been known to intimidate disabled women into performing sexual
acts as well as abuse them in other ways.
Abusive caretakers may be parents or other family members, paid
staff at a medical or in house living facility or even spouses.
Obviously, the more intimate the caregiver is to the disabled woman,
the more difficult it is to stop the abuse. Again, if the caregiver
is a hired individual, then credentials and references should be
thoroughly checked. Also, impromptu visits by a loved one should
occur on a regular basis to ensure proper care. However, if the
abusive caregiver is intimate with the disabled woman such as their
spouse or child, then it can be very difficult for the individual
to speak up. The reasons being that separation from that intimate
caregiver may be life threatening, at least at some point there
was a loving relationship between the two. In a situation with an
intimate caregiver, the only hope for the disabled woman is close
trusting communication with another intimate family member.
Disabled men are abused also, they experience the same kind of abuse
that disabled children and women do except for the most part sexual
abuse. Out of the group of three, men are the least likely to be
felt sorry for. A disabled man living in a facility who is arrogant
and obnoxious is an easy target for attendant abuse. Also, a caregiver
with low self-esteem may feel a power in abusing a disabled man.
Here again, these facilities need to be thoroughly checked out.
Statistically, intimate caregivers are less likely to abuse a man
than a woman.
To conclude, there is nothing more despicable in this authors mind
than to prey on helpless disabled individuals. Remember that the
disabled person may be frightened over the abuse and they need the
help of a loving family member regardless of who the abuser is.
Being alert and aware is the only way that family members can help.
In my opinion, mainstream programs need to be set up for both domestic
violence and rape crisis situations that are geared specifically
for the disabled person. Identifying their special needs. Please,
be aware.