13/01/2024
Silent Struggles: Exploring Disparities for the Deaf in the UK and Legal Perspectives on Equality. (5-minute read. Please scroll).
Introduction: Deaf-Discrimination is defined as prejudice against individuals based on their level of hearing. Unconscious bias affects the decision making of ‘hearing people’ unless they receive training in this area and this manifests itself as discrimination against the Deaf community, impacting their daily lives and perpetuating social inequality
Culturally Deaf people do not consider themselves to be disabled. Their belief is that they are a naturally occurring variety of human-being that communicates using a different language. For a Culturally Deaf person, being Deaf is not a medical condition but a defining aspect of their identity, tied to a rich cultural heritage and a unique way of life. It is rooted in the concept of Deaf culture - a distinct cultural and linguistic community where sign language is not seen as a substitute for spoken language but as a complete and expressive language with its own grammar and syntax. It is not just a means of communication but a cultural marker that binds individuals within the Deaf community.
Culturally Deaf individuals share cultural norms and values, a common set of experiences related to living in a ‘hearing world’ and ownership of a shared history passed from parent-to-child of historical oppression and abuse. There is a sense of pride in being Deaf and an appreciation for the unique aspects of Deaf culture. Culturally Deaf individuals reject the notion that Deafness needs to be "fixed" or "cured" and instead celebrate their identity.
Discrimination and the Impact on the Deaf Community: Deaf individuals face various challenges, including limited access to education in their own language, employment, and healthcare, resulting in social isolation and reduced opportunities for personal and professional growth. Deaf-Discrimination perpetuates stereotypes, creating an environment where Deaf individuals are marginalized and excluded from mainstream society.
Employment Discrimination: One area where Deaf-Discrimination is particularly prevalent is in the workplace. Deaf individuals encounter discriminatory practices from start to finish. Accessing job adverts in BSL, attending interviews without interpreters, STTR or lip-speakers, not having interpreted access to crucial documents such as ‘terms and conditions’ or grievance policies – all of which hinder their career advancement. Employers may fail to provide reasonable adjustments such as sign language interpreters or visual aids, and don’t train hearing staff how to interact respectfully with Deaf colleagues, contributing to a hostile work environment. This discrimination not only affects the individual but also deprives society of diverse perspectives and talents.
Legal Ramifications: Legislation to protect D/deaf people from discrimination exists as UK law, International law and case law with additional regulation in areas such as the NHS. The Equality Act 2010 and its predecessor, the Disability Discrimination Act 1995 serve as a comprehensive framework, ensuring that the Deaf-Community are safeguarded against discriminatory practices.
However the legal profession in the UK is woefully undertrained in this area and the majority have little or no understanding of the Cultural Minority status of the Deaf. This results in case law being brought only in the area of ‘discrimination’ which is offensive to those identifying as Culturally Deaf.
A Few Case Law Examples:
Mr C. Thatcher v. Premiere Care (2021)
Lisa Coffey v. Police Constable of Norfolk (2019)
Elliott v. Dorset Police (2019)
Hinton v. University of East Anglia (2019)
Brighton and Sussex Hospital NHS Trust v. Croydon (2017)
Davies v. Chief Constable of Merseyside Police (2016)
Martin v. London Borough of Croydon (2015)
Clark v. Chief Constable of Gwent Police (2014)
(EHRC) Investigation (2013)
Kelly v. Royal Mail Group (2013)
Gill v. Greater Manchester Police (2012)
O'Neill v. Buckinghamshire County Council (2011)
BCODP v. Secretary of State for Work and Pensions (2010)
Dixon v. British Telecommunications plc (2009)
Griffiths v. Secretary of State for Work and Pensions (2008)
RNID v. Commissioner of Police for the Metropolis (2008)
Munir v. Pinnacle Recruitment and Training Ltd (2005)
Conclusion: Deaf discrimination is a major problem in the UK, impacting the lives of Deaf individuals across all aspects of society. Legal frameworks such as the Equality Act 2010 should provide an avenue for protection, but the law, a supposed ally, often feels like a distant echo to the Deaf-Community. Lawyers and courts may as well be a foreign land as they have no understanding of Cultural Identity.
As it stands, unless culturally Deaf people are prepared to ‘submit’ to the unwanted label that the hearing world places upon them ‘that they are disabled’ they cannot fight for equality. They have no right to even be educated in their own [British] language.
It is crucial to continue raising awareness, promoting inclusivity, and working towards a society that values and respects the rights of the Deaf-Community. The English Legal System needs to understand what Deaf culture is, be prepared to bring cases for linguicide, language deprivation and minority cultural discrimination as well as taking steps to promote and protect those who are lower case ‘d’ deaf who are content to be described as disabled.
To access a free training webinar on Deaf-Discrimination, find us online: www.deafandequal.com