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The Disability Act, 2005 (Ireland) Essay Sample

Following sample is written to highlight upon The Disability Act, 2005 of Ireland, the summary of related provisions of this Act, UN Convention of Human Rights, Government strategies and social policies for disabled people in Ireland.

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People with disability are equal citizens. The National Disability Authority vision is of an Irish society in which people with the disability enjoy equal rights and opportunities to participate in economic, social and cultural life have choice and control over how they live their lives and are enabled to reach their full potential.

The Communication on Status of People with disability reported in 1996 was a landmark document. Three guiding principles adopted by the commission to inform it’s work were –

  • Equality
  • Maximising participation
  • Enabling independence and choice

Legislation has been enacted to outlaw discrimination on grounds of disability in employment (Employment Equality Acts) and in the provision of goods and services (Equal Status Acts). The Irish Human Rights and Equality Commission supports the implementation of this legislation and provides guidance in that regard.

Assessment of Needs of disabled persons under The Disability Act, 2005 (Ireland) 

The Disability Act 2005 places a statutory obligation on public service providers to support access to services and facilities for people with disabilities. People with disabilities are entitled to :

Have their health and their educational needs assessed.

Have the individual service statements drawn up, setting out what services they should get.

Access to the independent complaints and appeals procedures.

Access to public buildings and public service employment.

Provides for restrictions on genetic testing for mortgage, employment and other purposes.

Ensure that the certain government departments brought out sectoral plans outlining the improvements that departments would take.

Establish a centre for excellence in Universal Design.

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The Summary of the important legal provisions in The Disability Act, 2005 (Ireland) 

Every person with a disability will be entitled to an individual assessment of individual health (personal social services) needs. Every disabled person will be entitled to educational services over the age of 18 years, where appropriate. Every disabled person will be entitled to a related service statement. It is accepted that all person with a disability will have access to complaints, appeals and the enforcement mechanisms relating to the provisions of the services. They receive regardless of service provider orientation or where entitlements are not delivered.

For disabled people, access to mainstream public services and actions to support access to public buildings, services and information are now to become a statutory right.

The Government have set out in The Disability Act 2005, that sectoral plans will be prepared and published in six key sectors. By the Ministers for Health and Children, The Social and Family Affairs, Environment, Heritage and The Local Government Communication, Marine and Natural Resources and Enterprise, Trade and Employment. The plans will set out the disability-related services and positive action measures to be implemented and will be subject of a consultation process before being finalised and submitted to the Oireachtas for approval.

The Disability Act 2005 provides for the implementation of safeguards for the use of information gained from genetic testing, to ensure that the persons affected by genetic disorders are not subjected to unreasonable needs from an employer, insurer or mortgage provider. Public bodies will now have statutory obligations to be proactive in employing people with disabilities and their compliance with those obligations will be subject to monitoring.

Provision is made within the Act for the establishment of a Centre for Excellence in Universal Design in the National Disability Authority to promote best practice in the design of the environment and products so that they are accessible and usable for everyone, especially people with disabilities.

The Broadcasting Act 2001 is to be amended in relation to the changing existing rules to facilitate access to broadcast progress by persons with sensory impairment. A provision is also made within the Act regarding the reduction in the membership of The National Disability Authority.

National Disability Strategy by the Irish Government 

The National Disability Strategy is for the promotion of equality and inclusion of people with disability with three main elements:-

Disability Legislation

Education for people with Special Needs Act 2004

Disability Act 2005

Citizen Information Act 2007

The aim of the National Disability Strategy is to underpin the participation of people with disabilities in society. In addition to legislation and sectoral plans, this contains a commitment to a multi Annual Investment Programme.

The government’s implementation plan for the National Disability Strategy sets out a framework to enable the government department. To develop policies on meeting their responsibilities under the legislation and putting in place supports for people with disability commensurate with need.

Delivery of services and supports in accordance with such rights clearly requires the allocation of resources centrally and by individual department and agencies if these goals are to be achieved.

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The United Nations Convention on the Rights of Persons with Disabilities 

The UN Convention was adopted in 2006. Ireland signed the convention in 2007 and further ratified in March 2018 enters into force on 19 April 2018.

The purpose of Convention is to promote, protect, ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disability and to promote respect for their inherent dignity.

It applies established human rights principles from the UN Declaration on Human Rights to the situation of people with disabilities. It covers civil and political rights to equal treatment and freedom from disability, social and economic rights in areas like education, health care, employment and transport. States which ratify the UN Convention commit to themselves to delivery of civil and political rights of people with disability.

Ireland has been working to ensure the domestic legislation is put to place to ensure the state can meet the obligations it assumes under the terms of UNCRPD. There is a range of national strategies and progress in place to advance the implementation of the Conventions provisions including, to empower persons with the disabilities to live self-directed lives of their own choosing. Other than the National Disability Strategy, the Irish government also includes the Comprehensive Employment Strategy, The Transforming Lives Programme, and the National Housing Strategy for Persons with Disabilities for resolving social and economic issues.

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Sample essay written above is focused on The Disability Act, 2005 of Ireland. The disability legislation of Ireland could be read in three different Acts. The Disability legislative Acts of Ireland are Education for People with Special Educational Needs Act, 2004, Disability Act, 2005 and Citizens Information Act, 2007. Law students need to conduct legal research work and have extensive knowledge of legal issues. So, they can hire a professional essay writer for writing essays for them.

This sample could also help the Childcare, wellbeing and nursing students to complete their college assignments on various rights of children with disabilities. It also focuses upon the Special Needs Assistant and the Assistive Technology for students with disabilities.

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