# Policy on ableism and discrimination based on disability --- ## Metadata title: Policy on ableism and discrimination based on disability author:: Ontario Human Rights Commission cite-key:: ontariohumanrightscommission2016PolicyAbleismDiscrimination date:: 2016 url:: [http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability](http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability) Type: Policy keywords:: [[Ableism]], [[Accessibility]], [[Disability]] apa:: Ontario Human Rights Commission. (2016). _Policy on ableism and discrimination based on disability_. [http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability](http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability) ## Abstract "The OHRC's policies reflect its interpretation of the Code, and set out standards, guidelines and best practice examples for how individuals, service providers, housing providers, employers and others should act to ensure equality for all Ontarians. The OHRC's Policy on ableism and discrimination based on disability provides practical guidance on the legal rights and responsibilities set out in the Code as they relate to the ground of disability."--Executive Summary. --- ## Notes ### Section 2 – What is Disability? #### 2.0 - Present at birth, caused by an accident, or developed over time - Section 10, *Ontario Human Rights Code* defines “disability” as: 1. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, 2. a condition of mental impairment or a developmental disability, 3. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, 4. a mental disorder, or 5. an injury or disability for which benefits were claimed or received under the insurance plan established under the _Workplace Safety and Insurance Act, 1997_. - A broad term - Includes present and past conditions - Can be subjective (perception of disability) - OHRC's position is that anticipated disabilities are also covered by the *Ontario Human Rights Code* - Individual may not currently have the disability, but are treated as though they may due to perception of future risk or accommodation - The definition is purposefully broad to allow for contextual interpretation to advance the goal of eliminating discrimination - Disability can be the result of impairments and environmental barriers: - Attitudinal barriers - Inaccessible information - Inaccessible built environment - Anything else that prohibits an individual ability for societal participation - Social model of disability - From the United Nations' *Conventions on the Rights of Persons with Disabilities (CRPD)*: - "disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others." - Supreme Court of Canada also follows social model of disability - Society's response to a real or perceived disability should be the focus of discrimination analysis - Disabilities can be temporary, sporadic, or permanent - Disability can be invisible #### 2.1 Ableism, negative attitudes, stereotypes and stigma - Law Commission of Ontario: - \[Ableism\] may be defined as a belief system, analogous to racism, sexism or ageism, that sees persons with disabilities as being less worthy of respect and consideration, less able to contribute and participate, or of less inherent value than others. Ableism may be conscious or unconscious, and may be embedded in institutions, systems or the broader culture of a society. It can limit the opportunities of persons with disabilities and reduce their inclusion in the life of their communities. - Stigmatization that disability is an "anomaly to normalcy" - Used to rationalize exclusion, neglect, abuse, exploitation - Paternalistic behaviour - Patronizing behaviour - Discrimination linked to - prejudicial attitudes - negative stereotyping - overall stigma - Organizations are obligated under the *Human Rights Code* to not discriminate against individuals with disabilities - Applies to direct discrimination: the result of internal stereotypes or prejudices - Applies to indirect discrimination: may exist in institutions due to pre-existing laws, policies, and unconscious practices #### 2.2 Non-evident disabilities - Disabilities may be invisible or episodic - Disability may be mislabeled and misunderstood - "Normality" is a social construct - Reinforces obstacles instead of removing barriers - Behaviour based on misinformation and ignorance %% #### 2.3 Mental health disabilities and addictions %%