Turn on thread page Beta
    • Thread Starter
    Offline

    0
    ReputationRep:
    Okay folks so I'm having bother actually understanding what is being asked of me in this essay question, and what information to include/what my argument should be.

    This question is as follows:

    "Critically evaluate the definition of a “disability” in the Equality Act 2010, section 6(1), which states “… a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.”
    Is this in your view the most appropriate definition for the purposes of discrimination law? Discuss its advantages and its failings."

    The term "discuss" suggests that I need to take this definition of a disability apart and critically analyze what is meant by terms such as "impairment" and "substantial long-term" as well as defining what an "adverse effect" and "day to day activities" are.

    The problem I'm finding is that these words are already explained in detail within the act in various different sections, and that any possible misinterpretation of these terms are addressed in the act.

    Ultimately the Act is very precise in terms of clarifying exactly what it means by each of these terms.For example I could argue that the term "impairment" is highly subjective, and the defintion may differ from person to person. Similarly, I could argue that what may constitute a "day to day activity" to one person, may not be a regular activity to another.

    However, a definition as to what these terms actually mean are explicitly stated elsewhere in the act to avoid any such misinterpretations! So I'm not really sure what I should be discussing here? I could just state what the Act considers to be an impairment etc. but that would mean my answer would be far too descriptive.

    I'd really appreciate any help you guys could give me with this question, feel like I'm running round in circles here! Also, my apologies if I've not explained my problems in the most simplest of terms, I don't even know if I'm sure of what I'm trying to say haha!!
    Offline

    17
    ReputationRep:
    (Original post by blairhalliday)
    Okay folks so I'm having bother actually understanding what is being asked of me in this essay question, and what information to include/what my argument should be.

    This question is as follows:

    "Critically evaluate the definition of a “disability” in the Equality Act 2010, section 6(1), which states “… a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.”
    Is this in your view the most appropriate definition for the purposes of discrimination law? Discuss its advantages and its failings."

    The term "discuss" suggests that I need to take this definition of a disability apart and critically analyze what is meant by terms such as "impairment" and "substantial long-term" as well as defining what an "adverse effect" and "day to day activities" are.

    The problem I'm finding is that these words are already explained in detail within the act in various different sections, and that any possible misinterpretation of these terms are addressed in the act.

    Ultimately the Act is very precise in terms of clarifying exactly what it means by each of these terms.For example I could argue that the term "impairment" is highly subjective, and the defintion may differ from person to person. Similarly, I could argue that what may constitute a "day to day activity" to one person, may not be a regular activity to another.

    However, a definition as to what these terms actually mean are explicitly stated elsewhere in the act to avoid any such misinterpretations! So I'm not really sure what I should be discussing here? I could just state what the Act considers to be an impairment etc. but that would mean my answer would be far too descriptive.

    I'd really appreciate any help you guys could give me with this question, feel like I'm running round in circles here! Also, my apologies if I've not explained my problems in the most simplest of terms, I don't even know if I'm sure of what I'm trying to say haha!!
    Well, first off, you're approaching the question entirely incorrectly. It's not asking what the law is, anyone with the internet could figure out what the law is. It wants an analysis of the current law.

    Go on WestLaw and find some academic articles discussing the definition of disability. Why is it defined in this way? Could it have been defined differently? If so, how? Why wasn't it defined in those ways? Ought to be defined differently?
 
 
 
Poll
“Yanny” or “Laurel”

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reply
Hide
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.