Most of the rights are contained in the Disability Discrimination Act, which was passed in 1995 and came into force in full in 2004. There are other rights contained in European and human rights law (see section six).

1. What does the Disability Discrimination Act do?

The aim of the Disability Discrimination Act 1995 was to end the discrimination faced by many disabled people. Key rights under the act include:

* A right to fair employment: This applies to firms which employ 15 people or more and covers recruitment, working terms and conditions, dismissal and redundancy
* A right to access to goods, facilities and services provided to the public
* A right to have "reasonable" adjustments made to premises or workstations by employers
* A right to let or sell land or property
* A right to education in any school, further education, higher education, adult and community education. This part of the act does not apply to Northern Ireland.

Under the act, discrimination occurs when:

* A disabled person is treated less favourably than someone else
* Such treatment is because of or related to the disability and cannot be justified
* There is a failure to make a reasonable adjustment for a disabled person and this cannot be justified

The Citizens' Advice Bureau has more information on disability discrimination.

2. What is defined as a disability?

In order to have any protection under the Disability Discrimination Act, you've got to be disabled under the precise definition contained in the act which is:
"a physical or mental impairment which has a substantial and long term adverse effect on your ability to carry out normal day to day activities".
The kinds of disabilities covered under the act include:

* Physical disabilities that affect movement and the senses, such as sight and hearing
* Mental illnesses, depression and learning disabilities
* Severe disfigurement
* Progressive conditions such as HIV or multiple sclerosis

Conditions that are not covered in the act include:

* Alcohol, nicotine or drug dependence, unless the drug has been prescribed
* Hay fever

To find out more about what is and isn't covered in the act you can read government guidance on the definition of disability.

3. How does it help disabled people?

The act was brought into force in stages. Various rules apply to businesses and organisations, defined as "service providers" in the act, including:

* Since December 1996 it has been unlawful to treat disabled people less favourably than others for reasons related to their disability
* Since October 1999 they have had to make reasonable adjustments to enable disabled people to access their services, such as providing help and information in Braille, for example
* From October 2004 reasonable adjustments to the physical features of their premises have to be made, such as providing disabled toilets and wheelchair access

What is a "reasonable adjustment"?
A "reasonable adjustment" for an employer may include steps such as:

* Making adjustments to premises to allow wheelchair access
* Altering an employee?s working hours
* Acquiring or modifying equipment

However, what is reasonable is also judged according to the extent to which the adjustments prevents the problem, how practical it is for the employer to make it and what costs, financial or otherwise, or disruptions it would cause to the employers activities. Ultimately, it may be the courts that decide what constitutes a reasonable adjustment or not.

For education providers such as schools, universities and further education colleges, the Disability Discrimination Act was extended by the Special Educational Needs and Disability Act to prevent discrimination against disabled students. The main measures are listed below:

* It is unlawful to turn a disabled person away from a course or to mark a disabled person down in assessment if they have dyslexia or are deaf
* Institutions should alter certain policies and practices for disabled students, for example, more access to a computers during examination
* Institutions should provide "auxiliary aids and services" such as installing hearing aid loops and specialist software on computers for visually impaired students
* From 2005, educational institutions will need to make physical adjustments to their premises

You can get more information from TechDis, a website for disabled staff and students.

4. Who has to comply with the act?

Under the Disability Discrimination Act "service providers" refers to most companies and organisations that provide goods, facilities or services to the public in the UK whether these are free or paid for. It includes:

* Banks and building societies
* Health services, such as hospitals and GP surgeries
* Local authority services
* Cinemas and theatres
* Railway and bus stations
* Shops, hotels and restaurants
* Sports centres, football grounds, parks
* Private education and the voluntary sector
* Non-educational activities in educational institutions, such as parent?s evenings

Those who aren't covered by the act include:

* Public transport, such as trains and buses
* Private clubs, where the services are not open to the public
* Manufacturers, because the manufacture and design of products aren't being provided directly to the public

5. How is it enforced?

The Disability Rights Commission is an independent body established by the Disability Rights Commission Act 1999 to enforce the rights of disabled people. Its specific duties are:

* To eliminate discrimination against disabled people and promote equal opportunities
* To provide advice and encourage good practice in the treatment of disabled people
* To advise the government on the working of disability legislation

It also has the power to take on legal cases on behalf of a disabled person under the Disability Discrimination Act. You can find out more about the Disability Rights Commission on their website.

6. European and human rights law

The government has brought in draft regulations on extending a degree of legal protection to all disabled job applicants and employees, required by Article 13 of the European Employment Directive.
The regulation provides:

* Protection to employees in organisations with fewer than 15 employees - currently exempt from the legislation
* Protection to key employees, such as police, prison and fire officers

Human rights
Disabled people can also use the Human Rights Act, which became part of British law in 1998, although there is no specific legislation regarding disabled people under the act. However, there are Articles in the act which could work for disabled people, including:

* Article 12: A right to marry. For example, a disabled person who was in residential care but wanted to get married would have a right to do that
* Article 3: Prohibition of Torture. You have the right, as a disabled person, to be protected against inhuman and degrading treatment
* Article 14: Prohibition of Discrimination. You have the right as a disabled person not to be discriminated against

The BBC's website "Ouch" has more information on the Disability Discrimination Act.

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