International and legal definitions of disability
The World Health Organisation (2001) seeks to provide a common language and a shared framework for describing health and health-related matters. It defines disability and functioning and lists environmental factors that interact with them:
- Functioning refers to all bodily functions.
- Disability refers to impairments (problems in body function or structure such as a significant deviation or loss), activity limitations and participation restrictions.
(ibid. p. 3)
Legal definitions of disability (more often considered as disabilities and disorders) relate to a positivist notion. Positivism will be considered in a later chapter but essentially it takes a scientific view. Disabilities are not seen as predominantly social phenomena, for example. They are able to be classified. Individuals with disabilities and disorders can be identified and assessed and provision can be made to ensure they make good progress in their learning and development.
Types of disabilities and disorders (Farrell, 2008) relate to legal and quasi-legal classifications. In the United States, pupils considered to need special education as it is covered by federal law have a defined disability, and the disability has an adverse educational impact. Categories of disability under federal law as amended in 1997 (20 United States Code 1402, 1997) are reflected in the following âdesignated disability codesâ:
01 Mentally Retarded
02 Hard-of-hearing
03 Deaf
04 Speech and Language Impaired
05 Visually Handicapped
06 Emotionally Disturbed
07 Orthopedically Impaired
08 Other Health Impaired
09 Specific Learning Disability
10 Multi-handicapped
11 Child in Need of Assessment
12 Deaf/Blind
13 Traumatic Brain Injury
14 Autism.
In England, a similar classification (Department for Education and Skills, 2005, passim) comprises:
- Specific learning difficulties (e.g. dyslexia, dyscalculia, dyspraxia)
- Learning difficulty (moderate, severe, profound)
- Behavioural, emotional and social difficulty
- Speech, language and communication needs
- Autistic spectrum disorder
- Visual impairment
- Hearing impairment
- Multi-sensory impairment
- Physical disability.
Similar classifications are used in numerous developed countries. The types, as can be seen, include disorders such as âorthopaedic impairment and motor disorderâ, âdisruptive behaviour disordersâ, âanxiety disorders and depressive disordersâ,âattention deficit hyperactivity disorderâ,âcommunication disordersâ, âdevelopmental co-ordination disorderâ,âreading disorderâ,âdisorder of written expressionâ, and âmathematics disorderâ. âDeafblindnessâ is an impairment of both hearing and vision. Autism is sometimes located on a supposed continuum of âautistic spectrum disorderâ. The categories include impairments for example, âprofound, âmoderate to severeâ and âmild cognitive impairmentâ, âhearing impairmentâ,âvisual impairmentâ and âhealth impairmentâ.âTraumatic brain injuryâ can lead to impairments and disorders depending on the site and extent of the injury.
The term âdisabilityâ is sometimes used (for example in the United States) to refer in a general way to all these disorders, impairments and injuries.
In England, the legal definition of special education distinguishes between âdisabilityâ and âdifficulty in learningâ. The definition of âspecial educational needsâ in the Education Act 1996 is:âa child has special educational needs ⌠if he has a learning difficulty which calls for special educational provision to be made for himâ (Section 312). The Act then defines âlearning difficultyâ stating that a child has a learning difficulty if:
(a) he has a significantly greater difficulty in learning than the majority of children of his age;
(b) he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the local education authority; or
(c) he is under the age of five and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of, or over, that age.
(Education Act 1996, Section 312 (2))
It will be seen that in this legal definition, a disability is one of the features (the other being âdifficulty in learningâ) that can lead to a âlearning difficultyâ which might in turn âcall forâ special educational provision to be made.
In the Disability Discrimination Act 1995, a disabled person is defined as one who has âa physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activitiesâ. (The expression âphysical and mental impairmentâ is taken to include sensory and learning impairment.)
Other understandings of disability
Definitions and understandings of disability have not always been legal ones. Other ways of envisaging disability have emerged, as later chapters will show. Below is a very brief outline of some of these perspectives. Later chapters explain the terms and the perspectives much more fully.
From a phenomenological standpoint, Merleau-Ponty ([1945] 1982; [1948] 1973) rejects a separation of the experiencing person and the, as it were, external object. That is, he does not accept subjectâobject dualism. Merleau-Ponty rather takes the view that the body functions as a whole, with perception being the primary mode of embodied consciousness. This view has influenced those theorising about bodily existence and disability. Shildrick (2009) seeks to celebrate the fluidity, unpredictability and connectivity associated with disability, focusing on a view of disability as integral to human differences. The aim is to see disability as a mark of the possibilities of becoming. Instability might be a catalyst for different modes of inter subjectivity. Iwakuma (2002) suggests Merleau-Pontyâs ideas can help one understand âdisability experiencesâ including the process of becoming a âfully fledgedâ person with a disability (p. 85).
Oliver (1990) develops a historical-materialist account of disablement, suggesting disabled people âexperience disability as social restrictionâ (p. xiv). Oliverâs (1996) definition of disabled people involves: âthe presence of an impairmentâ, the âexperience of externally imposed restrictionsâ, and âself-identification as a disabled personâ (p. 5). All phenomena it is claimed, including social categories, âare produced by the economic and social forces of capitalism itselfâ (ibid. p. 131). The category of disability is âproducedâ in the particular form it appears by economic and social forces. Barnes (1998) views the social model of disability as âa focus on the environmental and social barriers which exclude people with perceived impairments from mainstream societyâ. It distinguishes between impairment and disability. Impairment is seen as âbiological characteristics of the body and mindâ. Disability is presented as âsocietyâs failure to address the needs of disabled peopleâ. The model offers a âframework within which policies can be developedâ focusing on âaspects of disabled peopleâs lives which can and should be changedâ (ibid. p. 78).
Postmodern approaches can encourage a re-examination of opposites such as âdisabledâ and âable-bodiedâ. Definitions of disability do not necessarily have to imply that all the experience of disability has to be viewed as a negation of ability. The experience of disability has its own realities. Titchkosky (2002) states âit is still common to regard the disabled body as a life constituted out of the negation of able-bodiedness and, thus, as nothing in and of itselfâ (p. 103). Poststructuralism questions this sole perspective that disability is inevitably the negative opposite of normality. Also, Danforth and Rhodes (1997) suggest the acceptance of concepts such as âdisabledâ hinders efforts to move towards more inclusive schooling. Th...