Now is the time to legislate for equality

By Eric Rowbottom

The Paralympics are done and dusted. I hope you all got the chance to watch elite athletes, at the peak of their performances, compete in the different sports and categories.

So what did we learn? Hopefully, you realised that everyone can achieve greatness when you set your mind to it, you train hard and, most importantly, when you get the support you need.

We hope you realised too that you cannot reconcile some people’s ridiculous, antiquated and insulting views of people with disabilities to the reality.

How can anybody, after watching the games, reconcile the view expressed by minister Sir Joe Bossano, in a GBC interview [last year], which was, unfortunately, supported by every single outgoing and current government minster with what you witnessed on TV?

“The fact that they have got disabilities, by definition, means that they lack an ability that somebody who has no disability has.”

This misguided view is dangerous, insulting and plainly wrong! We don’t know of a single disabled person that wants to be defined by his/her “lack of abilities”.

This line of thinking must be challenged at all levels and not allowed to become ‘the norm’. No one can allow this line of thinking to seep through our community like a lethal virus infecting young and old alike. People with disabilities want to move forward, with the rest of the community, and not be pushed back to the Middle Ages.

If other governments throughout the world held this grotesque view, would the swimmer with no limbs have ever jumped into a pool? Would the archer with no arms have ever tried shooting an arrow? Would the visually impaired person ever try to run a marathon or ride a bicycle? Would wheelchair users have tried playing basketball or rugby? I think not.

It’s not what you don’t do with what you haven’t got but rather what you can do with what you’ve got.

The disabled community is not here to ‘inspire’ anyone. Disabled people are not ‘heroes’ or ‘brave’ or ‘special’. What disabled people want is to live in a truly inclusive society that doesn’t discriminate because of looks, behaviour or having extra needs.

The Para-athletes will have gone back to their countries (with their medals) and will resume their day to day lives. Unfortunately, most of them will find it difficult to use public transport. Most of them will find it difficult to find a job. Most of them will find it difficult to find buildings that are accessible. Most of them will find it difficult to travel. Most of them will find it difficult to find accessible shops, restaurants and even toilets. They have stopped being ‘heroes’, ‘brave’, ‘special’ and ‘inspiring’.

Tanni Grey-Thompson, one of Britain’s greatest ever Paralympic athletes and Channel 4 commentator, said after the games finished, that politicians should make sure that they introduce the relevant legislation, in their respective countries, so that we can all live in an inclusive society.

In 2017, the Gibraltar Government passed the Disability Act - except for sections 13 and 14.

Why did they leave these two sections out? This is a question for the Government to answer but whatever the reason, the fact is that they made a huge mistake, at the time, not setting a future date for these two important sections to be enacted. Instead, they kicked it into the long grass.

Many have campaigned long and hard, and in some cases demanded, for these two sections to be enacted immediately but, as yet, we remain waiting. Seven years, and counting, is a very long time to be waiting for one’s life to be bettered and to be treated equally.

For the sake of those who do not know what the fuss is all about, see below what these two sections are all about.

Section 13:

Accessibility: general provisions.

13. A person exercising a statutory duty relating to accessibility must, in discharging that duty, ensure, as far as reasonably possible, the full inclusion and participation in community life of persons with disabilities.

Section 14:

Access to facilities and premises open to the public.

14.(1) Any person undertaking the provision of any building or premises to which the public are to be admitted whether on payment or otherwise, must, in the means of access both to and within the building or premises and in the parking facilities and sanitary conveniences to be available, if any, make provision, in so far as it is in the circumstances both practicable and reasonable, for the needs of persons with disabilities visiting the building or premises.

(2) Where any provision required by subsection (1) is made at a building or premises–
(a) a notice or sign indicating that provision is made for persons with disabilities, must
be displayed outside the building or premises or so as to be visible from outside the building or premises; and (b) notices or signs must be displayed in the building or on the premises indicating the places where such provision is made and appropriate routes for persons with disabilities to get to those places.

(3) Where parking facilities for persons with disabilities are provided under subsection (1), notices or signs must be displayed indicating an appropriate route for such persons to get from the place where the parking facilities are provided, to the building or premises in connection with which they are provided.

(4) The Minister may by Regulations provide for the implementation of this section,
including providing for the penalties for breach of this section or Regulations made under it.

You can now appreciate that these two sections are immensely important and will have an enormous impact in disabled people’s lives. A right to access to buildings, parking, etc and a right to an inclusive social life will be enshrined in law for ALL citizens. This is the first important step to live in an inclusive society.

Will implementing these sections cost money? Absolutely. 100%. But so do cycling lanes, refurbishment of the Parliament building, refurbishment of No.6 Convent Place, building new schools, recruiting ‘experts’, commissioning inquiries etc… Everything comes with a cost. It is just a question of priorities. It appears that the disabled community is pretty low on the list.

In the meantime, dog parks have to be made accessible, after they are built (costing more taxpayers’ money), museums are opened and are not accessible to all, new buildings are being built and in some cases the accessible entrances, if any, are via the back of the building, shops in Main Street are being refurbished but are not made accessible etc..

The delay in implementation is causing present and future issues for everyone.

Not having equal rights has an enormous negative effect within the disabled community and their families and friends. There comes a point in one’s life that you believe the ‘mantra’ that you are different and you are not as important as the rest of the community. The system literally grinds you down. This community must not allow this to happen to anyone. Everyone has an inalienable right to live in a truly inclusive society and be treated with dignity and respect.

It is crucial that MPs (of both sides of the house) fully understand that people with disabilities are citizens that happen to have a disability. We are not a different type of citizen. We are NOT disabled Gibraltarians, we are Gibraltarians that happen to have a disability.

Now is the time to stop ticking boxes. Now is the time to change the way we define people with disabilities. Now is the time to stop calling us ‘brave’, ‘heroes’, ‘inspiring’. Now is the time to treat us with dignity and respect. Now is the time for equality.

It is time to put our money where our mouth is. It is time to LEGISLATE.

Eric Rowbottom is the chairperson of the Special Needs Action Group.