The medical model view the disability as the problem, belonging to the individual based on power from medical professionals, insurers and institutions who’s expertise influence the medical model, being probably the most influential and pervasive model today (Gregory, Imrie, 1997, Llewellyn & Hogan,2000). It assumes that impairment arises from measurable symptoms due to disorder, syndrome, disease or condition that is then categorized and classified. However if we consider autism spectrum disorder these are based on observational or behavioural attributes usually in children in a clinical setting, this can result in an unclear or tentative diagnosis. The medical model unlike the social model does not consider the social environment or functioning.
The social model points that disability is a social construction and society disables people, seen as a response to the more individualised and Normative medical model of disability, shifting the focus from reshaping the individual to reshaping society Autism & Oughtism (2011) states that society creates “disability” by imposing hindrances to the full participation of persons with different abilities. (Hughes & Patterson, 1997; Harris, 2000; Swain & French, 2000). Originated with people with physical and sensory impairments the disability movement’s ‘big idea’ Hasler (1993). It was an alternative approach in understanding disability developed initially by the Union of the Physically Impaired against Segregation (UPIAS) around the mid 1970s it distinguishes between impairment and disability. Impairment has recently been broadened to also include Sensory and intellectual or development impairment. (Barnes, Mercer& Shakespeare ,1999)
“Traditionally, when violence and disability have been considered together, this has emphasised the disabled subject whom inevitably exhibits violent challenging behaviour. Recently, however more attention has been paid to violence experienced by disabled people, most notably in relation to hate crime” (Goodley, Runswick-Cole 2011)
Sherry explains disability hate crimes as needing to have two elements to be satisfied “first it must be a criminal act [e.g. theft or arson]; and second it must be motivated in whole or in part by the victims perceived disability status”( Sherry 2010 p.18) “our current use of language may be responsible for the under-reporting and the under-prosecution of these crimes” Sherry, 2010 Roulstone, Thomas, Balderstone 2011 agrees that language is rather muddled in constructing disabled people as ‘Vulnerable’ ,this construction delayed introducing hate crime provisions and legal justice for disabled people, as the law perceived hate crime as different from those who are vulnerable.
Although there is no true policy definition of disability hate crime the CPS have adopted the following
“Any criminal offence, which is perceived, by
the victim or any other person, to be
motivated by hostility or prejudice based on
a person’s disability or perceived disability.” CPS.gov.uk (2010)
Anyone can potentially be a victim of crime; however some groups are more susceptible because of their vulnerability, social marginality, or invisibility.
Some criminals will use the degree of which society cares about what happens to the victims as a way of gauging the enforcement of the law and the possibility of getting away with it. Although the UK has one of the strongest legal frameworks throughout the world its aim to protect people from discrimination or persecution on the grounds of their race, faith or disability (Quarmby 2008). Is enough being done to protect the vulnerable?
Disability hate crime did not exist in law until 2003 (Davies 2013) has only recently been acknowledged and added to the list of hate crimes as disabled people are seen as victims of crime because they are vulnerable, susceptible or easy targets, previously this affected disabled people getting the full protection of the law as they did not show desirable Characteristics or normalcy. (Taylor, Corteen, Ogden &Morley 2012)
Equality human rights(2011) tells us caregivers can be responsible for disability hate crime with family members withholding food, water, money, communication and travel aids as well as medication Sherry (2010) tell us if a person’s money was stolen and the victim of crime had a disability and the person committing the crime was a caregiver it would be treated as ‘economic exploitation, the term economic exploitation draws a criminal lighter sentencing therefore language used stops criminals being given the appropriate sentencing, these types of crime are also rarely prosecuted.
So what is a disability hate crime? They are incidents or crime which have caused, or perceived to have caused by the perpetrator’s prejudice towards a group of people. It would also be a single person – but for it to be a hate crime the prejudice needs to be a factor as to why the group or person was victimized, It is discrimination of the worst kind infringing on the human rights of those affected, stopping them from being able to enjoy the full benefits of the society that we live in. (Disability hate crime.org.uk undated)
This means that any crime perceived to be motivated by the fact that someone is disabled or even just thought to be disabled for whatever reason, by the victim or any other will be a hate crime. This crime could be committed against the person or their property, it does not matter.
It has to be said that a hate crime is significantly different to other types and forms of crime. It solely exists in order to target people because of whom or what they are – and no other reason, with no single disability being speared from hate crimes (Sherry, 2010)
Today disability hate crime in England and Wales is at its highest level since records began, with incidents in 2011 at almost 1,800 and increase of almost 25% the actual figure could be much higher as many victims don't come forward for fear of not being believed, however only 523 convictions were made (Burn-Murdoch 2012 ,Keating 2013). So why is this?
A number of high profiles cases over recent years have brought about these changes not only in how police see hate crimes and disability. If we look at the case of Fiona Pilkington and her children both of whom had learning difficulties and Leicestershire constabulary we see reports of anti social behaviour between 1997 and October 2007 on an almost daily basis despite these high levels of anti social behaviour, continuing reports and incidents no effective action was taken by police to identify Fiona and her family as a vulnerable family unit, and to recognise years of harassment as a disability hate crime, even though the force has a hate crime officer (ipcc.gov.uk 2009,Davies 2013 Pring 2011)
Following these unfortunate deaths of several individuals awareness has now been raised mainly through the media, with change now starting to happen, government launched pilot projects designed to change the way the police respond to anti-social behaviour however Pring, Davies (2013) tells us although developments are encouraging there is however room for improvement, particularly practice ‘on the ground’ more joined-up working and strong partnerships with other agencies, as hate crime ruins people’s lives leaving individuals unable to sleep, scared to leave the house and become increasingly depressed.
So where do hate crimes happen? Equality human rights (2011) tell us on the street, in parks, public places such as shopping centres, neighbourhoods, care homes, schools and public transport. Individuals are reluctant to go out as fear of consequences.( Sykes, Groom and Desai ,2011, Mencap 2013)
Social housing and care homes can be seen as a focus for repeatedly anti social behaviour and disability hate crimes, targeted because of adaptations such as ramps and handrails and even the size of the property.
Therefore is society a new asylum or institution? Prohibiting people from their human rights? And what is being done by our government? Local politician Ian Mearns is pushing for a Bill to require police forces to register hate crime committed against people with learning difficulties and learning disabilities including autism; and for connected purposes. A second reading will happen early next year 24th January 2014. (Legislation they work for you.com,2013) what is the CPS doing to help vulnerable witnesses. We now see special measures being introduced so individuals can give evidence via TV link, screens around the witness box, use of an intermediary who can use plain and understandable language .(CPS ,2013)
Conclusion
Having discussed the medical and social model of learning difficulties it is concluded that only recently are learning difficulties being included in both the medical and social model and much more needs to be done. Having examined both models it is concluded that an alternative dual approach needs to be applied for the best outcomes, I have discovered that new diagnoses are every changing with medical advances. However I feel society continues to make judgements and we still have a way to go to accepting individuals into communities with SpLDs. Having looked at Disability hate Crime evidence showed increased figures of reported crimes but prosecutions still remain low. Individuals in government are recognising more needs to be done in relation to how the police and law respond to disability hate crime.
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