Posts Tagged ‘disability’

Disability Hate Crimes?

Thursday, August 21st, 2008

Have you felt like you or someone else you know with a disability has been the victim of a hate crime? We will admit that this isn’t a subject that we knew much about before coming across a BBC article discussing the issue.

“Last year, Christine Lakinski - a woman in her 50s with learning and physical disabilities - had collapsed in the street near her home in Harlepool when she was set upon by a neighbour. She was covered in shaving foam, urinated upon and filmed on a mobile phone as she lay dying.”

This horrendous account started us thinking about the issue - if there is actually an issue with disabled hate crimes.

According to the same BBC article, there have been multiple deaths where the assailed was either physically or mentally disabled, or a combination of the two. The question asked seems to be - where does the title “hate crime” come into play?

If you are picking on someone who is different from you, is it a matter of “hate” or is it just a form of bullying? When someone is either physically or mentally hurt from the actions of another, does it matter what the label is? According to the law, there is a significant difference.

The Federal Bureau of Investigation defines a hate crime as “a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.” Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.”

Interestingly enough, “federal statutes prevent the FBI from investigating crimes of bias motivated solely by … disability” as this is primarily the domain of the local law enforcement. Because hate crimes are often a blurry area, they tend to get prosecuted as arson, murder or intimidation. For disability specifically, the majority of crimes usually fall under Title 42 - Criminal Interference with Right to Fair Housing. This statute focuses on preventing intimidation, interference or injury in regards to a person’s housing rights.

This makes sense when you consider the amount of disabled people who are unable to care for themselves physically and are dependent on either paid or non-paid companions to assert their rights. But what about those who are harassed outside of a housing situation?

The Criminal Justice Act of 2003 labels a hate crime as an “offense motived by hatred or prejudice towards a person because of their actual or perceived disability. It is also a criminal offense in which immediately before, after or during the offense the perpetrator demonstrates hostility towards a person because of their actual or perceived disability.”

So what does all this mean? People with a disability are protected from hate crimes or anything that can be construed as a hate crime by our legal system. The difficulty is not just in the justice system’s definition, but in what the person who encountered the situation considers the harassment, intimidation or abuse to be.

In our research we found multiple accounts of those who both supported the idea of a disabled hate crime and those who thought it was too strong or too general of a term. Where this becomes important is when the definition is imperative to categorizing acts against the disabled as hate crimes in order to better protect them from abuse.

In the UK, surveyors found that the 68 recorded cases of disability hate crimes prosecuted between April and September 2007 fell far short of the number those surveyed had directly experienced. When it’s a matter of protecting and denouncing this sort of crime, it becomes vitally important to have them not only clearly defined, but to have a precedent to follow that will help prevent future occurrences.

Call it “harassment” or call it a hate crime; any degree of abuse towards a disabled person should be confronted immediately for what it is. And hopefully, with a greater awareness of this issue, more people will be willing to protect those who are physically or mentally unable to protect themselves.

Your Weekly Spotlight

Tuesday, August 19th, 2008

We found an interesting Website that has some very unique items to assist people who have a disability.

B Independent showcases everything from pill organizers to mind, body, soul CDs. You can find eating utensils with angled, comfort grips, food bumpers, two handed mugs, balance pads, hand exercisers, communications boards and so much more.

We were delighted to find such an eclectic and fun site that includes some very useful items not found in other places. To check them out, click here!

Abuse, Neglect and Fraud - Homecare Horror Stories

Monday, July 21st, 2008

The Wall Street Journal recently highlighted the prevalent, and sometimes lethal, cases of neglect and abuse by home-care providers. Not only are the elderly becoming more and more reliant on home health aides, but those with paralysis, brain injuries and other disabilities are more likely to end up with a home care situation instead of the institutions that were so common years ago.

With the rise of home-based care, there has also been a significant increase in reports of abuse, fraud, neglect and even death.

According the to The Wall Street Journal article, close to 1.6 million people work in home care, and between those who provide medical services and those who give non-medical care, this profession makes up the second fastest growing American occupation. With numbers like these, it’s not surprising that there are incidences of abuse - the question is, what can you do to make sure that you or your loved ones don’t become another statistic?

First off, while caregivers are required in most places to have both position specific training and background checks, training requirements vary based on where you live and background checks can’t predict what their potential for abuse is. Neglect often goes unreported, often because the patient is unable to convey it or because they fear telling on the caregiver.

There are no nationwide training requirements for caregivers and that also applies to most states. The best thing you can do is take a good look at the company who is hiring out your in-home help and do some research. Look at the Better Business Bureau, ask your doctor for recommendations and also talk to your local rehabilitation centers. Often they can refer a company that has a solid and reputable history.

Most importantly, don’t assume that just because a caregiver comes from a known company that they are someone you can trust. Keep your eyes open or enlist the help of a friend or family member who can do the same.

Dolls With Paralysis - Not P.C.?

Tuesday, July 15th, 2008

A variety of dolls with disabilities are creating quite a stir. Situated in wheelchairs or with leg braces, some with the almond eyes and protruding tongues of Down’s syndrome, these dolls have found a receptive market in progressive countries such as Britain. Here in the U.S. however, they are met with disgust and ridicule.

Those who are against the dolls feel that they only emphasize the differences between the disabled and able-bodied children, while those in favor welcome them as a realistic option to the “Barbie doll” perfection touted for so long.

The possibility of these dolls being ridiculed or used as objects of derision and fun sticks in the minds of some. How do you balance the potential benefits of a doll that may create a sense of belonging in some disabled children with the chance of these dolls spotlighting the very disability that they are working to develop acceptance for?

What do you think? Are they a benefit for children with disabilities or for those who have parents and family members with disabilities, or do they deride and poke fun?

Your Resource for the Week

Wednesday, June 25th, 2008

National Institute on Disability and Rehabilitation Research

The National Institute of Disability and Rehabilitation Research (NIDRR) is devoted to providing both leadership and support to all research related to the rehabilitation of people with disabilities. Located in Washington, D.C., NIDRR is part of the U.S. Department of Education, and works in conjunction with the Rehabilitation Services Administration (RSA) and the Office of Special Education Programs (OSEP).

NIDRR’s goals are two-fold: to help people with disabilities better live in their communities, and to expand society’s ability to provide full accommodations and opportunities to people with disabilities. NIDRR does research in the areas of social integration, employment, independent living, and technology, and is a key player in the growth in scientific knowledge such as rehabilitation medicine, engineering, psychosocial rehabilitation, integration, and vocational outcomes.

NIDRR also recommends a list of rehabilitation centers depending upon whether they meet certain stringent criteria.

NIDRR can be accessed through the U.S. Department of Education’s website, at www.ed.gov.

The “Silent Epidemic”

Sunday, June 15th, 2008

The blog Traumatic Brain Injury is engaging… the woman who writes it shares her experience living with TBI and how it has affected her life. Her most recent post, on the “silent epidemic”, discusses the fact that so many TBI people are not seen… their injuries being internal, without the scars to show the world what happened to them.

Her story is worth sharing.

Providing Much Needed Relief for the Disabled

Tuesday, June 10th, 2008

Communicating your needs when you have a debilitating injury from things like strokes, traumatic brain damage or spinal cord injuries can be a difficult process for all involved. How do you feel connected to your environment when your speech is limited or non-existent or you have limited use of your limbs?

According to Paul Pagliano, the man behind the idea who is visiting Canada on a sponsorship from the Christopher Douglas Hidden Angel Foundation, you set aside the abstract communication and instead attempt a more concrete connection through the senses.

Multi-sensory environments (MSE) are widely used in Europe for people with profound disabilities. These settings include safe stimuli geared towards the specific disability being targeted. The author of the article lists such things as lights, music and even food to help create a relaxing and/or stimulating environment that is under the control of the person who is disabled.

We think this sounds like a novel approach and we will be interested to see how Pagliano’s concept is received while he is visiting Canada.

For the entire article, click here.

For more information visit the Christopher Douglas Hidden Angel Foundation.