An overview of the legal rights of the D/deaf community

By Freya Fredriksson.

Reading time: three minutes

For Deaf Awareness Week (6 to 12 May 2024), Freya Fredriksson has written an informative article on the legal rights of the D/deaf community.

The notion that the purpose of law is to help to determine what kind of society we should live in was touched on by McBride in his book called ‘Letters to a Law Student’. However, one can argue whether there is even any purpose in having a legal system if we don’t have sufficient knowledge of what the law entails and what it means for our rights. This means that public legal education is vital for every citizen to be aware of their entitlements and more so for those who are underrepresented. For example, deaf people are at risk of ‘low fund of information’ which is the knowledge that people accumulate over time from casual conversation or incidental learning. This means that they may be more likely to be unaware of their legal rights and how the system works.

Discrimination

This article aims to deliver an overview of the legal rights that the D/deaf community are entitled to. For example, one legislation that every deaf individual should be aware of is the Equality Act 2010. This is because it prohibits employers, service providers and educational bodies from discriminating, harassing or victimising you. There are many types of discrimination which the National Hearing Loss Charity has outlined. To better understand the act, the government have helpfully created an ‘easy read’ document which explains the legislation in a more accessible way.

Likewise, if you are certain that you have been denied your rights based on your disability, the Human Rights Act (HRA) 1998 can and will protect you. It places a duty on all public authorities to fit with the rights that were set out in the European Convention. This means that you would therefore be eligible to bring a case under the HRA.

Equal employment opportunities

It also protects you under the law as it means that you are eligible for ‘reasonable adjustments’ which will help you access educational institutions or your workplace better. This means that your employer has a duty to make ‘reasonable adjustments’ so that you are not at a substantial disadvantage in work, compared to your hearing peers.

If you would like to find out examples of what reasonable adjustments you can ask for, read my other article on ‘How to establish a deaf-friendly legal workplace’: https://thestudentlawyer.com/2024/05/06/how-to-establish-a-deaf-friendly-legal-workplace/

Similarly, a government scheme called ‘Access to Work’ can also help employers make reasonable adjustments as the scheme can cover the cost of communication support or technology and assistive devices. If you live in England, Scotland or Wales, you can apply online on GOV.UK.

Accessible services

Everyone has the right to equal access to healthcare and social care services and deaf people are no exception to this. As previously mentioned, the Equality Act 2010 applies to the NHS. However, an additional thing that you can do is to download a communication card which will then be collected and recorded by the NHS so professionals will be better equipped and have a greater knowledge of deafness. 

In terms of education, as a parent, if you disagree with the content of an Education, Health and Care Plan (EHCP) or if the Local Authority (LA) has refused to carry out a statutory assessment of the child’s Special Educational Needs (SEN), you are eligible to appeal to the Special Educational Needs and Disability Tribunal. If you would like to learn more about deaf children’s rights in education, the National Deaf Children’s Society has an abundance of information on its website. 

Finally, Amnesty International has outlined a list of all of your human rights called the Universal Declaration of Human Rights so ensure that you educate yourself on what these entail and how they protect you. 

Conclusion

Overall, awareness of legal rights among the D/deaf community is vital if we are to create a society where every individual has equal opportunities, protection and empowerment, ultimately contributing to a more inclusive society.

Are you interested in learning more about deaf people in law? Read my previous article about how deaf people couldn’t partake in the jury until after the BSL Act 2022!