What is disability?

According to the Equality Act 2010, a person is considered to have a disability if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities.

I have Colour Vision Deficiency (CVD, also known as colour blindness), which has a negative effect on some of my daily activities; however, this is not deemed a disability in the UK. This is because cases of colour blindness are often excluded as people develop coping strategies such as learning the position of lights on a traffic signal.

While I understand the logic — nobody wants me wiring their house — I am still hindered by a physical impairment. If I wanted to work in certain professions (e.g. as an electrician, pilot, or in the fire service), I would struggle to secure a role because of this physical impairment.

Interestingly, the Americans with Disabilities Act (ADA) takes a different approach. Under the ADA, CVD is often protected, especially in employment. Coping strategies are generally ignored because the impairment is judged in its natural state. Where the Equality Act uses "substantial and long-term effect" as the standard for assessment, the ADA focuses on whether it "substantially limits a major life activity" — such as seeing or working. Furthermore, the Equal Employment Opportunity Commission (EEOC) specifically includes "colour vision deficiencies" under its list of vision impairments that can constitute a disability.

Essentially, disability is defined differently based on region and perspective which complicates our collective understanding. 

I am not necessarily arguing that CVD should be reclassified; I, and many others, do cope. However, almost everyone with a disability learns to cope at some level. 

Is there another way to define disability?

If legal definitions and interpretations vary so widely across territories, how else can we view disability? This is not an exhaustive list, but there are several established models:

1. Medical model of disability
2. Charity model of disability
3. Social model of disability
4. Human rights model of disability

The Medical Model sees disability as a defect or illness within the individual that needs fixing or curing through medical intervention, focusing on what's wrong with the person.

The Charity Model views disabled people as unfortunate victims needing pity and charity, making them passive recipients of care.

The Social Model. It argues that society disables people through inaccessible buildings, attitudes, and systems, meaning change in the environment is needed, not the person.

Finally, the Human Rights Model is based on the UN Convention Rights of Persons with Disabilities (UNCRPD). It asserts that disability rights are human rights, requiring accessible environments and full participation.

The following video does a great job explaining the differences between these models.

I believe we can agree the Medical and Charity models are outdated. My personal favourite is the Human Rights Model. It shifts the burden from the individual to the environment and frames accessibility as a legal and moral necessity.

Mental health conditions are a disability

Remember: not all disabilities are visible. In both the UK and the US, a mental health condition or impairment is identified as a disability based on its effect on your life, rather than the medical name of the diagnosis.

It must be a Mental Impairment.

This typically includes:

• Mental health conditions: Depression, anxiety, bipolar disorder, PTSD, OCD, or schizophrenia.
• Neurodivergence: Autism, ADHD, or dyslexia.
• Cognitive impairments: Dementia, learning disabilities, or brain injuries.

It must have a Substantial Impact

The impairment must make it harder to perform "major life activities" (US) or "normal day-to-day activities" (UK). This includes difficulty concentrating, interacting with others, sleeping, or managing self-care. In the UK, "substantial" is defined as anything that is "more than minor or trivial."

It must be Long-Term

In the UK, the condition must have lasted (or be likely to last) 12 months or more. The ADA is generally more flexible regarding this timeframe.

The "Hidden" Statistics

According to the UK Department for Work and Pensions' (DWP) annual Family Resources Survey (FRS), approximately 25% of the UK population has a declared disability. This is a high and increasing statistic, yet it only accounts for those who have declared it. 

Many individuals are awaiting diagnosis or prefer to keep their condition private which means disability is far more prevalent than statistics suggest. 

Furthermore, conditions like CVD affect 1 in 12 men and 1 in 200 women; while they may not be legally classified as disabled in the UK, these individuals still find it hard to perform certain ‘normal’ activities.

Disability is complex. While the Social Model identifies the barriers, the Human Rights Model provides the roadmap to dismantle them. It moves us from helping people to empowering them, ensuring that accessibility isn't a gesture of kindness, but a fundamental right.

This is what every Digital Accessibility specialist strives for: a world where everyone has the right to access information and participate in society without barriers. It just takes a little kindness (and Human Rights legislation).