Intellectual Disability Essay - 1594 Words

Under the law, intellectual disability in relation to a person over the age of 5 years, is defined as significant sub-average general intellectual functioning; and significant deficits in adaptive behaviour, each of which manifest before the age of 18 years. Legal Responses Legislation Many intellectually disabled individuals are mis treated and discriminated against in the work place or the community. In response to this, two main acts have been established ; the Disability Discrimination Act 1992 (Cwlth) and the Anti-Discrimination Act 1977 (NSW). Although some forms of discrimination are not covered by legislation, parliament has ensured that people with an intellectual disability have equal access to resources such as†¦show more content†¦Many people and organisations have changed their views and practices because of anti-discrimination legislation. Also, such legislation sends a powerful message to society that those with disabilities are equal members of the community. Application of the rule of law: It may be the case that offenders are treated too easily when they appear before the court; Some people feel that their rights go too far. These rights include the right to not answer a question from the police during investigation, the privilege against self-incrimination and the right to have no adverse comments made at a trial on the failure to answer questions or give evidence at a trial. This might make it hard to apply the rule of law (that no one is above the law) if the offender is given these advantages. However on the other end of the scale, it maintains the rule of law as it provides every individual with the right to a fair trial. Criticism Disempowerment of the disabled- (Accessibility) Many intellectually disabled individuals are in situations of great dependency where they are virtually powerless. This makes it difficult for the individual to use the anti discrimination legislation as a discriminatory remedy. Resource Efficiency: An intellectually disabled individual (or their guardian) may not have access to the financial resources needed to pay for a court trial. Also, if anShow MoreRelatedIntellectual Impairment And Intellectual Disability1319 Words   |  6 Pageshaving an intellectual impairment or intellectual disability (The Arc). People who have these conditions are rarely given the same opportunities as people who don’t, and because of this, many very talented individuals go unnoticed and never reach their full potential. In a time where one to three percent of Americans have this disability, this is an issue that affects almost everyone either by knowing someone who has it or by knowing someone who is affected by it. People with intellectual impairmentsRead MoreChildren With An Intellectual Disability1556 Words   |  7 Pageswhen overcoming certain challenges and obstacles in their lives. 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