The Rights of the Diabetic
Although it shouldn’t be the case, people with diabetes do face discrimination in many areas of life. You should know that as a diabetic, you have rights, and the best way to ensure these rights is through knowledge. Know the laws that protect your child and yourself from discrimination based on your illness. Three laws of importance where children’s rights are concerned are: The Rehabilitation Act 1973, section 504, The Americans with Disabilities Act and the IDEA (Individuals with Disabilities Education Act).
There are a number of Acts that address the issue of discrimination against children and others with disabilities, especially in regard to education. In addition, you can help stop discrimination by educating the people who make decisions concerning your child. Sometimes situations of discrimination might arise out of the simple fact that many people aren’t aware of what they’re doing or saying. In many instances, the rights of the diabetic are abused simply out of ignorance.
Because discrimination is a way of life, it is important to know what your rights are as a person with a disability. While diabetes isn’t a disability, it is a disease that many people don’t know much about or take the time to learn the proper information. In those cases, ignorance does create situations of discrimination for the diabetic, but luckily, there are laws that cover the rights of children and adults so that they can effectively resist being discriminated against.
Rights of the diabetic child
Sadly, the diabetic child may face challenges at school and at daycare just because of the condition. The diabetic child may be prevented from participating in sporting events even if they are good at what they do.
The best way to deal with discrimination against the diabetic child is to educate the school or daycare community. The biggest reason for discrimination is normally a lack of knowledge. Once you let the offending parties know how to care for a child with diabetes, the issues should be put to rest. However, there will still be those who are afraid that something may go wrong and therefore prohibit the child from taking part in certain activities. In these instances, you may need mediation or even legal intervention.
Discrimination and the diabetic adult
Workplace discrimination is one of the biggest challenges faced by the adult living with diabetes. Some adults may be bypassed for a promotion simply because they are diabetic and their employers feel that this may affect their performance.
Most, if not all, workplace anti-discrimination laws should address discrimination based on diabetes. However, you must be able to prove that discrimination really occurred and that it happened as a result of your illness.
Unfortunately, it is not only in the workplace that the diabetic faces discrimination. In applying for a driver’s license, the diabetic may also face some level of discrimination. This results from the fact that diabetes can affect your eyes, resulting in blurred vision. Others factors that are sometimes used as a reason to deny a person with diabetes a driver’s license include the risk of hypoglycemia. This means that the diabetic may fall into a coma or become unable to function behind a steering wheel.
Discrimination against diabetics is felt in different spheres of life. One area where this is most prevalent is in obtaining a driver’s license. The fact that diabetics may have certain physical limitations if their disease is not managed properly is used as a reason not to issue a license. Yes, some diabetics do become hypoglycemic and find themselves unable to safely operate a vehicle, but this is not a frequent occurrence. Each diabetic who applies for a driver’s license should be dealt with on an individual basis and not across the board.
Diabetics can operate a motor vehicle as safely as anyone else; the fact that a few may have complications while driving is not reason enough to discriminate against them. If someone with diabetes applies for a driver’s license, his or her case should be treated individually. What applies to one person living with diabetes does not necessarily apply to another. Not only do diabetics encounter discrimination when trying to get permission to drive, many also face it in the workplace as well.
People with diabetes have the right to own and operate a motor vehicle. Each individual should be assessed and medical records provided to highlight their medical history, as it concerns problems related to their illness. Only based on such a report should a decision be taken whether or not to issue a driver’s license.
Discrimination in any form should not be accepted, so if you have valid reason to feel that you are being discriminated against because of your medical condition, fight back. The American Diabetes Association lists ways to fight discrimination: educate and negotiate, litigate and legislate. In short, educate the offending parties about diabetes and negotiate a course of action suitable to all. Negotiating does not mean giving up your rights. To litigate means to take legal action if your attempt to educate and negotiate was not successful. Next, legislate - that is, take action politically by advocating for changes.
There are three ways to demand your rights if you face discrimination because of your diabetes. Get the necessary information about diabetes to the people in authority; it is generally out of ignorance that discrimination arises. If providing information does not change the situation, you may have to seek legal avenues to secure your rights. Finally, get your political leaders to change laws in favor of the disabled by joining advocacy groups.
Fight against discrimination by educating employers and school officials about diabetes and any complications that may occur. Fear is the driving force behind some of the discrimination diabetics face daily. Once others understand and know more about diabetes their attitude may well change. If all else fails, seek legal representation to protect your rights. Getting the assistance of people in the political arena to call for new legislations is also another great way to protect your rights.
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