Diabetes Based Discrimination:
Introduction:
Discrimination occurs where one person is treated less favourably than another person simply because they belong to a certain group or category. Below we have distinguished between two types of discrimination to illustrate how diabetes based discrimination operates in Ireland:
The first type we have termed "illegal discrimination" which may happen to a person when their rights under Equal Status and Employment Equality laws are violated; i.e. where an employee has been treated prejudicially by your employer because he/she has diabetes.
Examples of this in employment may be where an employer does not give an employee reasonable time to check blood sugars during work or not allowing time to eat during work to prevent or deal with a hypo. In terms of a violation of equal status laws an example might be where a person with diabetes is not hired or is passed over for promotion because he /she has diabetes. It is important to note that those working in the Garda Síochána, defence forces, emergency services and prison services are expressly excluded from the protection of certain elements of equality legislation.
The second type of discrimination we term "legally permissible discrimination". This refers to discrimination which is built into various laws and regulations which affect people with diabetes negatively and allow prejudicial treatment to persist. Examples of these are the blanket bans on employment for certain jobs or and exclusions from protection of equality laws, as mentioned above.
Diabetes Action is opposed to any form of blanket discrimination against people simply because they have diabetes, whether allowed under existing laws and regulations or not. We do not accept that any of the many exclusions are justifiable in all cases, as a blanket ban implies, and we believe that all are potentially open to legal challenge.
|
"Illegal Discrimination":
|
"Legally Permissible Discrimination":
|
|
|
Below you can download a discrimination self-help guide. This document aims to give information about illegal diabetes based discrimination, how to identify if someone’s conduct towards you is discriminatory and what you may be able to do about it. Download information pack below:
|
Employment Bans: Bans exist in the defence forces, the Gardaí, emergency services, on railway workers, bus drivers, some heavy vehicle drivers and any work on the sea. Frequently these bans or prohibitions only become apparent when a person with diabetes applies for a position in one of these areas or when an existing employee develops insulin dependent diabetes. The bans exist because some of the treatments for diabetes can cause a low blood glucose level, which can lead to unpredictable impairment of consciousness and reduced ability to drive or operate machinery. In extreme cases it can lead to unconsciousness. This arises as a side-effect from the medication used in the treatment of diabetes rather than from the condition itself and is becoming increasingly uncommon and preventable. These bans therefore reflect out-moded views about diabetes which have become increasingly inequitible over time. Diabetes Action wants to see blanket bans replaced by a system which combines individual assessment and reasonable accommodation. Reform in this area will need to be led by the State and Diabetes Action is lobbying the Minister for Justice on these issues. Internationally the Diabetes Federation of Ireland is working with Diabetes UK on a European level to achieve reform. Other Sources of Discrimination: Diabetes can be grounds for refusing eligibility to adopt a child and to securing insurance and life assurance cover. The Diabetes Federation has had some success in seeking chance, the ban on people with diabetes becoming horse jockeies has been removed recently and work is ongoing to remove a smiliar ban in competative boxing. |
*This page aims to give only a brief introduction to the issues involved in diabetes based discrimination in Ireland; it is by no means a comprehensive overview of the topic.
