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What is the definition of “disability” in the discrimination legislation?
disability attracted the most diverse comments.
The final requirement for a disability to be long term is the same as used in the Jersey Discrimination Law The objective of this time limit is to exclude minor illnesses and injuries.
Original Policy Proposals (2019)
– addition of phrase “Disability includes but is not limited to…”; – Removal of the word “chronic” in relation to “the presence in the body of organisms causing, or likely to cause, chronic disease or illness”
Consultation Feedback (2019-2020)
would have the effect that disability was not – defined at all.
A time limit is vital to differentiate between sickness and disability – Use UK/Jersey definition of disability.
Final – What the States have Agreed (2020)
disability with the following changes:
To provide additional clarity, “impairment” is defined based on the definition of “disability” in several other countries.
Without the unique and untested phrase “which can adversely affect a person’s ability to engage or participate in any activity in respect of which an act of discrimination is prohibited under this Law.” – Exclusions from the Jersey definition of disability are instead covered as a more targeted exception to protect people and property from harm.
In addition, clarification is provided that if the existence of a condition, impairment or illness or the prognosis is in doubt, medical, or other expert, evidence may be required