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WHO ARE PERSONS WITH DISABILITIES?

By: Méns Lucida

Disability Management

Practitioner

05 June 2025

General
1. There remains widespread misunderstanding – and at times misrepresentation – about what disability is, and what it is not. Too often, disability is narrowly defined by medical labels or visible physical differences, overlooking the broader realities of functional limitations and the societal barriers that give rise to exclusion or inadequate accommodations.
2. This module aims to foster a deeper and more inclusive understanding of disability. It presents a structured classification of impairments, acknowledging the vast diversity of physical, sensory, mental, and intellectual conditions that may result in disability. Being informed about the wide range of impairments – including those that are invisible, episodic, or intersecting – individuals and organizations alike are better positioned to uphold the principles of equality, dignity, and reasonable accommodation.
3. It is essential for persons living with disabilities to understand the specific nature and characteristics of their impairment, so they can effectively communicate their needs and advocate for appropriate support. At the same time, organizations have a responsibility to recognize the full scope of disability dynamics in order to design inclusive environments and responsive services. A structured tool for determining or assessing disability is also provided in this module to support consistent and informed identification practices.
Disability vs Impairment
1. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) does not offer a strict definition of “disability”. In Article 1 of this convention, it is stated that “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.” (United Nations, 2006).
2. First, it is important to understand that “impairment” and “disability” are interconnected, but distinct concepts. The difference between these two terms can be explained as follows:
  1. Impairment refers to the loss or abnormality of physiological, psychological, or anatomical structure or function. It pertains to the specific condition affecting an individual, such as the inability to move one’s legs due to a spinal cord injury.
  2. Disability, on the other hand, is viewed as the result of the interaction between persons who have impairments and barriers in the physical, attitudinal, communication, and social environments. In this context, disability is not an attribute of the individual, but rather a complex collection of circumstances, many of which are created by the societal environment.
3. To illustrate with a practical example:
  - Impairment – A person has a spinal cord injury resulting in paraplegia.
  - Disability – The same individual faces challenges in accessing buildings without ramps or elevators, not because of the impairment itself, but due to environmental barriers.
4. This distinction emphasizes that, while impairments are specific conditions, disabilities arise from societal structures that do not consider or accommodate these impairments. Therefore, addressing disability often involves modifying the environment to remove barriers, allowing accessibility and inclusivity. Examples of the barriers in society that persons with disabilities have to interact with, are:
  1. Physical barriers –
    - Inaccessible buildings: Lack of ramps, elevators, or automatic doors in public spaces.
    - Uneven sidewalks and physical obstructions: Rough walkways and obstacles, such as garbage bins and parked motor vehicles on sidewalks, make it difficult for wheelchair users; visually impaired persons; and other individuals with mobility impairments to navigate.
    - Inaccessible public transportation: Buses and trains without wheelchair access or audio/visual announcements.
    - Inadequate restroom facilities: Lack of accessible restrooms with proper handrails and space for mobility aids.
  2. Attitudinal barriers –
    - Stereotyping: Assuming that people with disabilities are helpless or unable to work.
    - Pity instead of equality: Treating persons with disabilities as objects of charity rather than as equal members of society.
    - Exclusion from decision-making: Not involving persons with disabilities in policies or projects that directly affect them.
    - Discrimination in employment: Employers hesitating to hire persons with disabilities due to misconceptions about capabilities and productivity. Employers failing to provide disabled employees with the necessary tools of trade (assistive devices) to aid them in performing their duties.
  3. Communication barriers –
    - Lack of sign language interpreters: The absence of sign language interpreting makes it difficult for persons with hearing impairments to, for example, participate in conferences and to access healthcare, and legal services. What makes it even more complex, is the fact that there is no universal sign language. Each spoken language has its own sign language.
    - Uncaptioned videos: This barrier prevents persons with hearing impairments from getting the detail of verbal explanations on, for example, tutorial or DIY videos.
    - Lack of braille-printed reading material and no verbal announcements: This is problematic for persons with visual impairments who prefer to read braille, e.g., the agenda and minutes of a meeting. It prevents them from accessing important information. Lack of verbal (PA) announcements at, for example, train stations. Elevators without audio assistance and without braille numbers on the control panels can cause confusion for visually impaired persons.
    - Failure to provide alternative communication methods: Not offering text-based communication options for persons with hearing impairments, or picture-based communication options for those with speech impairments, e.g., on the menus of restaurants.
  4. Social environment barriers –
    - Social isolation: Persons with disabilities often experience exclusion from social events due to inaccessible venues or negative attitudes.
    - Bullying and stigmatization: Negative societal attitudes that discourage social interaction and inclusion. For example, thinking that relationships with disabled persons would affect public image or social standing.
    - Lack of Inclusive education: Schools, universities, and libraries not providing necessary accommodations, leading to segregation of students with disabilities.
    - Limited representation in media and leadership: Few role models with disabilities in mainstream media, business, or politics, which demonstrates exclusion of disabled persons.
5. By acknowledging the interaction between impairments and societal barriers, the CRPD highlights the importance of removing environmental and attitudinal obstacles to ensure the full participation of persons with disabilities in society.
6. The above perspective is integral to the social model of disability, which calls for inclusive policies, better accessibility, and attitudinal change to ensure equal participation for persons with disabilities in all aspects of society.

Nature and extent of the conditions from which disabilities may arise
1. As already indicated, impairment pertains to the specific condition affecting an individual (the loss or abnormality of physiological, psychological, or anatomical structure or function). In this regard, conditions can be –
  1. Temporary conditions. These are conditions that last for a limited period and typically improve or resolve with treatment or time. Although temporary, they can still cause significant functional limitations during recovery. Examples are:
    - Broken limb (e.g., fractured leg or arm) that can temporarily affect mobility or the ability to perform daily tasks.
    - Concussion that affects cognitive functions such as memory, concentration, and balance, but usually improves with rest.
    - Severe infection (e.g., pneumonia and meningitis) that may cause temporary breathing difficulties or neurological effects.
    - Post-surgical recovery. After major surgery, mobility, vision, or cognitive function might be impaired for weeks or months.
  2. Re-curing conditions. These are conditions that occur periodically, often in cycles or flare-ups, with periods of remission or relief in between. It may require ongoing management, but is not necessarily present all the time. Examples are:
    - Epilepsy that causes recurring seizures. It is usually unpredictable, affecting daily activities and work.
    - Multiple Sclerosis (Relapsing-Remitting Type). This is a neurological disorder that causes episodes of weakness, numbness, or vision problems, followed by periods of recovery.
    - Severe asthma that can result in sudden breathing difficulties, limiting physical activities when attacks occur.
    - Bipolar Disorder that is characterized by alternating periods of mania and depression, affecting mood, energy, and concentration.
  3. Progressive conditions. These conditions worsen over time, gradually leading to increased disability. They may start with mild symptoms, but can become severe as the condition advances. Examples are:
    - Parkinson’s Disease – a degenerative condition affecting movement, causing tremors, stiffness, and coordination issues that worsen over time.
    - Alzheimer’s Disease – a progressive neurological condition that leads to memory loss, confusion, and cognitive decline.
    - Muscular Dystrophy – a group of genetic disorders causing progressive muscle weakness and loss of function.
    - Glaucoma – progressive eye disease that leads to gradual vision loss and, if untreated, can lead to blindness.
  4. Long-term or permanent conditions. These conditions result in lasting disabilities that may be present from birth (genetic) or acquired due to injury (sustained). It involves long-term adaptation for the affected individual and usually requires assistive devices, or medical support. Examples are:
    - Spinal cord injury – this condition can cause permanent paralysis or reduced mobility, depending on the level of injury.
    - Cerebral Palsy – lifelong movement and coordination disorder caused by brain damage before or during birth.
    - Deafness or blindness – these conditions can be present from birth or result from illness, injury, or progressive conditions.
    - Amputation – permanent loss of a limb, requiring prosthetics or mobility aids.
2. As seen above, the CRPD in its description of “persons with disabilities” only mentions “long-term” as the nature of the impairments that it refers to. Now the obvious (and frequently asked) question is: Are persons who have temporary, or recurring, or progressive impairments, that may give rise to disabilities, excluded from the scope of applicability of the CRPD? And looking beyond the CRPD, are such “short-term or occasionally affected individuals” excluded from enjoying the rights that were constituted for the protection and promotion of the equality of persons with disabilities?
3. There are, for example, individuals who experience anxiety or depression, or who were diagnosed with epilepsy, but it is not severe and does not substantially impede their functioning in performing their daily activities. Can such individuals be considered as persons with disabilities?
4. The CRPD does not explicitly address this issue. To understand the scope of the CRPD in the relevant regard, requires interpreting its reference to the nature and extent of impairments. It might look as if the CRPD identifies “long-term” as a qualifier for the impairments that may give rise to disability. It is important to note, however, that the CRPD uses the term “include” rather than “limited to”, which suggests a degree of interpretive flexibility.
5. While the CRPD explicitly references “long-term” impairments, it does not exclude conditions that are progressive or recurring in nature. The interpretation of “long-term” in international human rights law often includes conditions that are not immediately permanent, but which have lasting effects over time.
6. Furthermore, the CRPD in paragraph (e) of its Preamble recognizes: “…that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers” (United Nations, 2006). This flexible understanding allows for the inclusion of persons whose impairments may not be strictly permanent, but still significantly hinder participation when societal barriers are present.
7. With regards to Jurisprudence, it can be mentioned that interpretative guidance from United Nations treaty bodies and related human rights mechanisms generally adopted an inclusive approach. For example, the Committee on the Rights of Persons with Disabilities, in its General Comments and concluding observations, often included individuals with recurring or progressive conditions in the scope of the CRPD. Moreover, the Court of Justice of the European Union, in interpreting similar language in EU non-discrimination law, has held that conditions such as long-term illness, cancer, and even mental health episodes can fall within the concept of disability if the impairment substantially limits participation in professional life [Ring v Dansk Almennyttigt Boligselskab, Case C-335/11].
8. It can be concluded that, although the CRPD uses the term “long-term” in its description of persons with disabilities, the inclusive language and evolving nature of disability support a broader interpretation. Therefore, individuals with recurring or progressive impairments should be considered within the CRPD’s protective scope. This reflects the broader principles of dignity and accessibility promoted by disability rights instruments.
9. While temporary impairments may fall outside the formal scope of the CRPD, it remains prudent to consider the limiting circumstances of individuals who are temporarily impaired, particularly in the context of providing reasonable accommodation on an ad hoc basis. Such accommodations may, in specific instances, align with the broader spirit of disability inclusion. For example, a person with a fractured leg who uses crutches and travels by train should, during the recovery period, be permitted to occupy seating designated for passengers with disabilities. Similarly, an individual recovering from major surgery may require personal assistance for a limited time. However, these individuals would not qualify as “persons with disabilities” as defined in equality legislation.
10. The test that should be used to determine disability is to establish whether the functional impact of the individual’s impairment, in interaction with societal barriers, substantially hinders participation in societal activities on an equal basis with others. The key elements / qualifiers are:
  1. “functional impact” – The impairment is relevant only insofar as it interacts with the environment to bring about functional limitations… (with criteria list)
  2. “substantially hinders” – noticeably limits one or more major life activities… (with criteria list)
  3. “on an equal basis with others” – comparison to non-disabled peers… (with criteria list)
11. The above approach aligns with international human rights instruments and underscores the role of societal structures and attitudes in shaping the experience of disability. It shifts the focus from medical diagnosis to functional impact, and from individual deficit to systemic change, thereby promoting the removal of barriers for individuals whose impairments result in significant participation restrictions.