European League of Stuttering Associations

ELSA, Zülpicher Str. 58 D-50674 Köln, Germany
Tel. +49 221 139 1106    fax + 49 221 139 1370
e-mail elsa@bvss.de
ELSA, 31 Grosvenor Road, Jesmond, Newcastle-upon-Tyne, NE2 2RL, Great Britain
Tel. +44 191 281 8003    fax+44 191 281 8003
e-mail elsa.europe@totalise.co.uk

The Voice of ELSA

Spring 2001

An ELSA Survey among European National Stuttering Associations

STUTTERING, DISABILITY AND DISCRIMINATION

Many National Stuttering Associations and people who stutter have been discussing the question of 'Is stuttering a disability?' for many years. The debate often brought into focus current legislation for disabled people and what that legislation can do for PWS. Many people with severe stutters may consider that being disabled could help in their day to day lives. Others with less a severe stutter may not wish to associate themselves with being disabled. Often it is a very personal thing but is clearly linked to the perception of disability and the legislation applicable to the person who stutters.

What is discrimination?
The question of discrimination against people who stutter is closely - even though not necessarily - linked to the issue of disability. "Discrimination" can be defined as treating someone unfair and denying his or her equal rights on the ground of certain personal features - for instance sex, faith, physical or mental particularities. Similar to the question whether or not a person with a handicap feels disabled, discrimination may be a matter of personal consideration. However, generally there is no doubt that people with a speech handicap are potential victims of discrimination.

The Amsterdam Treaty 1997
At EU level, the impact of the Amsterdam Treaty and non-discrimination clauses will hopefully soon be felt all over Europe. Disability Organisations have been campaigning since 1990 at EU level to include a non-discrimination clause in the EU Treaties. The Amsterdam Treaty, agreed in 1997, included article 13 in the Treaty establishing the European Community. Article 13 now reads:

"Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation."

On 5 October 2000 the European Parliament voted to support breakthrough anti-Discrimination legislation which for the first time clears the road to concrete non-discrimination legislation for disabled people in the European Union. This Parliamentary act demonstrates a commitment by the European Union to new and progressive initiatives to combat discrimination in Europe.

Protection against discrimination
This Directive, when finally adopted by the Member States, will provide important protection against discrimination in the field of employment and training for 37 million disabled citizens in the EU. The view of the Disability Organisations is that this Directive will prepare the ground for further legislative measures at Community level to address all forms of discrimination within all areas of Community competence. ELSA has sought information from its membership of the national stuttering associations on the situation with respect to discrimination legislation in their country. The following questions were asked:
  1. Is there an anti-discrimination legislation in your country? That is, does your country's governmental constitution contain a clause forbidding discrimination against people with disabilities? If not, is it being discussed by the government and people of your country?In your National Stuttering Association, is there a discussion on whether or not people who stutter are potential victims of discrimination? If so, are you aware of any particular areas in which discrimination happens (e.g. school, employment…)?
  2. Are there or will there be particular actions taken by your national stuttering association to combat discrimination against people who stutter?

Stuttering, Disability and Discimination - Conclusions

Please note that the answers do not necessarily reflect the exact situation of each country. The survey represents a snapshot of opinions returned from individuals and Board Members within the ELSA membership. For a full assessment of the status of each country's legislative situation reference to legal documentation in the respective country is recommended. However, the results certainly give an interesting overview of how National Stuttering Associations are dealing with the issue of stuttering and discrimination. The main findings can be summarized as follows:

  • Most countries have anti-discrimination clauses as part of their constitution or other legislation.The main areas in which potential or actual discrimination can be identified are employment and education (particularly school). Two countries (Sweden, UK) regard neglection of therapeutic services as a form of discrimination which adds an interesting dimension to the discussion.The majority of associations agree that lack of information is one of the main sources of discrimination. In consequence, spreading information and educating the public and particular target groups (employers, teachers) is seen as a way to both preventing and combating discimination.
  • Most answers state that there is discrimination against people who stutter but none of the countries report actual cases which have gone to court. (In Sweden, one case was settled by appealing to the Ombudsman.) It is not clear whether this is due to lack of cases with juridical relevance or no one so far persued this direction.

The survey will hopefully stimulate future discussion and exchange of information. This is how you can keep at it:

  • If you or your National Stuttering Association want to add to your country's replies for a future edition of Voice of ELSA, please make contact with us.See the ELSA homepage for more Discrimination links and information.
  • ELSA together with the ISA is planning a workshop on discrimination at the 6th World Congress in Ghent. You are welcome to attend.

Answers from the following countries are presented:
Austria
Bulgaria
Denmark
France (AVB)
France (APB)
Germany
Iceland
Israel
Lithuania
The Netherlands
Poland
Sweden
Switzerland
United Kingdom

Austria

  • In Austria there are laws to prohibit discrimination against disabled persons. For example a certain percentage of disabled employees is prescribed to enterprises. However, an enterprise can evade this liability by paying an annual fee, which is common practice. Generally, there is widespread disagreement (even inside ÖSIS) whether people who stutter should be regarded as disabled or not.Of course, within ÖSIS there are discussions concerning discrimination, in particular concerning problems in finding a job. Actual cases have come to our knowledge, unfortunately only afterwards, though.
  • Our colleagues in Tyrol have with great success organised activities in school classes in which stuttering children were among the pupils, with the aim of raising understanding and tolerance within the class community. Specific actions to draw the public's attention to discrimination were not attempted so far.
[Markus Preinfalk]

Bulgaria

  • Bulgarian legislation and governmental constitution are in harmony with the spirit of modern West European societies. Many laws are being changed positively according to the requirements of the EU. Our society is in a period of transition in every side of life.The question about potential victims of discrimination of PWS is always present in our local and national meetings. We think that the hidden problem is the hiding of the existence of the very problem. It is a question of more and more information among PWS.
  • The realistic practical goal is to inform responsible governmental institutions and society as whole about the nature of stuttering and problems of PWS which create psychological and social conditions. Our country is going through deep economic and social crisis and ordinary people including PWS are thinking more about their normal human existence.
[Peter Tonev]

Denmark

  • There is no anti-discrimination legislation in Denmark. It has been discussed during the last many years both in the handicap field and in the dialog between the handicap field and the Government, but there has been a strong tendency to say that we do not want a special legislation for handicapped people in Denmark. This is due to the viewpoint that handicapped people are as good as anybody else in Denmark, and that the legislation in Denmark in all parts of the society should reflect mainstreaming for all Danish citizens. However, sometimes we have a discussion also amongst the handicap organisations in Denmark if we should work for an anti-discrimination legislation, and right now the discussion is up again due to a new EU directive. There will be a conference on the subject in January 2001.There are different viewpoints about how to look at stuttering in the Association for Stutterers in Denmark. Some see stuttering as a handicap, others don't. But there has been no proper discussion in the association on the subject as well as I know. However, the Stuttering Information Centre of Denmark made a survey some years ago which showed that some stutterer's had experienced discrimination when they had applied for a job.
  • The Association for Stutterer's in Denmark and the Stuttering Information Centre of Denmark have planned a survey about the politics of certain Danish semi-public establishments (the police, the military, salvage corps etc.) about employing people who stutter. We are just in beginning of this survey and we can't say anything now about what the survey will show. Furthermore I can say, that the Association for Stutterer's in Denmark have participated in the above mentioned conference and together with the Danish umbrella Organisation for Handicap Organisations in Denmark are participating in further steps from here.
[Per F. Knudsen]

France (AVB)

  • In France, there is no specific wording in the Constitution forbidding discrimination of an handicapped person. Nevertheless, the 1st Article says that "all men stay free and equal in rights". That means there should be no difference with regard to race, religion, political mind or handicaps. On 12th October 2000, the 'Assemblée Nationale' adopted a first draft of a project against discrimination. This project specifically palces the emphasis on discriminations in employment but it considers handicapped people, too. A legislation has already existed for many years. One point mentions the obligation to hire a handicapped person as soon as the company exceeds 50 employees. But many companies avoid this law through paying a special fund which exempts them from the rule. In companies' rules, there have also been arrangements for a lot of years in favour of handicapped employees but, unfortunately, very often, these arrangements are not applied, or not observed in everyday life. There are also rules in schools, institutions or companies which foresee technical integration (through easy access to the working place) or the moral integration through increasing students, teachers or employers' awareness of persons who have a physical or a mental handicap.Within the AVB, Association Vaincre le Begaiement, we have been collecting for a long time documents on discrimination and we have many evidences of discrimination of stutterers. These stutterers are not only potential victims but a lot of them are aware that they are : rejected or put aside by even close persons (not enough time is dedicated to them, especially when the stuttering is heavy, not admitted to examinations, competitive entries or interviews, disqualified for professional promotion because the way they talk does not allow them to hold meetings, answer customers, talk on the telephone, etc.
  • The actions undertaken to fight discrimination are to collect evidence, to supply stutterers with articles or extracts of rules concerning the banning of discrimination, to co-operate with other associations of handicapped people - physically or mentally - to organise working groups. Thus, these people feel not only less alone but they get the support to defend their case.
[Hubert Zeiger]

France (APB)

  • Legislation in France contains anti-discrimination laws. First, penal code articles 225-1 to 225-5 named "Offence against dignity of the individual" states that a distinction between individuals based on handicap is a discrimination that constitutes an offence. This article refers to Labour laws L122-45 for discrimination in employment.As a national association, APB is aware of discriminations that people who stutter confront, especially in school and employment. Discussion about how to deal with this problem has already taken place in our meetings .
  • APB participated in a study on problems of PWS towards employment. Results were presented during the APB's Second National Conference held in May 1999 in Paris. This presentation was followed by a discussion involving persons who stutter, speech therapists and a member of the organisation in charge of the management of employment reserved for disabled persons. Moreover, we think that main action to fight discrimination is information about stuttering, and that the best way to spread this information is that people who stutter become campaigners for this cause. Many of our actions target this goal, but we are in France at the very beginning of this process.
[Olivier Humez]

Germany

  • Since 1994 the German constitution contains a clause forbidding discrimination against people with disabilities. Article 3 states, "Every person is entitled to equal treatment irrespective of any handicap". This amendment to the basic law was very much welcomed by disability organisations in Germany but it soon became obvious that the clause alone does not change the situation of handicapped people unless it is backed by a specific legislation regulating its implementation.From 1998 the Bundesvereinigung Stotterer-Selbsthilfe together with more than 100 disability organisations participates in a nation-wide anti-discrimination campaign. Before starting the campaign we identified areas in which people who stutter are potentially discriminated against. The result of our discussions was that there are two main areas: employment and school. In our current work we are concentrating on stuttering and school. Stuttering pupils are being discriminated against if they cannot attend a school of their choice because they stutter. There is also discrimination when stuttering as a handicap is not considered in oral examinations.
  • As said above, the BV participates in a nation-wide anti-discrimination campaign. Our main point is that most discrimination against stuttering pupils is due the lack of information. Teachers do not know that stuttering is a disability and that, accordingly, pupils who stutter are entitled to compensations when it comes to marking and oral examinations. We are doing intensive information work towards teachers and schools. In addition, we organised attractive events such as an information bus tour in 2000.
[Konrad Schäfers]

Iceland

  • Yes, there is anti-discrimination legislation in Iceland. The law covers the rights for education, health and social service. It also covers employment at state and local authorities, stating that a handicapped person with equal qualifications shall be preferred to a non-handicapped person for a job. There has been no discussion on this subject in recent years. We made an informal survey among members some 6-7 years ago trying to find out the job status of these people. We found that many people have chosen a job or career that requires minimal speech capabilities, but that is their own choice and not discrimination in my opinion.
  • There are no planned actions to be taken by Málbjörg
[Benedikt Benediktsson]

Israel

  • There is anti-discrimination legislation for people with disabilities here in Israel. In fact there is a special law dated from 1998 called: "A law of equal rights for people with disabilities". After reading this law and after discussing it with a lawyer (who is a specialist for rights of ill people) my impression is that from the legal point of view the issue of people with disabilities is treated in a fair way here in Israel. Although it maybe better. For example in my opinion people with disabilities deserve priorities in subjects like getting a job and more. Such priorities are still not part of law in Israel. Yes there is discussion about this issue in our association. Our gut feeling is that there is a discrimination of PWS in areas like: - Employment; - in match making offices. My personal feeling is that the origin of this discrimination is mainly due to public awareness towards the issue of stuttering. People simply don't know what stuttering is and there are a lot of stupid prejudices that ties stuttering with stupidity, incapability etc.
  • We are trying to collect information from PWS in order to find solid evidence of discrimination that will be applicable in court. Till now we found one case of a man that says that a personal manager in a company in which he wanted to work said: "I don't want that crazy stutterer in my company". Our problem in this case that the only man that may testify is working in that company and it does not seem he will be ready to testify. Maybe we will be able to work on this case in a different approach. According to the "law of equal rights for people with disabilities" a company that has more than 20 employees must employ a certain number of people with disabilities. Maybe we will be able to do something with this.
[Benny Ravid]

Lithuania

  • The Lithuanian constitution does not contain any clause forbidding discrimination against people with disabilities. The only article covering the issue of discrimination reads: "All people are equal to the law, justice and other state institutions or state representatives. Human rights must not be restricted and privileges must not be allowed because of sex, race, nationality, language, descent, social status, faith or opinion." There is still no discussion regarding these questions in the government and in public. There is no discussion on this question in our association because we do not see any reason for doing so. Following the ELSA seminar on stuttering and employment in Fakse Ladeplads/Denmark, I tried to raise the issue but there was no support. Until now we don't see any evidence of such discrimination. Luckily, all our adult members who have a proper education have found jobs.
  • We do not take any particular actions since so far we did not notice any discrimination against people who stutter. Nevertheless it is planned to raise this question in our association and other disability organisations in the first quarter of this year aiming at preventing potential discrimination. Article 3 of the German Constitution is a good example for us.
[Vidunas Ramsa]

The Netherlands

  • Yes, there is an anti-discrimination legislation in The Netherlands. Article 1 of our constitution says (freely translated): Everyone being in The Netherlands is being treated in equal cases in equal ways. Discrimination because of religion, philosophy of life, political persuasion, race, sex, or on any other base, is not accepted.From 16-22 October 2000, the Dutch Stutter Federation (Demosthenes and the therapists' association) organised a national Stuttering Awareness Week. The theme of this week was "Stuttering and Employment". Amongst others, this week has been organised to raise awareness about stuttering amongst employers and combat discrimination against people who stutter. So the answer to the question is yes, there is a discussion.
  • See question 2. In future, there certainly will be more actions. We will keep you updated.
[Alien Timans]

Poland

  • As a result of actions undertaken by the National Council of Disabled Persons, the Polish Parliament in August 1997 passed a bill introducing the Charter of Disabled Persons' Rights. There is an entry that disabled persons must not be discriminated against. The Polish Parliament stated that the rights included in the charter resulted from the Constitution, the Declaration of Human Rights, the Declaration of the Rights of the Child, Standard Principles of Equal Chances for Disabled Persons and international and national law provisions. An anti-discrimination act including the right to sue is being discussed. ....PAPS identified discrimination against people who stutter in the field of employment.
  • PAPS is an active member of the Polish National Council of Disabled Persons and strongly supports their policies.
[Boguslaw Pietrus]

Sweden

  • Yes, since 1 May 1999 we have an extra clause to our already existing anti-discrimination law, now also including people with disabilities. I've tried several times to start a discussion and collecting examples of discrimination against people who stutter, but so far I haven't been successful. Is seems that the people I've reached don't consider themselves discriminated. On the other hand I myself have been contacted by some people who have been discriminated, but have no proof and/or don't want to proceed with any legal actions. These examples were in a job interview, at work, on the phone and trying to get a health insurance. The actions being taken were several calls for examples of discrimination, but so far no one has officially contacted us. As soon as we find an example and the people want to take legal measures, we will proceed with the issue together with the person(s) in question, the SSR and the Discrimination Ombudsman and/or Child Ombudsman.
  • NOTE: Before this extra clause in the discrimination law, the SSR has been active to guarantee children speech therapy, as in one town, the Speech and Language Pathologists only help children and adults not in school, while the school directed us back to the SLP. With help of the Discrimination Ombudsman the children now are entitled to get help. The SSR is working closely together with the National Disability Association on discrimination issues.
[Anita S. Blom]

Switzerland

  • Our constitution lays down the rules for the basic and civil rights in article 8. Paragraph 4 reads: "Legislation provides measures abolishing discrimination of the disabled." As this planned law has not yet come into effect a bill was put forward by a people's initiative. At the same time the administration worked out a counterproposal. A referendum on these two bills must be organised by 2003. The Swiss legislation will probably be similar to - which actually means identical with - the ones in our neighbouring countries. Labour legislation is presently put on the side since extended regulations are being discussed. It is regarded as progressive that there will be a right to sue for the individual disabled person but also for organisations of the disabled who will have a right to appeal as well. Further details can be obtained from the website of the Swiss Department of Justice at www.ofj.admin.ch
  • · Of course, we discuss this topic within VERSTA. We also make it a point to support people with fluency disorders who are being discriminated against in such areas of everyday life as school or job. However, I know of only a small number of provable cases.
  • Regarding discrimination one emphasis is being laid upon informing and educating the public through the media about stuttering and its effects on people concerned. As we could see the reason for discrimination often is a lack of information. Concrete measures are as follows: As a part of our annual programme 2001 we are planning an informational event in Eastern Switzerland on stuttering and what effects it can have. This event will involve all interested groups such as people who stutter and their families, speech language therapists and school authorities. The media will support us in this matter. Another project is presently being executed by Swiss television in co-operation with VERSTA. People who stutter will be shown before, during and after a VERSTA intensive seminar. Thus other
  • .... stutterers and the public can be informed about the fact that change and improvement is possible. Our further aims are to establish the image of an active organisation which supports stuttering persons who do not want to accept their situation but change it effectively; to communicate the broad range of our activities aiming at counselling and supporting people who stutter according to their wishes, and to create an image in public in which the spotlight is not put on the stuttering person but rather on the human who makes his or her contribution to society. Then we can speak of real equality of rights.
  • Equality of rights begins in our heads - but also in the heads of people who stutter who want to break the limits set by themselves in order to reach their future goals. Do we want good-will or a protected atmosphere and pity?
  • We will appreciate any questions and suggestions. (info@versta.ch)
[Beat Meichtry]

United Kingdom

  • Yes, there is anti-discrimination legislation for disabled people in the UK, principally the Disability Discrimination Act 1995. This covers employment, provision of services and certain other areas. However, we are not clear from the second sentence of your question whether you are only interested in anti-discrimination rules which form part of the constitution. You may know that the UK does not have a "written constitution". The main anti-discrimination legislation in the UK, the Disability Discrimination Act 1995, is not constitutional. How far other UK-wide laws which may have disability discrimination implications (particularly relating to the European Union or the European Convention on Human Rights) can fairly be said to be constitutional does not seem important from a UK perspective. However, we understand that constitutional legislation for certain constituent parts of the UK (such as Scotland or Wales) to which power has been devolved or transferred has some disability discrimination implications. If you want further details on any of the above, we would need to discuss with you exactly what you require. Generally, Allan Tyrer's website at www.atyrer.demon.co.uk/stammer/dda looks at UK anti-discrimination legislation in the context of stammering. The BSA conducted a survey among our members and found discrimination and equal access to opportunities in employment to be of particular concern. We have also come across individual cases of discrimination in the field of provision of services and education and training. Two areas we find involving greater risk of discrimination are: secondary school students selecting careers, and people being selected (interviewed) for a job. In the latter example, it is unclear how and where the defining line is set between discrimination and unsuitability for a job. Is a person not selected for a job because their stammering at the interview disguises the competence and communication skills they have in normal situations? Or is a person not selected because of their stammering qua stammering, regardless of their qualifications and abilities to relate to people and communicate a point? Or did the stammer have nothing to do with the person not being selected?
  • To address these two areas, the BSA has secured National Lottery funding for an information and research officer. This person will produce information for employers and people who stammer on issues of communication and discrimination in the workplace. The first stage of the project is to provide practical information for employers and people who stammer about the issues affecting people who stammer at work. The employer publication will suggest simple and effective ways to enable PWS to give their best to a job, and include the rights and responsibilities of employers as stipulated in the Disability Discrimination Act 1995 (DDA). The information for PWS will be framed in terms of self-advocacy, giving practical advice and examples on how to communicate well at interviews and in the workplace. Information on employee rights under the DDA will be included. The BSA also has an Education Officer dealing with issues of stammering in schools.
  • [Andrew Harding]

Contents

Front page

Stuttering, Disability and Discrimination
A Survey Among European National Stuttering Associations

Towards a National Stuttering Centre in Poland

The ELSA Youth Meeting 2000 in Sweden

ISAD 2000 in Finland

Stuttering Children's Association in Finland

Brief News