Oxford LibGuides: Disability History Resources: Legislation

Key Legislation

UK Legislation
Legislation from around the World

Prerogativa Regis (1322) (17 Edw II c.10)
One of the first pieces of legislation explicitly dealing with disabled people, this allowed the English monarch to seize the property of people with a mental illness or disability.
The Statute of Cambridge (1388) (12 Rich II c.7)
Distinguishes between “sturdy beggars” capable of work and “impotent beggars” incapacitated by age or disability; and makes each area responsible for its own poor.
Poor Law (1535) (27 Hen VIII c.25)
First law to require town and parish councils to look after ‘aged, poor and impotent’ people born or living in the locality, rather than simply allowing them license to beg.
Poor Law (1572) (14 Eliz c.5)
Appoints overseers' of the poor who assess the parish's provisions for its local poor. Also introduces a compulsory poor rate paid by locals and makes refusal to work for lawful wages or work provided by the overseer a punishable offence.
Act for the Necessary Relief of Soldiers and Mariners (1593) (34 Eliz c.4)
States that: ‘Every parish shall be charged with a sum weekly towards the relief of sick, hurt, maimed soldiers and mariners.' The amounts to be collected are increased in amending acts passed in 1597 and 1601.
Act for the regulation of Private Madhouses (1774) (14 Geo III c.49)
Enshrines the role of a doctor in ‘certifying’ madness.
The Poor Law Amendment Act (1834) (4 Will IV c.76)
Sets out that relief should only be available to those within the workhouses. This results in more and more disabled people being forced into institutions.
Lunacy Act and County Asylums Act (1845) (8 & 9 Vict c.100 & c.126)
The Lunacy Act (p694) and County Asylums Act (p857) require asylums to be registered and have a resident physician. Patients lose their legal rights to challenge their detention and the Lunacy Commission is set up, which stresses the need for early removal from the home.
The Lunacy Act (1890) (53 & 54 Vict c. 5)
Brings in a system of orders and certificates to prevent the wrongful admission of people to asylums. Unnecessary restraint becomes an offence
Mental Deficiency Act (1913) (3 Geo V c.28)
Requires local authorities to maintain ‘mental deficiency’ institutions and set up supervised community care and control. Also provided for the segregation of “mental defectives” in an ascending order of vulnerability;
Blind Persons Act (1920) (10 & 11 Geo. c.5)
After disabled war veterans and blind workers marched on London, this Act was passed requiring local authorities to register the blind and make arrangements for their welfare. It's the first legislation to be introduced and supported by disabled people.
The Mental Treatment Act (1930) (20 & 21 Geo V c.23)
Brings in the concept of voluntary patients and recommends out-patient clinics and observation wards.
The Disabled Persons (Employment) Act (1944) (7 & 8 Geo VI c.10)
Sets up a quota system requiring employers with 20 or more employees to ensure that at least 3% of their workforce are disabled people. Also introduces the first legal definition of a disabled person.
National Assistance Act (1948) (11 & 12 Geo VI c.29)
Extended the right to National Insurance that would pay for out for the sick or unemployed to people who could not pay into the National Insurance scheme, like disabled people, the homeless and unmarried mothers.
The Mental Health Act (1959) (7 & 8 Eliz II c.72)
Encourages the development of community care and defines mental disorders as distinct from learning disabilities. States that patients should only be admitted on a voluntary basis unless seen as a danger to themselves or others.
The Chronically Sick and Disabled Persons Act (1970) (18 Eliz II c.44)
First legislation in the world to recognise and give rights to disabled people. Local authorities are told to provide welfare services, housing, assistance and adaptations to people’s homes. And to provide equal access to recreational and educational facilities, including help with travel. Buildings open to the public are required to provide parking and toilet facilities for disabled people and disabled driver badges for cars are introduced.
Disability Discrimination Act (1995) (43 Eliz II c.50)
Makes it illegal to discriminate against disabled people. Service providers must now make reasonable adjustments to enable disabled people to access their services
The Representation of the People Act (2000) (48 Eliz II c.2)
Allows patients in mental hospitals who are not guilty of a criminal offence, to vote.
The Disability Discrimination (Amendment) Act (2005) (53 Eliz II c.13)
Introduces the Disability Equality Duty for public bodies to promote disabled people’s equality and involve them in the design of services and policies. People with learning disabilities have the right to make their own decisions when possible.
Equality Act (2010) (58 Eliz II c.15)
Outlaws direct or indirect discrimination and harassment against disabled people. It also outlaws discrimination because of association with a disabled person or because of the perception that someone is disabled
British Sign Language Act 2022
A Bill to recognise British Sign Language as a language of England, Wales and Scotland; to require the Secretary of State to report on the promotion and facilitation of the use of British Sign Language by ministerial government departments; and to require guidance to be issued in relation to British Sign Language.

United Nations

Declaration on the Rights of Mentally Retarded Persons (1971)
Sets out the rights 'mentally retarded persons' and establishes that they are equal to those of other human beings.
Convention on the Rights of Persons with Disabilities (2007)
The first international, legally binding instrument setting minimum standards for rights of people with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.

America

The Social Security Act (1935) (49 Stat. 620)
Thanks to the Great Depression, the US establishes a system of benefits for victims of industrial accidents and aid for persons who are blind, and persons with disabilities.
National Mental Health Act (1946) (60 Stat. 421)
Establishes and provides funds for a National Institute of Mental Health (NIMH), first recognition by the government that disability was not just physical.
Americans with Disabilities Act (1990) (104 Stat. 327)
Prohibits discrimination based on disability and requires covered employers to provide reasonable accommodations to employees with disabilities, as well as imposing accessibility requirements on public accommodations

Canada

Canadian Human Rights Act (1977)
Ensures equal opportunity to individuals who may be victims of discriminatory practices based on prohibited grounds, including disability.
Constitution Act - Canadian Charter of Rights and Freedoms (1982)
Guarantees that persons with disabilities are protected by and will receive the same benefits under the law as any other Canadian. Making Canada the only country in the World explicitly protecting people with disabilities from discrimination in their constitution.
Accessible Canada Act (2019)
Builds on the Canadian Human Rights Act, focusing on the prohibition of discrimination based on disability. The first national Canadian legislation on accessibility that affects all government departments and federally regulated agencies

China

Constitution of the People's Republic of China (1982)
Ensures protection for individuals with disabilities granting them the right to material assistance, social insurance, social relief, and medical and health services as well as requiring the State and society help make arrangement for the work, livelihood and education of disabled citizens.

India

Indian Lunacy Act (1912)
An act consolidating previous British Acts on the topic of mental health dating back to the 1850s.
Mental Health Act (1987)
Further consolidates the law relating to the treatment and care of mentally ill persons focussing on their rights to treatment and the handling of their property.
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (1995)
Ensures equal opportunities for the people with disabilities. The Act provides for both the preventive and promotional aspects of rehabilitation like education, employment and training, creation of barrier- free environment, rehabilitation, unemployment allowance, special insurance and establishment of homes for persons with severe disability etc
Rights of Persons with Disabilities Act (2016)
Enacted to fulfil India's obligations under the UN Convention on the Rights of Persons with Disabilities, ratified by India in 2007.

Exhibition for 50th anniversary of Chronically Sick and Disabled Persons Act (CSDPA)

A Modern Magna Carta: Alf Morris and the Chronically Sick and Disabled Persons Act

A 2020 exhibition to mark the 50th anniversary of the Chronically Sick and Disabled Persons Act.

This LSE exhibition tells the story of the passing of the Act largely through extracts from the papers of Alf Morris MP, who plotted its journey through Parliamentary processes and onto the statute book.

Morris became the World's first Minister for the Disabled in 1974 and continued to fight for disability rights throughout his career, including the Disability Discrimination Act which also celebrates its 25th anniversary in 2020. He was made Lord Morris of Manchester in 1997 and LSE Library is the custodian of his papers.

No feet to drag : report on the disabled by Alfred Morris and Arthur Butler.
ISBN: 0283978678
Publication Date: 1972
Includes the text of the Chronically Sick and Disabled Persons Act 1970

Sources for UK Statutes

The Statutes Project
A website with the aim of providing the entire corpus of English/British parliamentary law online, for free. It's great for finding copies of older statutes not published by the National Archives
Legislation.gov.uk
For modern legislation, this website is managed by The National Archives on behalf of HM Government and publishes most (but not all) types of legislation and their accompanying explanatory documents.

Sources for Global Statutes

Disability Laws And Acts By Area
A list of disability legislation from around the world made by the UN Department of Economic and Social Affairs.

Disability History Resources: Legislation

Introduction

Key Legislation

Exhibition for 50th anniversary of Chronically Sick and Disabled Persons Act (CSDPA)

Sources for UK Statutes

Sources for Global Statutes