Research Articles (Otorhinolaryngology)

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Application of the international classification of functioning, disability and health with specific focus on disabling hearing impairment in legislation and policy in South Africa
(Faculty of Law, University of the Free State, 2013) Smith, Magteld
English: Disability legislation faces two potentially contradictory perceptions. Persons with disabling hearing impairment (DHI) are committed to eradicating discriminatory attitudes and practices, and removing barriers to communication and integration. Legislation should be aimed at breaking down these barriers, and be designed to assist persons with DHI to overcome stereotyped assumptions about their disability and ability. To achieve these goals, a common framework for describing functional status information is needed in order to make this information comparable and of value. The World Health Organization's International Classification of Functioning, Disability and Health (ICF), which has been approved by all its member states, including South Africa, provides a common language and framework to be used in legislation. This article analyses disability legislation in South Africa, with specific focus on DHI, in order to determine the application and definition consistency. It finds that some legislation includes some elements of disability. This endeavour may have extensive implications for the development of law and public policy to supplement the ICF and the Constitution of South Africa.