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Disability

The Code protects people from discrimination and harassment because of past, present and perceived disabilities.  “Disability” covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time.

There are physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities and addictions, environmental sensitivities, and other conditions. 

Relevant policies: 

  1. Accommodating students with disabilities - Roles and responsibilities (fact sheet)

    2000 - The Ontario Human Rights Code guarantees the right to equal treatment in education, without discrimination on the ground of disability, as part of the protection for equal treatment in services. Education providers have a duty to accommodate students with disabilities up to the point of undue hardship. Students with disabilities are not always being provided with appropriate accommodation, and, in some cases, are falling victim to disputes between the various parties responsible for accommodation. The accommodation process is a shared responsibility.

  2. Accommodating students with disabilities - Principles (fact sheet)

    2000 - Once a disability-related need has been identified, or a case of discrimination has been established, education providers have a duty to accommodate the needs of students with disabilities, unless to do so would cause undue hardship. Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment. Accommodation involves three principles: dignity, individualization and inclusion.

  3. Equal access for to education for students with disabilities during strikes (fact sheet)

    2007 - This Fact Sheet highlights the human rights principles that apply to the education of students with disabilities during strikes, walkouts, work stoppages or other job actions involving educational assistants. The information in this backgrounder is intended to set the stage for government, unions, school boards and others to act proactively to ensure equal access to education for students with disabilities during strikes or other work stoppages.

  4. Ontario Human Rights Commission submission regarding the Ministry of Community and Social Services Proposed Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act 2005

    October 2010 - The OHRC is again raising a number of concerns about the proposed Integrated Accessibility Regulation, echoing those we’ve highlighted in past AODA submissions. Specifically, the proposed IAR fails to identify interpretive human rights principles upfront and apply them to many of its provisions.
  5. Elections accessibility - Letter to the Executive of all political parties registered in Ontario

    March 2011 - Pursuant to my duty under Section 29 of the Ontario Human Rights Code, I am writing to all registered political parties in Ontario to help promote awareness about the importance of accessible elections for voters and candidates with disabilities as well as those seeking nomination.
  6. Re: OHCHR Thematic study on participation of persons with disabilities in political and public life

    October 2011 - In recent months, the Ontario Human Rights Commission (OHRC) has been examining the issue of accessible elections for both voters and candidates with disabilities. That is why we were pleased to learn the Office of the High Commissioner for Human Rights has initiated a study on participation in political and public life in accordance with Article 29 of the Convention on the Rights of Persons with Disabilities (CRPD). This update on our related activities serves as our submission to your study.

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