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COURT RULING Baldness in women is interpreted as a disability

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In this era when fierce battles are being waged over gender identities, it could happen that even men with (partial) baldness will seek the status of a person with a disability

Serious hair loss in women represents an impairment that negatively affects the ability to perform everyday activities.

That is the conclusion reached by judges Swami Raghavan and Kevin Poole in one of the most unusual cases in the recent history of British justice, ruling that from now on baldness in women can be classified as a disability.

The story, which turned into a legal saga, began a quarter of a century ago, in 2001, when Mark Sharp and Glenn Kinsey started a specialized company and developed a wig specifically designed for women with serious hair loss problems. Their wig quickly became a hit among balding women because it had colors perfectly matched to natural hair and was placed in such a way that even the most vigilant observers could not notice the extensions.

However, Sharp and Kinsey did not enjoy the fruits of their newfound fame and reputation for long, as the British tax authority intervened. The tax office handed them a bill of £277,000 in unpaid VAT, arguing that their wigs were a fashion accessory and not a kind of orthopedic aid. Sharp and Kinsey were shocked.

They knew the legal battle would be long and exhausting, with the media mercilessly relishing it, but they were determined to prove that their wigs – which cost customers around £2,400 per year for fitting and maintenance – should “qualify as zero-rated products under the exemption for medicines and aids for disabled persons.”

And they were right, at least according to the ruling of judges Raghavan and Poole. The court sided with the wig makers, agreeing that their female clients suffering from baldness should be considered disabled persons.

Lawyers for the tax authority argued on appeal that baldness should not be considered a disability because it is a “cosmetic” problem, and that other characteristics affecting appearance, such as freckles, could also be seen in the same way. But their appeal was in vain. In the ruling’s reasoning, the judges stated that “serious hair loss in women represents an impairment that negatively affects the ability to perform everyday activities.”

— These activities include work, leisure, socializing, self-care, and caring for others — activities that, at least to some degree, mean being visible to others in public — the ruling states.

— It’s not because hair loss physically prevents participation in such activities, but because of the distress that a woman with severe hair loss would usually experience if steps are not taken to cover it up. This distress stems from the cultural significance of hair for female identity, societal expectations regarding appearance, and different standards applied to women. Women treated by the company — those with baldness or patchy hair loss rather than just thinning — were, on the basis of that condition, persons with a disability — concluded judges Raghavan and Poole.

And, as could already be expected, social networks went wild — some welcomed the ruling with thunderous applause, others with mockery and amazement. In this era when fierce ideological, political, and cultural battles over gender identities are being fought, it could happen that men with a problem of (partial) baldness will seek disability status. Why not!? Free public transportation, special parking spaces, disability pensions and all sorts of benefits, and the concept of gender has become infinitely stretchable.

Disability digest

The EU employment guarantee for persons with disabilities

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Stilizirana pozadina s motivom zastave Europske unije – zlatne zvjezdice na plavoj podlozi uz oblačne teksture.
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Employment statistics at this moment do not support the proclaimed goal of the European Commission of creating a society of equal opportunities

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There are still no significant improvements in better positioning Europeans with disabilities in the labour market.

Proof of this is also a joint letter that as many as 125 organisations sent these days to the European Commission, calling on it to publish a new EU Guarantee for the Employment and Skills of Persons with Disabilities as part of the updated Strategy for the Rights of Persons with Disabilities.

In this letter, organisations state what targeted funds and programmes are needed to reduce the high unemployment rate of persons with disabilities. Among other things, organisations are calling for dedicated funding to enable access to regular employment opportunities, apprenticeships or training. Likewise, better employment opportunities in sheltered workshops. Employment programmes must be designed in such a way as to offer support to companies and organisations in providing the necessary accommodations for a person with a disability in the workplace.

What is, however, particularly important for organisations is that the EU Guarantee for the Employment and Skills of Persons with Disabilities must not affect the right to receive disability benefits and other state support.

– This Guarantee is a key step to ensure that persons with disabilities have equal conditions in the world of work. If we want a competitive Europe, it is essential that we provide everyone with equal opportunities to contribute to the community – said Yannis Vardakastanis, President of the European Disability Forum.

Employment statistics at this moment do not support the proclaimed goal of the European Commission of creating a society of equal opportunities. Namely, only 52.7 percent of persons with disabilities are employed in the European Union, compared to 76.7 percent of persons without disabilities.

Previous research by the European Disability Forum shows that the gap is mainly a consequence of the lack of necessary accommodations and an insufficient supply of assistive technologies. In addition, the digital skills of employees with disabilities are at a significantly lower level compared to those without disabilities.

The joint letter sent to the European Commission calls for the Guarantee to be a key action of the ‘Enhanced Strategy for the Rights of Persons with Disabilities’, and it will be presented during the meeting of the College of Commissioners of the European Commission at the beginning of this May.

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A husband from hell held his wife with a disability captive

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The abuser managed for years to keep the woman isolated from family and friends, and even the authorities had no knowledge of her captivity. She had no access to a phone or the internet

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His name, James Earl Johnson, has recently been filling crime reports across major media outlets in the United States.

He gained unwanted notoriety after it was discovered that he had kept his 46-year-old wife with a disability locked inside their home in Clear Lake, in the U.S. state of Texas, for five years.

The motives behind this shocking case of domestic violence remain unknown, as does the identity of the victim, who is only known to have a severe disability.

During all that time, Johnson managed to isolate her from relatives and friends, and authorities were unaware of her situation. She had no access to a phone or the internet.

Police revealed that the woman was physically abused and severely malnourished. He allegedly gave her only one egg a day and a modest dinner. In addition, he failed to provide the necessary medical care required for her disability.

Johnson ultimately sealed his own fate. Two weeks ago, he briefly left his phone on a bedside table in the room where the woman was locked. She quickly used the opportunity to call the police. During the call, Johnson entered the room, slapped her, and ended the call, but the police had enough time to trace the location.

He was arrested the same day and charged with injuring and abusing a person with a disability. He was later released on $100,000 bail, but only temporarily, as he is expected to face a long prison sentence after trial.

Johnson had purchased a five-bedroom house worth one million dollars, where he had lived with his wife for at least six years, appearing to lead a normal life. Meanwhile, the woman remains in hospital, undergoing rehabilitation after her ‘peaceful’ married life.

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Disability digest

CHRIS NIKIC Sneakers designed for people with Down syndrome

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Until the development of these sneakers, Chris Nikic regularly struggled to run even a few kilometers without pain and blisters, as there was no footwear designed to meet the unique needs of his foot anatomy

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American of Croatian descent Chris Nikic served as an inspiration to one of the world’s largest sports equipment companies, Adidas, in creating a new model of sneakers specifically designed for people with Down syndrome.

Chris Nikic was the first person with Down syndrome to complete an Ironman triathlon. At Adidas, they say that through their shared ambition with Chris to break barriers, they embarked on a multi-year mission to design running shoes that meet the unique needs of people with disabilities and make sport more accessible.

Until the release of this sneaker, called Supernova Rise 3 Adaptive, Chris regularly struggled to run even a few kilometers without pain and blisters because no shoe had been designed to meet the specific needs of his foot anatomy. Since partnering with Adidas, Chris has worn various prototypes that not only allowed him to complete three Ironmans, four half-Ironmans, and 20 marathons.

– What feels like a pain level of 2 out of 10 to most people feels like an 8 to me. Adidas understood exactly what I needed in a shoe. Now I love running because my feet no longer hurt – said Chris.

To ensure the sneakers meet diverse needs, Adidas partnered with GAMUT Management, a leader in inclusive product design, to facilitate product testing that provided the team with key insights and feedback throughout the development process. These focus groups included people with Down syndrome, wheelchair users, individuals living with chronic illnesses, people with mobility and fine motor challenges, as well as those with upper and lower limb differences, and also included two Paralympians, Tracy Otto and Haven Shepherd.

– My experience collaborating with Adidas on this project has been incredible and a true adventure. The entire team was dedicated to making this the best adaptive sneaker available, incorporating features that give me the freedom and independence I had been missing for so long – said Paralympian Tracy Otto.

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