Greetings,
This post is going to seem totally irrelevant to anyone who does not play in the Society for Creative Anachronisms (SCA), and even more for those who are not members of the Kingdom of Lochac (Australia and New Zealand). However, the discussion below does discuss important issues of disability and inclusion within a social group and the issues that are associated.
The following document is long, so it is going to take quite a while to read. If you would prefer to read it in a pdf format, it is available on my Patreon site. I felt it important to broad-band this document as much as possible so everyone can read my views on the matter. This is a subject, for a while I was ambivalent about, but as I grew to think about it, I realised how important it was especially concerning disability issues, and what it represented regarding disability issues. The format of this document is quite formal, however, some of the writing is quite personal, as the issues it raises are quite personal to me. Please, do have a read, and have a think about the issues which are raised.
Cheers,
Henry.
The title indicates a positive
direction everyone should pursue toward a more accessible method of the titular
position within the Kingdoms of the Society for Creative Anachronisms.
Legislation has been presented to provide a foundation for the arguments
presented. Illustrative examples highlight the positive trends of contemporary
society regarding physical disability issues, and failures. Such failures are often linked to a lack of
empathy, understanding, knowledge and appropriate systems to address the barriers
which disable a significant social minority group from full participation. There are many aspirations promulgated not
backed by concrete action.
The Society for Creative
Anachronism (SCA or Society) promotes itself as an inclusive organisation. This discussion paper describes a substantial
gap between the SCA’s aspiration and action, proposes a progressive recommendation
to assist the SCA in rectifying its system and approach failures in one
particular area. It is hoped, should the recommendation be adopted, that it
leads to the establishment of a more inclusive Society which values its
members, regardless of their physical ability.
Copyright Notice:
For the purposes of what is
presented, the author only claims copyright to original content. All other
copyright reverts to the author or publisher, as may be the case.
Dedication
To all the people with
disabilities, keep going. We need you now more than ever. We need you to take a
stand.
Acknowledgements
I started
this discussion paper on my own, however there have been people who have
assisted me with it as I have progressed. I must thank Craig Wyrill, for his
advice concerning some of the legalities, and for keeping me focused. I must
thank Nicola Boyd and Georgi Cavendish for all their editorial services, my
writing is often rough when it starts, the much-improved version is thanks to
their efforts. As always, I must thank my wife, Casey, who supports me in all
my endeavours.
Table
of Contents
1. Introduction. 3
2. The
Inclusive Claim.. 5
3. Disability
and Disability Inclusion. 7
3.1. Disability. 7
3.2. Disability
Inclusion. 8
4 Discrimination. 10
4.2 What
is Discrimination?. 11
4.3 Rights. 12
4.4 Still
Present 12
4.5 An
Ableist Example. 13
4.6 The
Issue: A legal threat to us all 13
5 Conclusion. 16
5.2 Recommendation. 17
6. Appendix
1: Glossary and Sample Definitions. 19
6.1. Glossary. 19
6.2. Sample
Definitions. 19
7. Appendix
2: DDA 1992 Referential Material 23
7.1 Objects. 23
7.1. Clubs
and incorporated associations. 23
7.2. Sport 24
7.3. Liability. 24
8. Bibliography. 26
While this
document is presented in a formal manner, it is personal, as such there is
personal language present throughout. This paper is written from the
perspective of a member of the Society for Creative Anachronisms (SCA). I am
also writing from the perspective of a person with disabilities, meaning when I write about people with disabilities,
I am writing about myself, I am writing about struggles and issues I may, or
may not, have had in my long period of membership.[1]
I am writing as a concerned member of the organisation, wanting to highlight
issues, and point them out before they become potentially damaging legal
issues. I am writing to assist in improving the organisation toward those
ideals it claims.
The SCA
claims to be socially-conscious. The Society claims awareness of social issues
existing outside its events, that impact on its events. Through its
documentation, there are claims the SCA is anti-discriminatory and inclusive.
Such documents present ideals to follow in interactions members have with one
another. There are claims SCA events are accessible to all, and all may
participate in its activities without fear of discrimination. This is the claim.
The SCA has different combat arts it practices as
competitive sports. These combat sports pit combatants against one another, in
single-combat, melees, and wars. The individuals move through a training
process, authorisation for safety, then to combat and play. To each form, there
is skill present. I have experienced, and enjoyed, most. There is also a
certain physicality to each, a certain requirement the individual has certain
physical characteristics.[2]
Armoured combat is used to choose the Society’s titular political and cultural
heads, or Crown.
Where a
political and cultural head is chosen by prowess in a sport, only those who are
physically capable of participating, can achieve the prowess to become the
Crown. Anyone who does not have the physicality is immediately prevented. This
is a prime example of the Society not being inclusive. Hence, this discussion
paper will focus on physical disabilities more than any other.
Only those
who are physically capable can achieve this position; those who cannot, are
excluded.[3]
This is potentially a breach of law, both national and international, due to
the choice of the group’s representatives by this method. Members who cannot
contest for this position are being denied the potential of full participation
in the political and cultural life of the group.
The Society leadership has
assumed it is acting legally. It assumes its policies are followed. It assumes
it does not have compliance obligations. It assumes everything is fine. It is
not. The Society policies are lacking, or being ignored, and the local
legislative compliance is likewise, which should be of concern to all Society
members, not just those with disabilities.
This
discussion paper is not intended to be threatening or aggressive. The intent of
this paper is to encourage discussion on issues raised and to influence
outcomes, not create blame or have people in the Society lose reputation. I am
not doing this because I do not have the physical capacity to don armour and
fight for the right to declare myself king. This is an encouragement for the
SCA to change, to act on its aspiration to be the inclusive Society it claims.
My hope is that change will benefit everyone.
“XVIII.
ANTI-DISCRIMINATION POLICY
The SCA does not discriminate
on the basis of race, color, religion, sex, age, national origin, veteran
status, sexual orientation, gender identity, disability, size, or any other
basis of discrimination prohibited by law.”[4]
The Society
claims to be inclusive or, at least at the minimum, it does not discriminate,
as stated in its governing documents. These documents apply to all affiliated
organisations under the branches of this organisation. This is a policy
demanded by law, because discrimination is against the law.
“In pursuing its mission, the
SCA is committed to excellence in its programs, communications, and activities.
The SCA expects that all its members and participants will conduct themselves
in accordance with the SCA Core Values, to:
•
Act in accordance with the chivalric virtues of
honor and service in all interactions with SCA members and participants;
•
Be a responsible steward of SCA resources;
•
Deal fairly with others, and value and respect
the worth and dignity of all individuals,
•
Practice inclusiveness and respect diversity;
•
Promote a safe and respectful environment for
all SCA members and participants;
•
Act with transparency, fairness, integrity, and
honesty;
•
Maintain a harassment-free environment in SCA
spaces; and,
•
Avoid behavior that reflects adversely on the
SCA or other SCA members and participants.
The SCA provides an
environment in which members can recreate various aspects of the cultures and
technology of the period, as well as doing more traditional historical
research. The SCA sponsors events, which may include tournaments, feasts,
martial activities, classes, and other activities reflective of pre-17th
century life. Members dress in pre-17th century clothing styles worn all over
the world and participate in activities based on the civil and martial skills
of the period. These activities recreate aspects of the life and culture,
dress, pastimes, and above all the chivalric ideals of the period, unifying our
events and activities. Members have free choice of what areas they will
explore. The SCA is expressly welcoming to all people of any race, sex,
religion, national origin, gender, sexual orientation, age, or disability.”[5]
In the same
document, which elaborates on the Society’s mission statement, it states its
core values, including a statement about the practice of inclusivity and
diversity. There is a statement that the SCA is “expressly welcoming” of all
kinds of people including those with disabilities. These statements bind the
SCA to a code of behaviour expected in modern society. The Society sponsors
events involving life from the era pre-seventeenth century based on chivalric
ideals of this period; to promulgate the ideal of these events, and engender
ideas beyond common courtesy, as expressed. The SCA in Australia and New
Zealand, an affiliate organisation, have made a similar public statement about
inclusivity.
“The Society for Creative
Anachronism (The Society for Creative Anachronism Ltd (Australia) and The
Society for Creative Anachronism New Zealand Incorporated) remains committed to
ensuring that we reflect the best and most welcoming aspects of the modern
world, committing to celebrating equity, diversity, and inclusiveness in the
game we play. Researching and re-creating cultures of bygone eras does not
require abandoning the values of the present and our Codes of Conduct reflect
this.
We welcome people of all ages,
sexes, ethnicities, religions, sexual orientations, gender identities, and
ableness, and reject anyone who will discriminate on any of these bases.”[6]
The
statement from the BoDs[7]
of the Australian and New Zealand organisation, claims to celebrate all the
positive aspects of the modern world while recreating the older eras. It
expects members to abide by these ideals in dealing with all people and rejects
anyone who would discriminate against anyone for their differences. This
statement is similar to that made by the Society’s BoD, not surprising
considering they are governed by the same documents. This statement claims the
group practices inclusivity.
There have
been statements and policies presented about anti-discrimination, ideals,
inclusivity, and diversity. All these are present in the organisational
documents of the SCA at the Society level and at the affiliate, or Kingdom,
level. This presents an organisation inclusive of people with disabilities at
all levels, that a person with disabilities should feel at home within the
Society, and have no issues at any level, at least according to these policies
and statements. The problem: words are not action.
A
discussion about being inclusive of disability would not be complete without
talking about both inclusivity and disability. Both need to be defined, or at
least explained. It is difficult to understand what it means to be disabled,
the requirements, and the impact on our lives. There are many parts to discuss.
What does it mean to have a disability? How does the SCA define disability?
Who
“qualifies” as a person with a disability? Does this have to do with the
person’s ability to function “normally” within a community? Does it have to do
with the effect of the condition upon their health? It depends on who’s
speaking, and which government department is speaking, as there are varying
definitions of who qualifies as disabled and who qualifies for assistance.
[8]
“SEC. 3. [42
U.S.C. 12102] DEFINITION OF DISABILITY.
As used in this Act:
(1) DISABILITY. —The term ‘‘disability’’ means, with
respect to an individual—
(A) a physical or mental
impairment that substantially limits one or more
major life activities of such
individual;
(B) a record of such an impairment; or
(C) being
regarded as having such an impairment”[9]
The
Americans with Disabilities Act 1990 (ADA
1990) is a document referenced in Society documentation. Indeed, this is
the definition of “disability” which is used for a person’s qualification as
disabled, at least according to “XIII. Policy on Accessibility to Society
Functions”[10]
considering it uses the same referential words as the Act; this is the
Society’s definition of “disability.” The definition is simple, an impairment
that limits the individual’s activities, the record of such an impairment, or
being regarded as having such an impairment. There is little specification, but
a focus on impairment, and limiting the individual’s life activities, but it is
the one we will use, due to the Society’s documentation. With a lack of
recognition in the Australian or New Zealand SCA Lochac documentation, the US
remains the default.
3.1.1.
International Recognition
The Convention on the Rights of Persons with
Disabilities, put in force in 2008,[11]
has a definition disability; the recognition of the condition of being
disabled. Unlike national examples, this stretches over national boundaries and
identifies people with disabilities internationally. More, it identifies
disability, not as a condition, but due to interaction with the environment;
[12]
an approach found in all the United Nations’ documentation concerning
disability, and one which is gaining ground.
The Deputy
Secretary-General of the United Nations stated disability inclusion was
essential to ensure no one was “left behind” and discussed the cooperation of
governments to this end.[13]
The SCA is not a government, but it
is
operating internationally and within regulatory frameworks requiring action.
With groups all over the world, it has an impact on a large community. What is
inclusivity? “Inclusivity is validating someone’s feelings and showing
acceptance through a variety of ways that might not always be obvious.”
[14]
3.2.1.
Equity and Equality
Of all the
things people with disabilities want, we just want to be treated the same and
given access to the same things. This is a question of both equity and
equality. People with disabilities simply want to have the playing field
levelled, the environment so our disabilities do not hinder our human rights
and freedoms.[15]
The most
important thing is “the same” this is the key. All people with disabilities
want is the same access. We don’t
want extra access, or more easy access, we simply want the same, the same chances to show what we’ve got, to participate,
to have fun. Sometimes this requires a little assistance to level the playing
field.
The Convention on the Rights of Persons with
Disabilities has articles defining various human rights, Article 1, being
that people with disabilities have the same as everyone else.[16]
People with disabilities have the right to life on an equal basis, as in
Article 10.[17]
These have been specified as they relate specifically to our overall topic, if
they are considered in the correct light. This becomes more evident the more we
examine them and other aspects.The purpose of inclusivity is to actually take
action to include, to make people a
part of the group, having them belong. Breaking down barriers within the group
is the way this must happen; this includes attitudinal barriers as well. [18]
3.2.2 Ableism
In Article
8 of the Convention on the Rights of
Persons with Disabilities,[19],
[20]
a change in perception and attitude is required for disability inclusion. One
of the most disabling attitudes is ableism, it results in prejudices and
stereotypes of people with disabilities. This results in negative attitudes
about the ability of people with disabilities and dismissal of our needs as
fringe or unimportant. It erases our individual and collective humanity; it
makes us invisible. Ableism is insidious and more present than people
recognise.
3.2.3
Political and Cultural Life
People with
disabilities often have a reduced chance to engage politically. “Countries are
to ensure equal participation in political and public life, including the right
to vote, to stand for elections and to hold office (Article 29).”[21]
People with disabilities are often overlooked concerning the political and
cultural life of the SCA, one reason is one of the perceived ways to make an impact
in the Society is through becoming Crown, through SCA Armoured Combat, which is
not possible for many people with disabilities. This denies us an avenue of
political process. There are others through which one can apply, such as
officer positions. However, the denial of such a process, because of disability
is discrimination. Sport and disability may seem an odd combination; this
ableist assumption is one of the reasons it is often neglected.
The Convention on the Rights of Persons with
Disabilities seeks to ensure people with disabilities enjoy the same human
rights and freedoms, nothing beyond, nothing extra, the same.[22]
Unfortunately, discrimination against people with disabilities still occurs.
Such are internationally recognised as is presented in the Convention on the Rights of Persons with Disabilities, but
individual nations have also recognised them, as in the Objects of the DDA 1992 [23]
(see Appendix 2).
The premise
behind the DDA 1992 and the Convention on
the Rights of Persons with Disabilities are the same: to eliminate
discrimination from the lives of people with disabilities where possible and to
recognise the rights of people with disabilities as being the same, and
fundamental to life. The ADA 1990
appears to examine a broader picture of disabilities and the effect they have
on people’s lives. It recognises, like the Convention
on the Rights of Persons with Disabilities, the right of people with
disabilities to fully participate in all
aspects of life.
The ADA 1990 recognises not only the right
of people with disabilities’ right to participate in society, but that people
with disabilities have been subject to discrimination in the past and been
excluded from participation in aspects of society others take for granted.
[24]
While the
ADA 1990 is primarily
concerned with accessibility, it makes early statements about the removal of
all discrimination.
[25]
We can
easily be distracted by legal talk, and it can sometimes become difficult to
decipher what is being said. The essence is the same, i.e., the removal of
discrimination from areas of society where it impacts people with disabilities
is crucial. The DDA 1992, like the Convention on the Rights of Persons with
Disabilities is universal, influenced by the Convention on the Rights of Persons with Disabilities, amended
after its creation. It discusses discrimination in sport,[26]
a subject relevant to these discussions, and a subject addressed in the
Convention on the Rights of Persons with
Disabilities.
The
principles of non-discrimination (b) and inclusion (c) are both present in
Article 3 of the Convention on the Rights
of Persons with Disabilities.[27]
Both present so early in the principles, and so close together, demonstrates
the importance of these values. Non-discrimination and inclusion are intimately
linked. Without the former, the latter cannot occur, because in the presence of
discrimination, there can be no inclusion.
One of the
ways we interact with one another is through clubs and associations. The DDA 1992 details legislation governing
how people with disabilities are to be treated in association with clubs and
associations.[28]
Discussing the Society, this is pertinent information, especially as it
concerns Lochac, the
DDA 1992 applies
to Australia so, it applies to the part of the group in Australia (see Appendix
2).
I have
drawn concepts of discrimination from different sources. A dictionary
definition of the word “to recognize that there is a difference between people
or things; to show a difference between people or things.”[29]
But the dictionary definition of the word is rarely used. When the words
“discriminate” or “discrimination” are used, there is negative emotion
associated, and this effect is seen here.
“Discrimination is when you are treated unfairly or differently from others because of a particular personal characteristic. People may experience discrimination in many areas of their daily life.
Some types of discrimination are against the law. You can make a complaint to the Australian Human Rights Commission if you experience these types of discrimination.
If you are treated unfairly because you have disabilities (disability discrimination)
If you are treated unfairly because of your race (racism)
If you are treated unfairly because of your sex (sexism)
If you are treated unfairly because of your age (ageism)
If you are treated unfairly in your job or when you are trying to get a job … you may be treated unfairly because you have a criminal record or because of your trade union activity, your sexual preference or your religion”[30]
The focus
here is disability discrimination. In doing so, I do not deny, or reduce, the
existence of other forms of discrimination. All forms of discrimination are a
breach of human rights. Many people with disabilities are part of other social
minorities and experience multi-layered discrimination.
Direct
discrimination occurs when one person discriminates against another based on a
person’s disability, treating them unfavourably, or less favourably, than they
would a person without a disability. This is the most common form of disability
discrimination,[31]
but it is not the only kind. There is also indirect discrimination,
[32]
discrimination in relation to associates,
[33]
and discrimination relating to disability aids.
[34]
All are forms of disability discrimination and defined in the
DDA 1992 (see Appendix 1 for direct and
indirect discrimination details).
The DDA 1992 ensures people with
disabilities have the same rights to
equality before the law as the rest of the community. [35]
The assistance is to ensure we can utilise the same opportunities as the rest
of the community. People with disabilities want to be recognised as “a part of”
the community, not “apart from” the community.
Article 4
of the Convention on the Rights of
Persons with Disabilities ensures the human rights and fundamental freedoms
of people with disabilities within their communities, and removes
discrimination based on disability. [36]
These documents, powerful in their writing, powerful in their statements, are
articles of national and international law. Discrimination still exists, words
are not action.
The ADA 1990 recognises the continuing forms
of discrimination people with disabilities face in the community. [37]
These forms of discrimination include: physical, in the form of architectural
design, and transportation issues; communication and attitudinal barriers,
which prevent participation; other exclusionary instances are also mentioned.
These barriers continue in our current world, even with legislation making them
illegal. Words are not action.
Both the Convention on the Rights of Persons with
Disabilities and the ADA 1990
have statements which indicate the abolition of measures preventing the
inclusion of people with disabilities in the community. They make statements
about abolishing legislation, customs and practices which are discriminatory.[38]
They recognise the presence of prejudice and denial of people with
disabilities, denying us the chance to compete on an equal footing, denying us,
and society, the opportunity of our participation.
[39]
These statements apply to public
organisations and private enterprises.[40]
An international organisation, like the SCA, must recognise disability
discrimination as an issue which must be addressed. Further, these issues must
be addressed in a forward-thinking manner to achieve the outcomes of its stated
principles.
The
Society has stated it stands against discrimination. [41]
,
[42]
Now is the time to put words into positive action. It is time for the SCA to
examine its documents and eliminate discrimination from its documentation and
practice. All activities within the group need to be opened to all members as
far as a person is safely able. If the Society continues to ignore action for
aspiration it is not as inclusive as it claims. Positive action must be taken
as there are still areas of discrimination, and its ableist attitudes continue
to cause issues. Action needs to extend beyond policy.
One of the arguments against
people with disabilities not participating in SCA armoured combat is that they
“choose” not to. This is particularly
ableist, as it implies, we choose to
have a disability, and we choose to have the effects of that disability. The
same attitude exists in other areas, due to a lack of experience of disability,
and the presence of chronic ableism; this creates a barrier to participation.
[43]
The current
process for choosing Crowns in the Society is through the SCA’s armoured
combat. While sport has been briefly discussed, here it will be addressed as
relates to the issue of the selection of Royalty or Crowns in the Society, as
it pertains to law, and disability discrimination. To achieve this, documents
must be addressed, and discussion made about how the process is regulated
within the group, and how this relates to national and international law.
The Crown
Selection process from the Book of Laws
of the Kingdom of Lochac states, “The conduct of combat, Rules of the
Lists, requirements of arms and armour, and rules concerning the use of horses
shall be governed by the Conventions of Combat of the Kingdom of Lochac.”[44]
Simply put, a combat will decide the Royalty, and it will be fought according
to the Conventions of the Kingdom. This leaves the style of tournament open,
and the weapons it may be fought with. Aside from being a selection by prowess,
which denies some people with disabilities access, it is much more open than
the larger group requires.
“1. Royal
Lists must be conducted at a tournament announced in the kingdom newsletter as
being for that purpose. Crowns or Coronets who wish to conduct a royal list in
a manner other than individual combat must obtain the prior approval of the
Board of Directors.”[45]
Again, it
indicates Crowns will be selected by a tournament, announced in the Kingdom
newsletter made public so as many may enter as they might wish. There is
provision for selection of the Crowns by method other than individual combat,
with permission of the Board of Directors of the SCA Inc.[46]
The Organisational Handbook has a rule present concerning the form of
combat:
“C. Royal
Lists
Only Chivalric (rattan) combat shall be used for formal tournament lists for
royal ranks.”[47]
Meaning, to attain a Royal rank
according to the current rules of the SCA, you must be either authorised in SCA
armoured combat; or be the consort of a person who is authorised. The gate,
thus the obstacle, is armoured combat. To attain a Royal rank one of the pair
must be authorised and be victorious in a Crown Tournament as an armoured
combatant.
According
to the DDA 1992, specifically Section
28, on Sport.[48]
A person may not be barred from participation in a sport based on their
disability. However, in the same section, in subsection 3, there are allowances
for performance in a sport to determine whether they can participate, thus the
authorisation procedure is allowable.
Using such a sport, which is arduous in nature and biases itself to able-bodied
individuals, for the selection of a cultural and political head in an
organisation, on the other hand, is especially limiting for people with
disabilities.
[49]
Under Part
2, Division 2, Section 27 of the DDA 1992,
it is illegal to discriminate by disability in denying the member access or
limiting their access to a benefit provided by the organisation.[50]
Determining a political and cultural head of the organisation by prowess,
limits candidates to those who are able-bodied. The organisation thus limits,
if not denies, the ability of members who have disabilities access.
Article 30 of the Convention on the Rights of Persons with
Disabilities discusses the participation of individuals in cultural life,
leisure, and sport.[51]
Being that SCA combat is a sport, this is most pertinent to the current
subject. Being that the selection of Royalty within the SCA by tournament is an
integral cultural part of the SCA makes it an important subject. A person goes
through an authorisation process to make sure that they are safe to take the
field, and this is allowable. According to the
DDA 1992, the same denial prevents them from engaging in an
important part of the cultural life of the Society. While there have been steps
made concerning disability fencing, there has been little evidence for armoured
combat, a subject which should be raised, especially if they wish to avoid
conflicts concerning the subject.
Considering the Disability Discrimination Act 1992, Part
2, Division 2, Section 27, concerning clubs and incorporated associations, it
is unlawful to deny a member of such an organisation any benefit of membership
or limit their access to any benefit, or subject them to any detriment
according to subsection 2 of the same.[52]
Being only members can hold the position of Royalty, it could be argued, the
method by which Royalty is chosen denies individuals with disability access to
the benefits of attaining such rank and position, it being decided by prowess.
According to the Act, this method of selection for office qualifies as a form
of indirect discrimination, being that it requires an individual with a
disability to perform something they cannot.
[53]
The selections made and points
raised, are merely the surface elements that can be raised regarding
international and Australian law concerning the selection of Royalty within the
SCA. The method needs to be seriously examined, as there are potential serious
legal issues on the horizon should no changes be made.
The purpose
of this investigation is for informing a way forward. There is no threat
intended, or implied, in any way. I have a vested interest in this discussion,
both as a member of the SCA, and as a person with disabilities. I want to see
the SCA grow and become the organisation it aspires
to be, to take action to become the inclusive organisation to which it lays
claim. So, people, such as myself, can feel truly included; to belong.
I have read
SCA’s declarations about inclusivity, about anti-discrimination, and about
accessibility. But I have seen little concrete action. I have seen little
action taken to improve interaction between people with disabilities and the
Society, that has not been instigated, and pushed by us. In the little that
has, there has been little consultation evident.
Legislation
is the start of the conversation. Action is required to back it up. Disability
barriers are prominent in the Society. In the search for inclusivity, the
Society appears to have focused on the loudest, politically, and socially
popular which requires mostly changes in hearts and minds, change of attitude,
rather than putting their hand in their pocket to make venues more accessible
or to take action to change systems. Disability still requires attitudinal
changes, but it also requires more; it requires specific actions.
There is no
“quick fix.” A change of attitude is only the beginning. A change in the way
people see people with disabilities doesn’t change a flight of stairs into a
ramp. Recognition of our presence and rights doesn’t remove barriers created by
the environment, or ableist attitudes which permeate the Society. To be truly
included it is going to require a major shift in attitude, a different
approach. It requires considered and supported action at all levels of the Society.
The SCA
chooses their Royalty by prowess; they choose them by armoured combat. To
participate in this sport a person needs to be able-bodied; to participate in
training, and to participate in the fighting. There are sections of the
disability community within the
Society who will never authorise in armoured combat, let alone prospective
members. This prevents us from becoming Royals, denies us a part of the
political and cultural life of the Society. It could be argued it also denies
members of the Society part of the benefits of our membership, as only members
may rule. Changes are required. These changes can be fun, inclusive, and
manageable – we have so much to gain through improved engagement.
The Society needs to adopt a
preventative rather than curative approach to the problems it faces, if it
wishes to survive and thrive. To do this, it needs to change its culture. It
needs to take a hard look at itself and consider the changes needing to be made
if it wants to be the truly inclusive organisation it claims in principle. Old
traditions need to be put to bed; old ideas about how things are, and need to
be, need to follow.
The benefits to change are
profound. It is an irony that social minorities represent the majority of
members. What is good for one social minority, provides benefits to others. It
is very much a case of adapt or die. If we don’t, we will continue to see members
vote with their feet, and the Society will decline.
Based on my research, lived
experience, and consultation with other people with disabilities, I have one
key recommendation:
Change the way the Society chooses Royalty. This recommendation will be the most unpopular, and has caused a furore across social media, resulting in the removal of posts and threats of suspensions and bans; being a change in the Society’s method of choosing Royalty.[54]
This is one which cuts to the quick and gains the most emotional response.
The selection of public cultural and political figures and figureheads by prowess, is in direct opposition with the ideals of the anti-discrimination legislation, and the claims of the SCA being inclusive. There are certainly those who have disabilities who have the physical and mental capacity to train and authorise as armoured combatants. They may even train sufficiently enough to become contenders for the Crown. It has been claimed there are some with disabilities who have sat as Royalty. This doesn’t open the door for all with disabilities, because not all who have disabilities who may have the desire to become Royalty are able to train and authorise as armoured combatants. The very process of becoming Royalty in this manner is discriminatory.
Any method
which chooses Royalty by prowess incurs the same problem, as soon as there is a
person who cannot participate because of their disability, there is a problem.
Consequently, while a tournament may be conveniently held on a single day and
have all the pomp and ceremony the Society loves, the method is discriminatory,
and another method must be found to be truly inclusive. There could still be a
Crown tournament, but it would be to choose a champion in heavy fighting,
rather than the Crown itself.
There are
other historical methods by which royals were selected, such as by election, as
with the Popes. This leads to claims of popularity contests and so forth, but
this method appeals to our modern democratic
sensibilities. Another method is by lot, each member who wishes to stand,
places their name into a roll, and the name is chosen randomly; with membership
numbers, this method could be computerised. A final method suggested is the
applicant, in a modern twist, applies for the position. This would ensure they
have the skills to rule, and to make good decisions; care would have to be
taken in those who would read and select the successful applicants. These are
just a few suggestions that could replace the current discriminatory method, I
am sure there are more.
ADA 1990 Americans with Disabilities Act 1990,
Congressional Act of the United States of America
Convention Convention
on the Rights of Persons with Disabilities, United Nations treaty, Chapter
IV, of the Charter of Human Rights
DDA 1992 Disability
Discrimination Act 1992, Parliamentary Act of the Commonwealth of Australia
Disability Convention
See
Convention
6.2.1.
Disability
“
disability, in relation to a person, means:
(a) total or partial loss of the person’s bodily or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or illness; or
(e) the malfunction, malformation or disfigurement of a part of the person’s body; or
(f) a disorder or malfunction that results in the person learning differently from a
person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person’s thought processes,
perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future (including because of a genetic predisposition to that
disability); or
(k) is imputed to a person.
To avoid
doubt, a disability that is otherwise covered by this definition
includes
behaviour that is a symptom or manifestation of the disability.”[55]
“Persons with
disabilities include those who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their
full and effective participation in society on an equal basis with others.”[56]
6.2.2.
Discrimination
“"Discrimination on the
basis of disability" means any distinction, exclusion or restriction on
the basis of disability which has the purpose or effect of impairing or
nullifying the recognition, enjoyment or exercise, on an equal basis with
others, of all human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field. It includes all forms of
discrimination, including denial of reasonable accommodation;[57]
6.2.2.1.
Direct disability discrimination
(1) For the purposes of
this Act, a person (the discriminator) discriminates against
another person (the aggrieved person) on the ground of a disability of the
aggrieved person if, because of the disability, the discriminator treats, or
proposes to treat, the aggrieved person less favourably than the discriminator
would treat a person without the disability in circumstances that are not
materially different.
(2) For the purposes of
this Act, a person (the discriminator) also discriminates
against another person (the aggrieved person) on the ground of a
disability of the aggrieved person if:
(a) the discriminator does
not make, or proposes not to make, reasonable adjustments for the person; and
(b) the failure to make the
reasonable adjustments has, or would have, the effect that the aggrieved person
is, because of the disability, treated less favourably than a person without
the disability would be treated in circumstances that are not materially different.
(3) For the purposes of
this section, circumstances are not materially different because of the
fact that, because of the disability, the aggrieved person requires
adjustments.[58]
6.2.2.2.
Indirect disability discrimination
(1) For the purposes of
this Act, a person (the discriminator) discriminates against
another person (the aggrieved person) on the ground of a disability of the
aggrieved person if:
(a) the discriminator
requires, or proposes to require, the aggrieved person to comply with a
requirement or condition; and
(b) because of the
disability, the aggrieved person does not or would not comply, or is not able
or would not be able to comply, with the requirement or condition; and
(c) the requirement or
condition has, or is likely to have, the effect of disadvantaging persons with
the disability.
(2) For the purposes of
this Act, a person (the discriminator) also discriminates
against another person (the aggrieved person) on the ground of a
disability of the aggrieved person if:
(a) the discriminator
requires, or proposes to require, the aggrieved person to comply with a
requirement or condition; and
(b) because of the
disability, the aggrieved person would comply, or would be able to comply, with
the requirement or condition only if the discriminator made reasonable
adjustments for the person, but the discriminator does not do so or proposes
not to do so; and
(c) the failure to make
reasonable adjustments has, or is likely to have, the effect of disadvantaging
persons with the disability.
(3) Subsection (1) or
(2) does not apply if the requirement or condition is reasonable, having regard
to the circumstances of the case.
(4) For the purposes of
subsection (3), the burden of proving that the requirement or condition is
reasonable, having regard to the circumstances of the case, lies on the person
who requires, or proposes to require, the person with the disability to comply
with the requirement or condition.[59]
6.2.3.
Diversity
“Diversity is the mix of peoples’
different attributes and backgrounds (i.e. race, ethnicity, gender, age,
disability, sexual orientation, religion). A good way to think about diversity
is to think about your local community. Does your club reflect the diversity of
your local community? Diversity is the mix of people, inclusion is trying to
get this mix to all work together in harmony.”[60]
6.2.4.
Inclusion
“Inclusion is pro-active
behaviours, options and actions to make people from all backgrounds, ages and
abilities feel welcome, respected and that they belong at your club. Being
inclusive is about following best practice for what sport should be so that everyone
can get the most out of it.”[61]
6.2.5.
Integration
“Integration is providing an
opportunity for people with a disability to participate in the same or similar
activities as typical sport environments amongst themselves. While the people
are able to do the same things, they do it as a sub-group of the larger
population. Inclusion would be actually immersing the people with disabilities
with the general population in sporting activities.”[62]
6.2.6.
Reasonable accommodation
“"Reasonable
accommodation" means necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a
particular case, to ensure to persons with disabilities the enjoyment or
exercise on an equal basis with others of all human rights and fundamental
freedoms;”[63]
“(9) REASONABLE
ACCOMMODATION.—The term ‘‘reasonable accommodation’’ may include—
(A) making
existing facilities used by employees readily accessible to and usable by
individuals with disabilities; and
(B) job
restructuring, part-time or modified work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or policies,
the provision of qualified readers or interpreters, and other similar
accommodations for individuals with disabilities.”[64]
“reasonable adjustment: an
adjustment to be made by a person is a reasonable adjustment unless making
the adjustment would impose an unjustifiable hardship on the person.”[65]
6.2.7.
Sport
“activity that you do for
pleasure and that needs physical effort or skill, usually done in a special
area and according to fixed rules.”[66]
“The objects of this Act are:
(a)
to eliminate, as far as possible, discrimination against persons on the ground
of disability in the areas of:
(i) work, accommodation, education, access to premises, clubs and sport; and
(ii) the provision of goods, facilities, services and land; and
(iii) existing laws; and
(iv) the administration of Commonwealth laws and programs; and
(b) to ensure, as far as practicable, that persons with disabilities have the same
rights to equality before the law as the rest of the community; and
(c) to promote recognition
and acceptance within the community of the principle that persons with
disabilities have the same fundamental rights as the rest of the community.”[67]
(1)
It is unlawful for a club or incorporated association, the committee of management of a
club or a member of the committee of management of a club or incorporated association
to discriminate against a person who is not a member of the club or association on the
ground of the person’s disability:
(a) by refusing or failing to accept the person’s application for membership; or
(b) in the terms or conditions on which the club or association is prepared to admit the
person to membership.
(2) It is unlawful for a club or incorporated association, the committee of management of a
club or a member of the committee of management of a club or incorporated association
to discriminate against a person who is a member of the club or association on the
ground of the member’s disability:
(a) in the terms or conditions of membership that are afforded to the member; or
(b) by refusing or failing to accept the member’s application for a particular class or
type of membership; or
(c) by denying the member access, or limiting the member’s access to any benefit
provided by the club or association; or
(d) by depriving the member of membership or varying the terms of membership; or
(e) by subjecting the member to any other detriment.
(4) Neither subsection (1) nor (2) renders it unlawful to discriminate against a person on
the ground of the person’s disability if membership (however described) of the club
or incorporated association is restricted only to persons who have a particular
disability and the first-mentioned person does not have that disability.
[68]
(1) It is unlawful for a person to discriminate against another person on the
ground of the other person’s disability by excluding that other person from a
sporting activity.
(2) In subsection (1), a reference to a sporting activity includes a reference to
an administrative or coaching activity in relation to any sport.
(3) Subsection (1) does not render unlawful discrimination against a person:
(a) if the person is not reasonably capable of performing the actions reasonably
required in relation to the sporting activity; or
(b) if the persons who participate or are to participate in the sporting activities are
selected by a method which is reasonable on the basis of their skills and abilities
relevant to the sporting activity and relative to each other; or
(c) if a sporting activity is conducted only for persons who have a particular
disability and the first-mentioned person does not have that disability.[69]
“Part 7—Miscellaneous
122 Liability of persons involved in unlawful acts
A person who causes, instructs, induces, aids or permits another person to do an act that
is unlawful under Division 1, 2, 2A or 3 of Part 2 is, for the purposes of this Act, taken
also to have done the act.
123 Conduct by directors, employees and agents
(1) If, for the purposes of this Act, it is necessary to establish the state of mind of a
body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, employee or agent of the body
corporate within the scope of his or her actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a director, employee
or agent of the body corporate within the scope of his or her actual or apparent
authority is taken, for the purposes of this Act, to have been engaged in also by the
body corporate unless the body corporate establishes that the body corporate took
reasonable precautions and exercised due diligence to avoid the conduct.
(3) If, for the purposes of this Act, it is necessary to establish the state of mind of
a person other than a body corporate in relation to a particular conduct, it is sufficient
to show:
(a) that the conduct was engaged in by an employee or agent of the person within
the scope of his or her actual or apparent authority; and
(b) that the employee or agent had the state of mind.
(4) Any conduct engaged in on behalf of a person other than a body corporate by
an employee or agent of the person within the scope of his or her actual or apparent
authority is taken, for the purposes of this Act, to have been engaged in also by the
first mentioned person unless the first mentioned person establishes that the first
mentioned person took reasonable precautions and exercised due diligence to avoid
the conduct.
(5) If:
(a) a person other than a body corporate is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections
(3) and (4) had not been enacted; the person is not liable to be punished by
imprisonment for that offence. …
(7) A reference in subsection (1) or (3) to the state of mind of a person includes a
reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
(8) A reference in this section to a director of a body corporate includes a
reference to a constituent member of a body corporate incorporated for a public
purpose by a law of the Commonwealth, of a State or of a Territory.
(9) A reference in this
section to engaging in conduct includes a reference to
failing or refusing to
engage in conduct.”[70]
Americans with Disabilities Act 1990 (Federal) United States
Australian Human Rights
Commission, “Tackling Disability Discrimination in Sport: A unit of work for
the Australian Curriculum: Health and Physical Education, Years 9 and 10”
Sydney, Australian Human Rights Commission, 2014, www.humanrights.gov.au/publications/index.html,
Centre for Disease Control
“Disability Inclusion” in Disability and Health Promotion, Centre for Disease
Control and Prevention, 2020, https://www.cdc.gov/ncbddd/disabilityandhealth/disability-inclusion.html,
accessed 14/12/2022
Convention on the Rights of Persons with
Disabilities (IV-15), New York, United Nations, 2007, https://treaties.un.org/doc/Publication/CTC/Ch_IV_15.pdf,
Disability Discrimination Act 1992 (Cth) Australia
Kiefer, M. “Disability Sport:
Integration and Inclusion” Sports Conflict Institute, 2022, https://sportsconflict.org/disability-sport-integration-inclusion/,
accessed 14/12/2022
Kimak, S. “What Does Inclusivity
Mean To People With Disabilities?” Supportiv (February 19), 2022, https://www.supportiv.com/identity/what-does-disability-inclusivity-mean,
accessed 14/12/2022
Mitchell, B. “Disability
Discrimination” in Discrimination and Human Rights (17 August), The Queensland
Law Handbook, 2021, https://queenslandlawhandbook.org.au/the-queensland-law-handbook/your-rights-and-responsibilities/discrimination-and-human-rights/disability-discrimination/,
accessed 20/12/2022
Oxford University Press,
“discriminate” in Oxford Learner’s Dictionaries, 2023, https://www.oxfordlearnersdictionaries.com/definition/english/discriminate
Oxford University Press, “sport”
in Oxford Learner’s Dictionaries, 2023, https://www.oxfordlearnersdictionaries.com/definition/english/sport_1?q=sport,
accessed 5/3/2023
Play by the Rules “ASAPD Launches
Website for Disability Sport Access” in Play by the Rules (October), 2022, https://www.playbytherules.net.au/resources/articles/asapd-launches-website-for-disability-sport-access,
accessed 14/12/2022
Play by the Rules “Inclusion and
Diversity in sport - what is it” Play by the Rules, 2022, https://www.playbytherules.net.au/got-an-issue/inclusion-and-diversity/inclusion-and-diversity-what-is-it,
accessed 14/12/2022
Queensland Government
“Discrimination and your rights” in Your rights, crime and the law, Queensland
Government, 2020, https://www.qld.gov.au/law/your-rights/discrimination-and-equality/discrimination-and-your-rights,
accessed 20/12/2022
Rice, S. “What is Inclusivity?”
in Diversity for Social Impact, 2017, https://diversity.social/inclusivity/
[accessed 19/10/2022]
Society for Creative Anachronisms
Inc. Society for Creative Anachronism
Inc. Organisational Handbook, April 1, San Jose, Society for Creative
Anachronisms Inc., 2022
Society for Creative Anachronisms Ltd. Book
of Laws of the Kingdom of Lochac, Australia, SCA Ltd, 2021
Society for Creative Anachronisms
Ltd. Kingdom of Lochac COVID-19 Response
Plan V2.0, Society for Creative Anachronisms Ltd., 2022, https://seneschal.lochac.sca.org/files/2022/08/Kingdom-of-Lochac-COVID-19-Response-plan-V2.0.pdf,
accessed 12/01/2023
Society for Creative Anachronisms
Ltd, “Welcome!” SCA Ltd (Australia),
2022, https://sca.org.au/board/, accessed 21/12/2022
United Nations Department of
Economic and Social Affairs “Backgrounder: Disability Treaty Closes a Gap in
Protecting Human Rights” in Disability (May), United Nations Department of
Public Information, 2008 https://www.un.org/development/desa/disabilities/backgrounder-disability-treaty-closes-a-gap-in-protecting-human-rights.html,
accessed 19/12/2022
United Nations Department of
Economic and Social Affairs “The Convention in Brief” in Disability -
Convention on the Rights of Persons with Disabilities (CRPD), United Nations
Department of Economic and Social Affairs, 2008, https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/the-convention-in-brief.html,
accessed 19/12/2022
United Nations Department of
Economic and Social Affairs “The Convention Is in Force – What Next?” in
Disability , United Nations Department of Public Information, https://www.un.org/development/desa/disabilities/the-convention-is-in-force-what-next.html,
accessed 19/12/2022
United
Nations, “Conference of States Parties to the Convention on the Rights of
Persons with Disabilities, Fifteenth session, New York, 14–16 June 2022” New
York, United Nations, 2022
Wright Edelman, M. “It’s Hard to be What You Can’t See”,
Child Watch Columns, (21 August), Children’s Defense Fund, 2015, https://www.childrensdefense.org/child-watch-columns/health/2015/its-hard-to-be-what-you-cant-see/,
accessed 11/08/2023
-----------------------------------------------------------------------------------------------------
[1]
I started playing with the SCA in 1992, when I was a teenager. I became a paid member some years later due to financial constraints, however I have been playing constantly aside from gaps resulting from health, or other circumstances which I could not control, such as my parents moving.
[2] I successfully authorised and played as an armoured combat for a year before my disability prevented me from continuing this pursuit. I was quite disappointed; I was enjoying myself.
[3] Though there are other groups who are similarly excluded due to the nature of the combat, however, they are not the focus of this discussion paper.
[4] Society for Creative Anachronisms Inc. Society for Creative Anachronism Inc. Organisational Handbook, April 1, San Jose, Society for Creative Anachronisms Inc., 2022, p.58
[6] Society for Creative Anachronisms Ltd, “Welcome!” SCA Ltd (Australia), 2022, https://sca.org.au/board/, accessed 21/12/2022
[7] Boards of Directors
[8] That being government department, sometimes even which section of which government department is examining the individual. There are separate definitions of who qualifies as qualifying for support according to the Department of Social Security and the National Disability Insurance Agency; just because you qualify as “disabled” for one does not mean you qualify for support from the other. This is one of the issues people with disabilities face, let alone those within the Society.
[9] Americans with Disabilities Act 1990 (Federal) United States
[10] Society for Creative Anachronisms Inc., p.57
[11] The Convention was ratified by Australia on 17 July 2008.
[13] United Nations, “Conference of States Parties to the Convention on the Rights of Persons with Disabilities, Fifteenth session, New York, 14–16 June 2022”
[14]
Kimak, S.“What Does Inclusivity Mean To People With Disabilities?” Supportiv (February 19), 2022, https://www.supportiv.com/identity/what-does-disability-inclusivity-mean, accessed 14/12/2022[15] Centre for Disease Control
[16] Convention
on the Rights of Persons with Disabilities (IV-15), Article 1, p.4
[17] ibid., Article 10, p.10
[19] It appears in Chapter IV of the treaties of the United Nations concerning Human Rights, section 15.
[21] United Nations Department of Economic and Social Affairs “The Convention in Brief”
[22] ibid., Preamble, p.1
[23] Disability Discrimination Act 1992, Part 1, Section 3, p.1
[24] Americans with Disabilities Act 1990, Section 2, Subsection (a), p.3
[25] ibid., Sub-section (b), p.3
[26] Disability
Discrimination Act 1992, Part 2, Division 2, Section 28, p.29
[27] Convention on the Rights of Persons with Disabilities, Article 3, p.5
[28] Disability
Discrimination Act 1992, Part 2, Division 2, Section 27, p.28
Australian Human Rights Commission,
Disability
Discrimination Act 1992, Part 1, Section 5, p.9
Americans
with Disabilities Act 1990, Section 2, Subsection (a), p.3
Convention
on the Rights of Persons with Disabilities, Article 4, p.5
Americans
with Disabilities Act 1990, Section 2, Subsection (a), p.3
Convention
on the Rights of Persons with Disabilities, Article 4, p.6
Society for Creative Anachronisms Inc.,
p.58
Society for Creative Anachronisms Ltd,
“Welcome!”
Society for Creative Anachronisms Ltd. Book of Laws of the Kingdom of Lochac,
III.3. Selecting the Crown, i. Conduct of Combat, p.8
Society for Creative Anachronisms Inc.,
IV. ROYALTY, A. Selection, p.19
The affiliated Kingdom of Lochac being Australia and New Zealand applied for special dispensation for a different Crown selection process, but this was denied, https://sca.org.au/posts/alternative-crown-selection-processes/; Mondschein, K. “Society for Creative Anachronism Rules Australia/New Zealand Branch Must Continue to Choose Leadership by Combat”, Medievalists.net, 2022, https://www.medievalists.net/2022/12/society-for-creative-anachronism-rules-australia-new-zealand-branch-must-continue-to-choose-leadership-by-combat/, accessed 13/01/2023. This resulted in some further discussion on social media about the topic, and some people clamping down on the subject hard, as if it is now taboo. Even indicating, posting articles about the subject was enough for a person to be censured and warned about posting topics which were “Kingdom-specific” in the case of Society-wide social media. Where article was posted on Lochac sites, after some discussion the article was unceremoniously removed, which all sounds a lot like censorship to me.
Society for Creative Anachronisms Inc.,
IX. SOCIETY COMBAT, p.38
Disability
Discrimination Act 1992, Part 2, Division 2, Section 28, p.29
Not to mention it is also limiting to
those who are older, and biases itself toward male participants. While there are female
combatants, none have become Crown in Lochac
in their own right by winning a Crown Tournament,
at least at the time of writing this document.
Disability
Discrimination Act 1992, Part 2, Division 2, Section 27, 2 (c), p.28
Convention
on the Rights of Persons with Disabilities, Article 30, p.22
Disability
Discrimination Act 1992
I was subject to the threat of both from
a Society group on Facebook and my local Kingdom group, for daring to raise the
matter. People were happy to have a lively discussion about the subject at
least on the Kingdom page, but the discussion might lead to popular requests
for change.
Disability
Discrimination Act 1992 (Cth) Australia, Part 1, Section 4, p.5
Convention
on the Rights of Persons with Disabilities, Article 1, p.4
Disability
Discrimination Act 1992, Part 1, Section 5, p.9
Play by the Rules “Inclusion and
Diversity in sport - what is it”
Play by the Rules “Inclusion and
Diversity in sport - what is it”
Convention
on the Rights of Persons with Disabilities (IV-15), Article 2, p.4
Americans
with Disabilities 1990, Title I, Section 101, subsection 9, p.6
Disability
Discrimination Act 1992, Part 1, Section 4, p.7
Oxford University Press, “sport”
Disability
Discrimination Act 1992, Part 1, Section 3, p.1
ibid, Part 2, Division 2, Section 27,
p.28
