European Air Rules To Protect Disabled Passengers Need An 'Enforcer'

August 3, 2007

New European Air rules to ensure fairer treatment for disabled

passengers are welcome but need an enforcing body says the

Disability Rights Commission (DRC).

The new Regulation, which came into effect on 26 July, means that

for the first time, disabled passengers flying within Europe cannot

be refused a flight because of their disability.

But if a disabled person is discriminated against and wants redress,

there is no rights-based enforcing body, such as the DRC or the new

Commission for Equality and Human Rights, to help support their

claim.

An additional gap in the new Regulation means that some disabled

people aren't protected by the new rules - such as someone with HIV

or Tourettes - because they are not classed as disabled. Individuals

can face discrimination because of the stigma of their condition -

for example, the DRC heard from a man with Tourettes who was refused

a flight because of his impairment.

Responding to the new Regulation, the Chairman of the DRC, Sir Bert

Massie said:

" These are important new rules. For the first time, disabled people

have the right to fair treatment when flying. But some disabled

travellers - for example people like former minister Lord (Chris)

or Big Brother winner Pete - could still be treated

unfairly without redress.

The Regulation does not permit a UK body to help represent a

disabled person in court. Without this, disabled travellers who've

faced unfair treatment are unlikely to take the gruelling path to

the courtroom.

These gaps in the Regulation can only be safely plugged if the

current exemption of air transport from the Disability

Discrimination Act was lifted.

The new Commission for Equality and Human Rights must be given the

power to support individuals who have faced discrimination when

travelling by air. Without this, the Regulation won't bite. "

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