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Media

Re: Media

Postby eczemavoice » Sun Sep 02, 2001 10:06 pm

This was in the Sunday Times - and includes a very helpful reference to eczemavoice

Q - My six-month-old niece is suffering from eczema. Can you suggest any natural remedies? I thought a change of milk might help, but my sister says you can only give babies cow's milk.

S Mills, Bristol

A - Eczema is always a response to an allergen, which may be a food or some other everyday item, such as a household detergent, that has come into contact with the skin. In children, allergies to cow's milk, eggs and peanuts account for more than 80% of cases, which means you are quite right to suggest switching from cow's milk.

Indeed, scientists have now shown what natural healers have maintained all along - that many infants have a problem digesting milk. Researchers at the Experimental Research Center at Lund University, in Sweden, report that a quarter of all babies with mild to moderate colic are reacting to cow's milk. They concluded that mothers who are breast-feeding infants with this problem should adopt a strict dairy-free diet and take calcium supplements instead. Formula-fed infants can also be taken off cow's milk and given a hypoallergenic casein-hydrolysate formula instead.

To rebuild a strong digestion, your sister needs to supplement her daughter's diet with a good-quality probiotic powder (the so-called good bacteria that help with digestion) designed for infants.

* Solgar's ABC Dophilus Powder costs £13.85 for 49.6g (call 01442 890355 for local stockists). Mix half a teaspoon with a little warm water each day. Allow six to eight weeks for dietary changes to have a positive effect. To find out how other eczema sufferers - children, their parents and adults - cope with the condition, visit www.eczemavoice.com
thank you Sunday Times :)
eczemavoice
 

Re: Media

Postby eczemavoice » Fri Oct 19, 2001 12:05 am

Thank you to Bella for putting us in as website of the week! in this weeks issue
:)
eczemavoice
 

Re: Media

Postby eczemavoice » Mon Oct 29, 2001 9:54 pm

thanks to BBC2 for having us on ceefax page 652 this week
:)
eczemavoice
 

Re: Media

Postby Eczema Voice for Brenda Short » Wed Aug 21, 2002 9:08 pm

Let's go........action time


An open e-mail to all professional and individuals with an interest in the rights of those with eczema, asthma and/or allergies including allergic rhinitis. (also available in word form- see attached file).

I am an academic lawyer who has significant problems in the past with eczema and allergies and have family members who have allergies. In Autumn 1993 I began raising awareness in the media to the dangers of severe allergy, peanut and nut allergy in particular, going to co-found the Anaphylaxis Campaign in January 1994.


There is currently a review of the Disability Discrimination laws in UK . I believe it is important that this review should include the rights of people who suffer from such severe eczema, asthma and/or allergies that it has a substantial and long term adverse effect on their ability to carry out normal day to day activities.

The Disability Rights Commission (DRC), an independent body set up by an Act of Parliament in April 2000 to enforce the rights of disabled people, is currently conducting its first legislative review of Disability Discrimination Act 1995 & is inviting comments. Currently, seasonal allergic rhinitis (hayfever) is excluded from conditions which can amount to an impairment, regardless of the severity of the condition. The DRC is inviting comments on whether seasonal allergic rhinits should continue to be excluded..

THESE COMMENTS SHOULD HAVE BEEN RECEIVED BY 16th AUGUST 2002- BUT WILL ACCEPT FEEDBACK RECEIVED IN THE NEAR FUTURE-please act urgently.

The legislative review is downloadable from DRC website. http://www.drc.org.uk/drc/InformationAndLegislation/InformationAndLegislationMenu.asp

DRC HELPLINE contact by voice, text, fax, post or email. Operator available between 08:00 -20:00, Mon- Fri.Telephone 08457 622 633 Textphone 08457 622 644

Fax 08457 778 878 Email enquiry@drc-gb.org,

Post: DRC, FREEPOST MID 02164, Stratford upon Avon CV37 9BR.

1) Disability Discrimination Act 1995 (referred to as DDA 1995) makes it unlawful for a person with a disability to be discriminated in the area of employment, access to goods, facilities and services, the management, buying or renting of land or property and as from September 2002, education.

2) The DDA 1995 describes a disabled person as 'anyone with a physical or mental impairment, which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'. The Act specially includes some medical conditions such as HIV and Cancer, but does not mention eczema, asthma or allergies. There is a list of physical and mental impairments (e.g. mobility, continence, speech, hearing etc ), conditions which affect the ability of the person to carry out normal day to day activities, but not including criteria that would easily apply to those whose eczema, asthma or allergies have substantial adverse affect on their ability to carry out normal day to day activities.

Eczema, asthma & allergies are all conditions that can have a major impact on someone’s ability to carry out normal day to day activities, such as breathing, eating, ability to work/ attend education - but current legislation not easy to apply to them.

3) At the moment "seasonal allergic rhinitis" is specifically excluded from being considered an impairment under Section 4 (2) Disability Discrimination (Meaning of Disability) Regulations 1996. Other conditions specifically excluded by these Regulations include those with addiction to alcohol, nicotine, and other substances, those with personality disorders that cause tendency to lit fires, steal, physically or sexually abuse of other persons, exhibitionism, voyeurism, and life style choices such as tattoos and piercings.

A copy of the Regulation is included in the text below. Also obtainable from Government Website: www.legislation.hmso.gov.uk/si/si1996/Uksi_19961455_en_1.htm

The review is asking whether seasonal allergic rhinitis should continue to be excluded from Disability Discrimination Act - do you have views on this?

4) The USA has had disability discrimination law slightly longer than UK. Under their law, the American with Disabilities Act 1990 has to consider a list of 28 categories of impairment including one for Asthma and another for Allergies; Asthma and allergies are considered impairments even if the symptoms are controlled by medication (Eczema sufferers-I have not done any research how eczema Is dealt with ). The definition of disability in the US legislation is described as someone who has a physical or mental impairment that substantially limits one or more major life activities or is regarded as having such impairment. Breathing, eating, going to work or education are considered major life activities. The US definition makes it easier for the difficulties experienced by eczema, asthma & allergy sufferers to be considered.

5) Please let the Commission know :

a) Any experience you have of discrimination/difficulties encountered (either yourself, family member, patient etc) due to eczema, asthma and/or allergies affecting person’s ability to access education, work, facilities, goods or services due to these conditions.

b) If you think Disability Discrimination law should specifically include eczema, asthma and allergies including seasonal allergic rhiniits where it has a substantial adverse effect on a person’s ability to carry out normal day to day activities.

6) this email includes extracts from UK legislation & information from American Allergy Organisation Websites and how US legislation caters for those with allergies & asthma.

7) I am in the process of preparing a letter/email to send to the Disability Rights Commission- which I am hoping to forward to you later today. Please send a letter/ email to the Disability Rights Commission if you think the rights of those with eczema, asthma and allergies should be considered in UK Disability Discrimination Law.

Even if you only have time to register your professional position /organisation/reason for interest (e.g. adult asthma sufferer, parent of child with allergies) and that you think the issue relating to eczema, asthma and allergies should be addressed by UK disability discrimination legislation.

Thanks for your time & support

"Never underestimate the power of the pen "

Brenda Short LLB LLM c Aug 2002 (extracts from email may be forwarded /posted on the web provided it is attributed to the author)
Extracts from Disability Rights Commission website on what counts as disability:

http://www.drc.org.uk/drc/RightsAndRequirements/Page111.asp

Overview of Your Rights Under the Disability Discrimination Act 1995
What counts as a disability?

The DDA describes a disabled person as 'anyone with a physical or mental impairment, which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'. This is meant to be a fairly wide definition and includes:

physical impairment – this includes weakening or adverse change of a part of the body caused through illness, by accident or from birth.
For example, amongst many other situations, blindness, deafness, heart disease, the paralysis of a limb or severe disfigurement.

mental impairment – this can include learning disabilities and all recognised mental illnesses.
For example, mental illnesses specifically mentioned in the World Health Organisation’s International Classification of Diseases are very likely to be included.

substantial - this does not have to be severe, but is more than minor or trivial.
long-term adverse effect – that has lasted or is likely to last more than 12 months.
a normal day-to-day activity – that is, one that affects one of the following: your mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; or perception of the risk of physical danger. It does not include the ability to work because no particular form of work is ‘normal’ for most people.
When considering the effects of a disability against the description above, focus on the condition itself, and what it would be like without any medical treatment (for example, diabetes controlled with insulin), or equipment (such as a hearing aid). The only exception to this rule is where poor eyesight is improved by wearing glasses or contact lenses. In this case the effects that count are those which remain even with the glasses or lenses.

What doesn’t count as a disability?

Certain conditions are not considered impairments under the DDA:

lifestyle choices such as tattoos and non-medical piercings;
tendency to steal, set fires, and physical or sexual abuse of others;
exhibitionism and voyeurism;
hayfever, if it doesn’t aggravate the effects of an existing condition;
addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed;
.

Extracts from Disability Discrimination Act 1995
1.—(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

Schedule 1

4.—(1) An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following—

(a) mobility;

(b) manual dexterity;

(c) physical co-ordination;

(d) continence;

(e) ability to lift, carry or otherwise move everyday objects;

(f) speech, hearing or eyesight;

(g) memory or ability to concentrate, learn or understand; or

(h) perception of the risk of physical danger.

(2) Regulations may prescribe—

(a) circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;

(b) circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.

The Disability Discrimination (Meaning of Disability) Regulations 1996 (statutory Instrument 1996, nr. 1455)

In exercise of the powers conferred on the Secretary of State by paragraphs 1(2), 2(4), 3(2) and (3), 4(2)(a) and 5(a) of Schedule 1 to the Disability Discrimination Act 1995, the Secretary of State for Social Security hereby makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the Disability Discrimination (Meaning of Disability) Regulations 1996 and shall come into force on 30th July 1996.

Interpretation
2. In these Regulations—

"the Act" means the Disability Discrimination Act 1995; and

"addiction" includes a dependency.

Addictions
3.(1) Subject to para (2) below, addiction to alcohol, nicotine or any other substance is to be treated as not amounting to an impairment for the purposes of the Act.

(2) Paragraph (1) above does not apply to addiction which was originally the result of administration of medically prescribed drugs or other medical treatment.



Other conditions not to be treated as impairments
4.—(1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:—

(a) a tendency to set fires,

(b) a tendency to steal,

(c) a tendency to physical or sexual abuse of other persons,

(d) exhibitionism, and

(e) voyeurism.


(2) Subject to paragraph (3) below for the purposes of the Act the condition known as seasonal allergic rhinitis shall be treated as not amounting to an impairment.

(3) Paragraph (2) above shall not prevent that condition from being taken into account for the purposes of the Act where it aggravates the effect of another condition.

Tattoos and piercings
5. For the purposes of paragraph 3 of Schedule 1 to the Act a severe disfigurement is not to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if it consists of—

(a) a tattoo (which has not been removed), or

(b) a piercing of the body for decorative or other non-medical purposes, including any object attached through the piercing for such purposes.

Babies and Young Children
6. For the purposes of the Act where a child under six years of age has an impairment which does not have an effect falling within paragraph 4(1) of Schedule 1 to the Act that impairment is to be taken to have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have a substantial and long-term adverse effect on the ability of a person aged 6 years or over to carry out normal day-to-day activities

(Comment: It seems incongruous that seasonal allergic rhinitis should be specially excluded along with such personality disorders as " a tendency to lit fires", "a tendency to steal" etc and those who have made lifestyle choices with "tattoos" or "piercings". ).


.



COMPARE TO AMERICAN LEGISLATION
From Asthma & Allergy Foundation of America Florida Chapter Inc. website
http://www.aafaflorida.org/features/answers/index.htm
Any food can cause an allergic reaction, but only eight foods cause nine out of ten reactions. They are milk, soy, eggs, wheat, peanuts, tree nuts, fish and shellfish
The Americans With Disabilities Act How Does it Affect You?
Has your child been rejected by a preschool or excluded from a field trip because a teacher was afraid to use his or her EpiPen?
Does a moldy carpet at work or school make you sick?
Does stale smoke in offices, hotel rooms or conference centers make it hard for you to take part in routine business activities?
The Americans with Disabilities Act (ADA) is a civil rights law that gives you the right to ask for changes where policies, practices or conditions exclude or disadvantage you. As of January 26, 1992, public entities and public accommodations must ensure that individuals with disabilities have full access to and equal enjoyment of all facilities, programs, goods and services.
The ADA borrows from Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination on the basis of disability in employment and education in agencies, programs and services that receive federal money. The ADA extends many of the rights and duties of Section 504 to public accommodation such as restaurants, hotels, theaters, stores, doctors' offices, museums, private schools and child care programs. They must be readily accessible to and usable by individuals with disabilities. No one can be excluded or denied services just because he/she is disabled or based on ignorance, attitudes or stereotypes.
Does the ADA Apply to People with Asthma and Allergies? Yes. In both the ADA and Section 504, a person with a disability is described as someone who has a physical or mental impairment that substantially limits one or more major life activities, or is regarded as having such impairments. Breathing, eating, working and going to school are "major life activities". Asthma and allergies are still considered disabilities under the ADA, even if symptoms are controlled by medication.
The ADA can help people with asthma and allergies obtain safer, healthier environments where they work, shop, eat and go to school. The ADA also affects employment policies. For example, a private preschool can not refuse to enroll children because giving medication to or adapting snacks for students with allergies requires special staff training or because insurance rates might go up.

A firm can not refuse to hire an otherwise qualified person solely because of the potential time or insurance needs of a family member.
In public schools where policies and practices do not comply with Section 504, the ADA should stimulate significant changes. In contrast, the ADA will cause few changes in schools where students have reliable access to medication, options for physical education, and classrooms that are free of allergens and irritants.
How Will the ADA Work?
In most cases, employees and employers, consumers and business, and administrators and students will work together to improve conditions and remove barriers to promote equal access and full inclusion.
Marie Trottier, Harvard University's Administrator of Disability Services, explains that her role includes educating nonallergic managers, colleagues and coworkers about the needs of people with environmental sensitivities. She also trains staff in education and employment policies, benefits and procedures.
"Changes depend as much on interpersonal consideration as they do on legal rights", she says. "It shouldn't be uncommon for people with asthma and allergies to get the same respect for their needs as people with more visible disabilities".
When Ms. Trottier arranges for accommodations on offices, classrooms and student housing, she considers the nature of the disability and the specifics of each situation. She might install an air conditioner or arrange for an office with a window that opens. She has relocated a microwave oven and reorganized office spaces to help people with allergies avoid cooking odors.
Employees might need prior notice of renovation or lawn care projects so they can modify their schedules to avoid the irritants and allergens.
Professors may ask students not to wear scented products to class. Students affected by dust, paper fibers, or ink can have someone borrow library materials for them or they can use an on-line computer system. Ms.Trottier says that "all of these options for students and employees require time and energy, flexibility and creativity, more so than money." A sign in her office underscores her point, "Attitudes are the real disabilities."


Making the ADA Work for You
If your child needs consideration because of asthma or allergies, talk to the school administrator, manager, employer, human resources specialist or disabilities service coordinator. He or she should have a procedure for collecting necessary information and planning appropriate changes, aids or services. You can call on a variety of sources for advice and creative practical ideas. (See Resources)
Under Section 504, public schools and programs can not avoid their responsibility by claiming to have limited resources. Nor can they impose a "disparate impact" on people with disabilities. The ADA requires public accommodation to make changes, except in cases where an "undue burden" would result.The law does not define "undue burden." It depends on the organization's size and the real costs of the changes. The business or program must show that it properly assessed the individual's needs and tried to find the necessary resources.
Don't be Afraid to Speak Up The ADA prohibits retaliation, harassment, or coercion against individuals who exercise their rights or assist others in doing so. If you feel you have been treated unfairly, you may file a complaint with the U.S. Attorney General who refers complaint to the appropriate agency. The Attorney General can bring lawsuits to seek money damages and civil penalties in cases of general public importance, or where there is a "pattern or practice" of discrimination.
Individuals can also file a private suit to get a court order requiring a business or program to make necessary changes and to pay attorney's fees. Other remedies may include reinstatement in your job and back pay.
The ADA is Evolving Court decisions and rulings will slowly define how the ADA will affect us. The real moment for changes will come as we work creatively together to promote the inclusive attitudes and environments that fulfill the promise of the ADA for ourselves and our children.This information is not meant to substitute for professional legal advice.

Ref: Asthma and Allergy Foundation of America Florida Chapter Inc. , 11700 N. 58th St, Suite J, Tampa, FL 33617 (813) 983-0244 www.aafaflorida.org


AMERICAN WEBSITE WHICH REFERS TO PEANUT ALLERGY & ADA 1990 http://www.sneezedoctors.com/peanut_allergy.htm
SHOULDN’T THE CHILD KNOW NOT TO EAT PEANUTS? Children with food allergies generally know which foods to avoid. Unfortunately, sharing of foods and the inadvertent mixing of foods between children in school is very common. Also, some children can have a life-threatening reaction to just a fraction of a peanut.
IF THE REACTION IS SO SERIOUS, WHY IS THE CHILD IN SCHOOLThe reaction is always avoidable with appropriate care, as outlined above and reversible if a reaction should occur. Also, the Americans with Disabilities Act legally protect the child’s place in the classroom.

INFORMATION FROM US DEPT OF JUSTICE WEBSITE
Information about American With Disabilities Act 1990 www.usdoj.gov/crt/ada/adahom1.htmhttp://www.eeoc.gov/docs/ada98.html
The Equal Employment Opportunity Commission (Commission) is responsible for enforcing Title I of the Americans with Disabilities Act of 1990 (ADA) and is authorized to bring civil actions under that title as it applies to private employers, employment agencies, labor organizations and labor-management committees.
The ADA litigation docket is a compilation of all the ADA lawsuits brought by the Commission in district court from the beginning of the enforcement of the ADA through the end of fiscal year 1998. It also includes the ADA cases that the Commission has pursued at the appellate level or has participated in as amicus during the same time period. ..& are indexed by issues and impairments.
(The EOC lists 28 categories for impairments, including one each for allergy & asthma.)
http://www.usdoj.gov/crt/ada/cguide.htm
US dept of Justice: Americans with Disabilities Act (ADA)The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.
An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
ADA Title I: Employment
Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title 1.
The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services.
ADA Title II: State and Local Government Activities
Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).
ADA Title II: Public Transportation The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services.
ADA Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.
From the US Dept of Justice website. Information about American With Disabilities Act 1990 www.usdoj.gov/crt/ada/adahom1.htmhttp://www.eeoc.gov/docs/ada-98.html
The Equal Employment Opportunity Commission (Commission) is responsible for enforcing Title I of the Americans with Disabilities Act of 1990 (ADA) and is authorized to bring civil actions under that title as it applies to private employers, employment agencies, labor organizations and labor-management committees. (the EOC lists 28 categories for impairments, including one each for allergy & asthma.)
US dept of Justice: Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.
An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

[end of information about the US’s American With Disabilities Act 1990]
Eczema Voice for Brenda Short
 

Re: Media

Postby Eczema Voice for Brenda Short » Mon Aug 26, 2002 8:43 pm

Dear all, I enclose a copy of the email I sent to Disability Rights Commission. Thanks to those who have responded to my first email & have contacted the DRC already.
Brenda Short

To: Disability Rights Commission

DRC, FREEPOST MID 02164,

Stratford upon Avon CV37 9BR. enquiry@drc-gb.org

Contents of this email also sent in easy to print word form ( in attached file)

Re 1st legislative review on Disability Discrimination Act 1995

RECOMMEND CHANGES TO DDA 1995
a) I believe that the Disability Discrimination Act 1995 should be amended to specifically include those suffering from eczema, asthma and allergies.

b) I also believe seasonal allergic rhinitis should be specifically included in the Disability Discrimination Act 1995 and S4 (2) Disability Discrimination (Meaning of Disability) Regulations 1996 which excludes seasonal allergic rhinitis should be repealed.
c) I consider the Disability Rights Commission should specifically address the discrimination/ difficulties that Eczema, Asthma and Allergy Sufferers experience in their normal day to day lives. The Medical Profession, Medical charities & self help groups and those with suffering from atopic conditions (eczema, asthma and/or allergies) should be specifically asked to give evidence. Have any of the larger medical charities (e.g. National Asthma Campaign, National Eczema Society, Allergy UK, Anaphylaxis Campaign, Latex Allergy Support Group) specifically been invited to contribute to this review. They may be unaware of the DRC 1st Legislative Review even though they are aware of discrimination experienced by sufferers.


2) MEDICAL CONDTIONS

a) Adults/Children whose eczema, asthma and/or allergies has a significant adverse effect on their lives are eligible for Disability Living Allowance and as such ought to be covered by Disability Discrimination Act 1995.

b)Those suffering from eczema, asthma and allergies need safe and healthy environments to carry out their day to day activities such as working, attending education, shopping , eating and breathing.

c) Someone suffering from asthma and/or allergies, may on occasion need emergency life saving medical treatment.

d) A person suffering from asthma, may require an asthma inhaler, if the condition becomes more serious, they may require more specialised treatment or emergency admission to Accident and Emergency Dept. Asthma attacks are sometimes fatal

e) A person suffering from allergy, may need emergency life saving treatment if they experience angio oedema swelling of the mouth, throat and/or airways or anaphylaxis. Treatment includes the administering of antihistamine tablets, adrenaline inhaler and/or adrenaline injection. There is now an easy to use adrenaline injection called the Epi Pen, as well as another self administering adrenaline injection (adrenaline sometimes called Epinephrine in some countries. E.g USA).

It only takes a few minutes for someone to die from an anaphylactic reaction.
f) An allergic person can unexpectedly experience serious allergic reaction, when previously they had only had minor reactions. In these circumstances, the person may not have been prescribed adrenaline injection by their GP. Therefore, it is important that where allergic person is unable to obtain urgent medical help from a Doctor’s surgery, ambulance service or Accident & Emergency Dept, that there is a trained first aider who has the necessary emergency rescue treatment and is authorised and trained to use it (e.g. airlines or cross channel ferries).

g) Children with asthma & allergies may be prescribed emergency rescue medication which they need to carry with them at all times. Children at risk from life threatening reactions need to be under the care of a responsible adult at all times, who is able to monitor their well-being and administer medication if necessary.


3) EDUCATION/ SCHOOL TRIPS/ ACTIVITIES FOR CHILDREN

a) My personal experiences are with children at risk of severe allergic reactions. Allergic children have been refused admission to nursery schools, play groups, schools, school trips, play schemes etc. In other cases, the child has only been able to attend when a parent/adult has been able to accompany the child

b) Many Consultant Doctors with child patients suffering severe allergies/asthma have come across parents experiencing difficulties with issues relating to school/local education dept policies over medication being kept at school and whether any school staff are willing to take responsibility to administer medication in an emergency situation. Other issues have concerned :

whether the child could keep his medication on his person,

whether the school insist it is kept in a locked cupboard and

school staff refusing to allow a child assess to medication.

c) In my area we are extremely fortunate to have an excellent paediatric team dealing with children suffering from asthma & allergies. In 1993 the team, including Consultant, Professor John Warner, at Southampton General Hospital ,set up a scheme whereby the school nurses would train school staff how to deal with asthma and allergic reactions, including training in how to administer an adrenaline injection for acute allergic reaction. The team also liased with Hampshire CC who agreed to legally indemnify any member of the school staff administering medication.

d) I personally know an allergic child who was excluded from an infant School, a few weeks after she joined the school, on the grounds that the school did not want to take responsibility for her allergies. The child moved to another school. Her headmaster father went on to join a Govt. working party which formulated guidance notes for schools on dealing with children with medical needs. This was jointly published by Dept for Education & Skills and Dept of Health in a document :

"Dfes, SUPPORTING PUPILS WITH MEDICAL NEEDS-A GOOD PRACTICE GUIDE

It gives advice for schools on drawing up medication policies and setting up management systems to support pupils' medical needs. The four medical conditions covered being : Asthma, Epilepsy, Diabetes & Anaphylaxis (severe allergic reaction).

Dept for Education and Skills :tel 0845 602 2260 www.dfes.gov.uk/medical

e) I understand some primary school children with allergies have had an educational statement and they have a one to one helper in class.


f) some school caters will not provide school lunch for allergic children- this can cause financial hardship for those families entitled to free school lunches. I have heard of some allergic children being made to eat their school lunch (sandwiches) on a table by themselves every day.

g) Some schools are now peanut/nut free zones.


h) Earlier this year, the Disability Rights Commission successfully brought the case of the diabetic child excluded from a school trip where it was held that the school had contravened the Disability Discrimination Act 1995. Children who have also been excluded from school trips because they suffer from asthma and allergies and ought to equally have the opportunity to seek readdress under the auspices of the Disability Discrimination Act 1995.

4) DISCRIMINATION

The difficulties experienced by some disability groups (such as wheel chair users) is more obvious. E.g. Without access to a restaurant, a wheelchair user is unable to obtain a meal. A person with a life threatening food allergy might not experience any mobility problems going into the restaurant, but they are equally unable to obtain a meal if the restaurant staff are unable to provide adequate and accurate list of ingredients.

Doctors, medical charities & self help groups will all be able to give examples of discrimination.

Some of the areas which may cause difficulties for a person with eczema, asthma and/or allergies to carry out their normal day to day activities and /or where they have been discriminated against:

a) Environment

the quality of the air (e.g. smoke, fumes),

Some people become ill if they have to work or sleep (e.g in a hotel room) in an environment previous used by a smokers.

Exposed to certain substances or their fumes (e.g. latex gloves, smoke, bowls of peanut on the bar in a Pub, peanut fumes on aircraft )

b) Employment

People have been excluded from employment opportunities due to their eczema, asthma and/or allergies.

There are now significant numbers of people who are becoming latex allergic whilst working in hospital/ medical/ dental environment

I understand some applicants have been refused entry to uniformed services (including fire brigade) due to their asthma/allergies.



A man was offered but did not take up entry to the RAF when he was 18 yrs old. Now in his 30’s, he recently decided to re-apply , but was refused entry on medical grounds due to his peanut allergy. This allergy had not been considered a valid reason to refuse entry when he applied previously.

c) Education
Children with severe allergy have been excluded from day nurseries, both private and state run, and from school because the staff were unwilling to take responsibility for the child’s medical condition.

Some schools have been unwilling to cater for allergic children. Sometimes food allergic have had to eat lunch on separate table from all other children.

Some primary school age children with severe allergies have been made the subject of an educational statement so that they have individual supervision during the day.

d) Services/Facilities

Organisations, such as a recreation centre, holiday/sports scheme, had refused to accept a child with special medical needs because they are unwilling to accept responsibility for monitoring the child & administer medication (asthma inhalers, adrenaline inhaler, adrenaline injection etc).

There can be problems obtaining medical or holiday insurance, even if the person carries medication.

e) Food- cafes/restaurants/buying food in shops

Some people at risk of anaphylaxis (a severe allergic reaction) have died as a result of inadequate and/or inacurate labelling. This makes others with similar conditions reluctant/ anxious to eat food when they are unsure of the ingredients or whether their has been cross contamination. Equally, it makes some establishments reluctant to cater for them. .

Restaurants have refused to cater for those with food allergies. In 2002, a Cornish hotel refused to accept bookings from food allergic guests unless they signed a disclaimer in case the guest was inadvertently served food to which he was allergic.

Misleading food labelling- Discriminates against people who are allergic to certain foods. A peanut allergic child suffered an extreme allergic reaction to a almond cake. Further investigation revealed the almond flour actually consisted of almond flavouring and peanuts.

Sometimes it is difficult for the food allergic person to know what food/food products to purchase because so many have blanket labelling- particularly "may contain peanut & nut traces". Sometimes bakery staff are poorly trained and they are not able to give any adequate or accurate ingredient information.

Coffee Shops and Cafes sometimes have notices saying "Any food or drink may contain nuts* and sesame seeds". Bakeries, including Supermarkets in-house bakeries, sometimes have notices saying "Any food from the bakery may contain nuts* and sesame seeds".

[*Peanuts are legumes and not part of the tree nut family , but these notices usually mean to include peanuts.]

It should be possible for large manufacturers to provide staple foods (e.g. biscuits, bread, cakes) that are free from "may contain traces of nuts" without the customer having to pay a premium for the goods. (Vegetarian food is often labelled & with a symbol- the same ought to be possible for the common foods which cause food allergies).


f) Transport

Airlines/Cross Channel ferries

Lack of appropriate asthma/allergy medical kits on airlines/cross channel ferries. Airlines carry sealed medical kits which they are allowed to open in certain circumstances Several years ago I sent information about severe allergies to the Coroner in Rochdale investigating the death of the woman who died on the flight back to Manchester. She died after inadvertently eating food containing nut to which she was allergic. At the time, I phoned a number of airlines and was shocked to discover most airlines didn't carry asthma/ adrenaline inhalers or injections. Some airlines only carry it in phial form and it can only be administered if a doctor is on board. I also discovered that Cross Channel ferries don’t carry asthma inhalers or adrenaline in their first aid kits.

More recently, a man told me that he accidentally ate food containing nut on an airline returning to UK . All the airline staff could give him for his severe allergic reaction was antihistamine tablets which he was advised to crush up in his mouth. An ambulance was waiting on the runway and he was transferred to hospital.

My M.P. Desmond Swayne representing, New Forest West, has asked questions in the House of Commons about allergy issues including medical equipment on airlines. All airlines/Cross Channel ferries should carry asthma/allergy medication and be trained & authorised to use it when necessary. If school staff can trained & authorised to administer adrenaline injections in emergency, then so should airlines/cross channel ferries. US airlines carry more comprehensive medical kits.

Some airlines have discontinued serving peanuts on flights, others will take them off the flight if a peanut allergic person is on board. The fumes can sufficient to trigger a problem.

Coach/trains The same applies should apply to coaches and trains, including the Eurostar which takes over 20 minutes to travel through the channel tunnel).

g) Theatres
If you have a food allergy (e.g milk or peanut ), it can be difficult to visit the theatre in case someone nexts to you starts eating ice cream or peanuts in the dark . Maybe Theatres could keep a row of "food free "seats at the front of a section, which would be kept food free, if someone requested it. (it is safer if no specific food is identified).

h) Examples of Good Practice
I know several food allergic students who have been given fridges in their room at Halls of Residence, so the student does not have to share communal kitchens, with risk of cross contamination of food.
A children’s activity centre removed all peanut/nut sweets & chocolate bars from their tuck shop & vending machines, to accommodate school party with allergic child .
5) OTHER COUNTRIES -USA.
I have only made a comparative study of the disability discrimination law in USA. In USA, asthma and allergy sufferers have rights under The American with Disabilities Act 1990. The definition of a person with a disability is described as someone who has a physical or mental impairment that substantially limits one or more major life activities, or is regarded as having such impairments. Breathing, eating, working and going to school are "major life activities". Asthma and allergies are still considered disabilities under the ADA 1990, even if symptoms are controlled by medication.
ADA 1990 was used in case involving a large chain of day care nurseries, which had refused to admit children with disabilities, including a wheelchair user, diabetic child and 3 with food allergies. In a settlement agreed at mediation, the company agreed to admit all the children. With regard to the allergic children, the company agreed to draw up a medical protocol and arrange medical training for the staff.
Seasonal allergic rhinitis should not have to aggravate another condition, it can have a substantial adverse effect on the ability of a person to carry out their normal day to day activities in its own right.
Take the example of a primary school teacher who suffers badly from hayfever. When there is a very high pollen count, it may not be very easy for her to take a games class on the school field. Similarly, a senior school teacher might not be able to accompany his class on a field trip. In these circumstances, it is not unreasonable for the teachers to want to swap duties. In most cases, this can be done by simple agreement. However, in cases where the school is inflexible, the teachers might need the backup of disability discrimination law.
It seems incongruous that Seasonal Allergic Rhinitis is excluded from the Disability Discrimination Act 1995 under Section 4 of Discrimination (Meaning of Disability ) Regulations 1996, along with certain personality disorders such as tendency to set fires or steal.
In conclusion, believe that eczema, asthma and allergies including seasonal allergic rhinitis should all be considered impairments under the Disability Discrimination Act 1995.
Brenda Short LLB LLM
Enclosed:
a) Extracts from American websites explaining how asthma and allergies dealt with under American Disabilities Act 1990.
b) List of UK medical charities involved with eczema, asthma and or allergies.
COMPARE TO AMERICAN LEGISLATION
From Asthma & Allergy Foundation of America Florida Chapter Inc. website
http://www.aafaflorida.org/features/answers/index.htm
Any food can cause an allergic reaction, but only eight foods cause nine out of ten reactions. They are milk, soy, eggs, wheat, peanuts, tree nuts, fish and shellfish
The Americans With Disabilities Act How Does it Affect You?
Has your child been rejected by a preschool or excluded from a field trip because a teacher was afraid to use his or her EpiPen?
Does a moldy carpet at work or school make you sick?
Does stale smoke in offices, hotel rooms or conference centers make it hard for you to take part in routine business activities?
The Americans with Disabilities Act (ADA) is a civil rights law that gives you the right to ask for changes where policies, practices or conditions exclude or disadvantage you. As of January 26, 1992, public entities and public accommodations must ensure that individuals with disabilities have full access to and equal enjoyment of all facilities, programs, goods and services.
The ADA borrows from Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination on the basis of disability in employment and education in agencies, programs and services that receive federal money. The ADA extends many of the rights and duties of Section 504 to public accommodation such as restaurants, hotels, theaters, stores, doctors' offices, museums, private schools and child care programs. They must be readily accessible to and usable by individuals with disabilities. No one can be excluded or denied services just because he/she is disabled or based on ignorance, attitudes or stereotypes.
Does the ADA Apply to People with Asthma and Allergies? Yes. In both the ADA and Section 504, a person with a disability is described as someone who has a physical or mental impairment that substantially limits one or more major life activities, or is regarded as having such impairments. Breathing, eating, working and going to school are "major life activities". Asthma and allergies are still considered disabilities under the ADA, even if symptoms are controlled by medication.
The ADA can help people with asthma and allergies obtain safer, healthier environments where they work, shop, eat and go to school. The ADA also affects employment policies. For example, a private preschool can not refuse to enroll children because giving medication to or adapting snacks for students with allergies requires special staff training or because insurance rates might go up.
A firm can not refuse to hire an otherwise qualified person solely because of the potential time or insurance needs of a family member.
In public schools where policies and practices do not comply with Section 504, the ADA should stimulate significant changes. In contrast, the ADA will cause few changes in schools where students have reliable access to medication, options for physical education, and classrooms that are free of allergens and irritants.
How Will the ADA Work?
In most cases, employees and employers, consumers and business, and administrators and students will work together to improve conditions and remove barriers to promote equal access and full inclusion.
Marie Trottier, Harvard University's Administrator of Disability Services, explains that her role includes educating nonallergic managers, colleagues and coworkers about the needs of people with environmental sensitivities. She also trains staff in education and employment policies, benefits and procedures.
"Changes depend as much on interpersonal consideration as they do on legal rights", she says. "It shouldn't be uncommon for people with asthma and allergies to get the same respect for their needs as people with more visible disabilities".
When Ms. Trottier arranges for accommodations on offices, classrooms and student housing, she considers the nature of the disability and the specifics of each situation. She might install an air conditioner or arrange for an office with a window that opens. She has relocated a microwave oven and reorganized office spaces to help people with allergies avoid cooking odors.
Employees might need prior notice of renovation or lawn care projects so they can modify their schedules to avoid the irritants and allergens.
Professors may ask students not to wear scented products to class. Students affected by dust, paper fibers, or ink can have someone borrow library materials for them or they can use an on-line computer system. Ms.Trottier says that "all of these options for students and employees require time and energy, flexibility and creativity, more so than money." A sign in her office underscores her point, "Attitudes are the real disabilities."
Making the ADA Work for You
If your child needs consideration because of asthma or allergies, talk to the school administrator, manager, employer, human resources specialist or disabilities service coordinator. He or she should have a procedure for collecting necessary information and planning appropriate changes, aids or services. You can call on a variety of sources for advice and creative practical ideas. (See Resources)
Under Section 504, public schools and programs can not avoid their responsibility by claiming to have limited resources. Nor can they impose a "disparate impact" on people with disabilities. The ADA requires public accommodation to make changes, except in cases where an "undue burden" would result.The law does not define "undue burden." It depends on the organization's size and the real costs of the changes. The business or program must show that it properly assessed the individual's needs and tried to find the necessary resources.
Don't be Afraid to Speak Up The ADA prohibits retaliation, harassment, or coercion against individuals who exercise their rights or assist others in doing so. If you feel you have been treated unfairly, you may file a complaint with the U.S. Attorney General who refers complaint to the appropriate agency. The Attorney General can bring lawsuits to seek money damages and civil penalties in cases of general public importance, or where there is a "pattern or practice" of discrimination.
Individuals can also file a private suit to get a court order requiring a business or program to make necessary changes and to pay attorney's fees. Other remedies may include reinstatement in your job and back pay.
The ADA is Evolving Court decisions and rulings will slowly define how the ADA will affect us. The real moment for changes will come as we work creatively together to promote the inclusive attitudes and environments that fulfill the promise of the ADA for ourselves and our children.
This information is not meant to substitute for professional legal advice.
Ref: Asthma and Allergy Foundation of America Florida Chapter Inc. , 11700 N. 58th St, Suite J, Tampa, FL 33617 (813) 983-0244 www.aafaflorida.org

AMERICAN WEBSITE WHICH REFERS TO PEANUT ALLERGY & ADA 1990 http://www.sneezedoctors.com/peanut_allergy.htm
SHOULDN’T THE CHILD KNOW NOT TO EAT PEANUTS? Children with food allergies generally know which foods to avoid. Unfortunately, sharing of foods and the inadvertent mixing of foods between children in school is very common. Also, some children can have a life-threatening reaction to just a fraction of a peanut.


IF THE REACTION IS SO SERIOUS, WHY IS THE CHILD IN SCHOOLThe reaction is always avoidable with appropriate care, as outlined above and reversible if a reaction should occur. Also, the Americans with Disabilities Act legally protect the child’s place in the classroom.

Some organisations with interest in Eczema, Asthma and/or Allergy
British Society for Allergy & Clinical Immunology (organisation for allergists and immunologists)

The British Lung Foundation 78 Hatton Garden, London EC1N 8LD Tel: 020 7831 5831

British Association of Dermatologists
19 Fitzroy Square London W1T 6EH Tel: 0207-383-0266 Fax: 0207-388-5263
E-mail: admin@bad.org.uk Web site: www.skinhealth.co.uk

National Asthma Campaign Louisa Stevens- Campaign Manager
Providence House, Providence Place, London N1 0NT
Tel: 020 7226 2260 Fax: 020 7704 0740 Helpline: 0845 7010203
E-mail: lstevens@asthma.org.uk Web site: www.asthma.org.uk

Allergy UK Deepdene House, 30 Bellegrove Road, Welling, Kent DA16 3PY
Email: info@allergyuk.org Web site: www.allergyuk.org

The Anaphylaxis Campaign PO Box 275, Farnborough, Hampshire GU14 6SX
Tel: 01252 542029 Fax 01252 377140 Web site www.anaphylaxis.org.uk
for Information on Peanut/Food/Anaphylaxis

Latex Allergy Support Group PO Box 27, Filey YO14 9YH

Tel: Helpline: 07071 225838 - 7pm to 10pm only

E-mail: latexallergyfree@hotmail.com Web site: www.lasg.co.uk

Action Against Allergy, PO Box 278, Twickenham, London TW1 4QQ
E-mail: actionagainstallergy@btinternet.com Web site: www.actionagainstallergy.co.uk

Action Against Allergy– Sustain

Michelle Barriedale-Johnson, 5 Lawn Road, London NW3 2XS

E-mail: michelle@inside-story.com

British Institute for Allergy & Environmental Therapy
15 Westbourne Road, London N7 8AN Email: luzmarie@aol.com

Food & Chemical Allergy Association 27 Ferringham Lane, Ferring, West Sussex BN12 5NB

Hyperactive Children's Support Group71 Whyke Lane, Chichester West Sussex PO19 2LD
E-mail: Web@hacsg.org.uk

National Eczema Society Hill House, Highgate Hill, London N19 5NA
Tel: 020 7281 3553 Fax: 020 7281 6395 Helpline: 0870 241 3604 (1 - 4 pm Mon - Fri)
Web site: www.eczema.org E-mail:


Skin Care Campaign Same Address as National Eczema Society Tel : 020 7281 3553 Ext 203
An umbrella organisation representing the interests of all people with skin diseases in the UK

Eczema Voice For people with eczema and their carers. Web site: www.eczemavoice.com
Eczema Voice for Brenda Short
 

Re: Media

Postby EDMWoman » Thu Sep 06, 2007 4:09 am

Help! My daughter is having her 2nd birthday soon and I can't come up with something to replace cake with. She was tested for allergies and the test came back positive for milk, wheat, egg white, and peanuts. I also think that she may be allergic to potatoes and pretty sure corn is a trigger too. That doesn't leave much. I thought I would do rice krispie squares but there is corn starch in the marshmallows. Any suggestions?
EDMWoman
 

Re: Media

Postby urmosanne » Thu Feb 21, 2008 1:56 pm

my son is 23yrs old and suffers severe eczema and
chronic asthma,because he claims benefits:incapascity, I have now been informed he cannot claim for a grant,loan or any other benefit.He lives in a flat that the council are tearing down the abandon flats upstairs have been vandalized for there copper and my sons flat is now undr two foot of water the council are aware and said that it would take years to claim compansation for the damage the flood has caused,the benefits office say because of the benefits he has they cant help.please someone we are desperatefor infomation as to who can support my son...Than You
urmosanne
 

Re: Media

Postby RATNA » Tue Apr 22, 2008 10:44 am

HI THERE EVERYONE MY NEPHEW HAD ECZEMA AND SOMEONE TOLD US ABOUT OSAS LOTION IT IS INCREDIBLE IT WORKED STRIGHT AWAY I THINK EVERY BODY SHOULD TRY THIS JUST LOOK ON THE INTERNET AND YOU WILL FIND IT. IT HAS WORKED ON SO MANY PEOPLE GOOD LUCK
RATNA
 

Re: Media

Postby maakns » Fri Jul 11, 2008 8:37 pm

Just to mention that Dream Cream From Lush shop in UK has worked on our daughter of 4 yrs old its natural cream made up of herbs. Our Daughter has Severe eczema and food allergies and is a top case in Southampton General Hospital. They tried every thing including creams and steroids to kidney transplant drug which made her worse. We stopped the strong drug and kept her on Dream cream for 2 months and she has cleared up nearly 80%.
maakns
 

Re: Media

Postby James » Sat Mar 21, 2009 8:16 pm

i tried the medicines and stuff on:

ihateeczema.co.uk

obviously i can't copy it on to this forum for copyright reasons but take a look! x
James
 

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