THREE: Barriers to Effective National Implementation

Chapter Three outlines a wide range of social and structural barriers that may discourage legal claims and explores the available data on the effectiveness of equality legislation in practice. Even where national measures are adopted, it is unclear how effective they are in practice, as states have generally failed to gather information on the operation of disability harassment law. The chapter begins with an overview of the barriers to making equality and disability harassment complaints, followed by a discussion of the success rates for equality claims, including harassment claims. The chapter argues that even where legislation is adopted to address disability harassment, a wide range of social and structural barriers may discourage legal complaints. Furthermore, even where disability harassment claims are brought, the available evidence suggests that the rate of success is not high. Relatively little work has been done to establish the reasons for this, though general research on equality claims may be indicative. The chapter therefore highlights the importance of continued monitoring and research, as well as the need for disaggregated disability equality data.

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