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Gender-Based Violence Against Women and Girls with Disabilities PIRKKO MAHLAMÄKI Gender-Based Violence Against Women and Girls with Disabilities

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Gender-Based Violence Against Women and Girls with Disabilities PIRKKO MAHLAMÄKI Gender-Based Violence Against Women and Girls with Disabilities Gender-based violence against women and girls with disabilities PIRKKO MAHLAMÄKI Gender-based violence against women and girls with disabilities n order to showcase the breath of gender-based violence (GBV) and its link to gendered inequalities, Ithe Foundation for European Progressive Studies (FEPS) and the Fondation Jean Jaurès have joined forces for this series of publications on the fight to eliminate sexist and sexual violence. Each publi- cation looks into a different angle regarding GBV, recognising the intersection of gender with other discriminations such as sexuality, disability or economic status. It is common knowledge that women constitute Pirkko Mahlamäki half of the population. But did you know that 16% have at least one form of another of disability?1 The (Master of Arts, Master of Laws), has been secretary general of the Finnish Disability European Union (EU) namely counts 60 million women Forum since 2000. She is a member of and girls with disabilities, corresponding to the total the board of European Women’s Lobby population of Italy.2 Whilst women face significant bar- and was appointed a member of its riers due to gender inequalities or sexism, those with executive committee member in 2018. As part of the Non-Discrimination and disabilities are confronted with multi-layered and in- Equality Tribunal of Finland (2015-2019), tersectional forms of inequalities. All aspects of life are she was advisory member of the Finnish concerned including socio-economic discrimination, delegation to the UN ad hoc committee social isolation, lack of access to community services, preparing the International Convention on the Rights of Persons with Disabilities. poor quality housing or healthcare, the impossibility She continues to promote disability to actively contribute actively in social activities but and gender mainstreaming, the rights of persons with disabilities and gender equality within Finnish, Nordic, European and international networks, contributing 1 European Disability Forum. Find more here: https://www.edf-feph.org/ to joint civil society activism in defense of women-and-gender-equality/ human rights and fundamental freedoms. 2 Ibid. 1 Gender-based violence against women and girls with disabilities also gender-based violence, forced sterilisation and lished in 1946 to monitor the situation of women and abortion. Available data indicates that gender-based to promote women’s rights. The Commission’s work violence affects women and girls with disabilities to has been instrumental in bringing to light all the ar- much greater extents than most other women.3 Neither eas in which women are denied equality with men. does disability protect nor does it prevent acts of vi- These efforts for the advancement of women have olence against women. The deep-seated taboo and resulted in several declarations and conventions, of silence surrounding this issue must finally be broken. which CEDAW is the central and most comprehensive We need to listen to women and their diverse range of document. Among the international human rights experiences. We need better co-operation with organ- treaties, the Convention takes an important place in isations representing women and girls with disabilities, bringing the female half of humanity into the focus of to better inform policies and legislation, including ac- human rights concerns. The spirit of the Convention is cess to victim support systems and to justice. rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity and worth of human beings, in the equal rights of men and women. The present document spells out the Violence against a woman meaning of equality and how it can be achieved. In so doing, the Convention establishes not only an inter- because she is a woman national bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights. In its preamble, the Convention explicitly acknowledges that “extensive discrimination against According to international human rights law, includ- women continues to exist”, and emphasizes that such ing the landmark framework offered by CEDAW discrimination “violates the principles of equality of (the Convention on the Elimination of All Forms of rights and respect for human dignity”. As defined in ar- Discrimination against Women)4, discrimination ticle 1 “discrimination against women” shall mean “any against women encompasses gender-based violence distinction, exclusion or restriction made on the basis directed against a woman because she is a woman of sex which has the effect or purpose of impairing or when it affects women disproportionately and, as or nullifying the recognition, enjoyment or exercise such, is a violation of their human rights. The use of by women, irrespective of their marital status, on a the acronym CEDAW is so familiar to gender equality basis of equality of men and women, of human rights activist that it is good to stop and read out loud what and fundamental freedoms in the political, economic, the United Nations decreed 40 years ago and reflect social, cultural, civil or any other field”. on how far we still need to go before finally reaching that goal of eliminating all forms of discrimination against women because they are women. Violence against a woman The Convention on the Elimination of All Forms of Discrimination against Women – referred to as because she is a disabled woman CEDAW – was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981. By the tenth anniver- sary of the Convention, 99 nations have agreed to Strong evidence is available to affirm that women be bound by its provisions. It was the culmination of and girls with disabilities face barriers in most areas more than thirty years of work by the United Nations of life. These barriers create situations of multiple Commission on the Status of Women, a body estab- and intersecting forms of discrimination against 3 UN Women ”Women and Girls with Disabilities”, availalbe at: https://www.unwomen.org/en/what-we-do/women-and-girls-with-disabilities 4 UNHCR “Committee on the elimination of discrimination against women”, available at: https://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 2 Gender-based violence against women and girls with disabilities women and girls with disabilities particularly with Rapporteur on the rights of persons with disabilities regard to equal access to education, access to on the sexual and reproductive health and rights of economic opportunities, access to social interac- girls and young women with disabilities7 highlighted tion, access to justice and equal recognition before the increased risks they face. Children with disabili- the law, the ability to participate politically and the ties are almost four times more likely to experience ability to exercise control over their own lives across violence than children without disabilities. The risk a range of contexts. is consistently higher in the case of deaf, blind and autistic girls, girls with psychosocial and intellectu- Violence against women with disabilities is far too al disabilities and girls with multiple impairments. common, although it is slowly becoming recognized. Sexual assault is often underreported, even more Disability does not protect a woman from being sub- so in cases of women with disabilities as paragraph jected to acts of gender-based violence. In fact, this 36 of the report denounces: “when, as survivors form of violence is more likely as data attests.5 of sexual violence, they report the abuse or seek assistance or protection from judicial or law enforce- ment officials, their testimony, especially that of girls and women with intellectual disabilities, is generally • Women and girls with disabilities are two to five not considered credible, and they are therefore times more likely to be victims of such violence disregarded as competent witnesses, resulting in than women and girls without disabilities; perpetrators avoiding prosecution.” • 6 out of 10 women with intellectual disabilities Moreover, the lack of accessibility and reasonable report being sexually abused; and procedural accommodation (e.g. sign language interpretation, alternative forms of communication, • 34 % of women with a health problem or a age- and gender-sensitive support services) often disability have experienced physical or sexual result in serious physical and communication bar- violence by a partner in their lifetime; riers in the justice system, which in turn, hinders access to justice by girls and young women with • sterilisation of women with disabilities without disabilities and their ability to seek and obtain re- their knowledge or consent is a widespread form dress. As underscored by the UN Report (paragraph of violence, in particular affecting members of 37)8: “[…] owing to prejudices and stereotypes, courts ethnic minorities such as Roma women6. commonly discount the testimony of girls and young women with disabilities in sexual assault cases, questioning whether girls and young women with intellectual disabilities can understand the oath when testifying to discrediting the testimony of blind Women with disabilities living in institutions are in a witnesses because they are not “able” to know/per- specifically vulnerable situation. Further measures ceive the sequence of events”. are needed for their protection, including legisla- tive and procedural changes to better ensure their In 2017, the European Disability
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