Girls and Women with Disabilities

GENDER VIOLENCE AND GIRLS AND WOMEN WITH DISABILITIES

European Parliament Disability Intergroup

8th July 2010

ANA PELÁEZ NARVÁEZ

Chairwoman, European Disability Forum Women’s Committee Member of the Board, European Women’s Lobby

INTRODUCTION

The invisibility of the gender dimension in disability policies has been a common theme throughout the European Union, in its institutions and in its Member States. For the first time in the history of this Intergroup the issue is on the agenda, and we find ourselves addressing a key concern for girls and women with disabilities; the violence to which they may fall victim.

Both the European Disability Forum1 and the European Women’s Lobby2 are pleased that the issue has been raised in this forum. We are sure this will not be a one-off occasion and that it will become standard practise in order to address gender issues regularly in the Intergroup’s work.

In general, we can say that girls and women with disabilities (who account for more than half of all persons with disabilities and around 16% of all women in the European Union) regularly face multiple discrimination which is often unrecognized and hidden and, in practice, constitutes a serious and constant violation of their fundamental rights and liberties.

Furthermore, the limited data we have to hand indicate that, among others, girls and women with disabilities have lower attainment rates in education, participate less in the labour market and tend to have lower paid jobs, are more likely to suffer economic hardship, rely more on third parties and institutions, enjoy limited access to health and maternity services, are deprived of their

1 http://www.edf-feph.org/

2 http://womenlobby.org sexual and reproductive rights, suffer a lack of access to available community services and programmes, are at greater risk of falling victim to violence and abuse, and rarely or never participate in decision-making processes in issues which affect them.

The Labour Force Survey (LFS) ad hoc module 2002 – based on self-reporting - suggests that women with disabilities form around 16% of the total population of all women in Europe3. Based on a current female population of just below 250 million, this means that in the European Union there are approximately 40 million women with disabilities.

Despite this significant figure, the lack of information is even greater if we attempt to study the specific situation of girls and women with disabilities in rural settings, those who are migrants, who have a severe disability or who are victims of gender violence, among other things, given the mistaken belief that girls and women with disabilities can be treated as a homogeneous group in which there is no room to seek an understanding of its diversity and heterogeneousness.

Despite the progress made in the last few years, emphasis has been placed principally on separate anti-discrimination and equal opportunities programmes for women and for persons with disabilities. Little or no effort has been expended on drawing up policies which bring together the two areas in order to develop positive action measures which are of benefit to girls and women with disabilities.

1 VIOLENCE AND GIRLS AND WOMEN WITH DISABILITIES

As recognised by the United Nations4, particular groups of women are especially prone to be targets of violence, including women belonging to minorities, immigrants, women in institutions or in detention, girls, girls and women with disabilities, older women, refugees and women in situations of armed conflict. Therefore, an integrated and inclusive design, development and monitoring of the EU policy framework within the new strategy on combating violence against women must take into account not only the gender perspective, but also the wide variety of factors that shape and reinforce women’s, and men’s, experiences of discrimination and violence, particularly based on race, ethnicity, class, age, sexual orientation, disability, nationality, religion and culture.

In this sense, it has been acknowledged that girls and women with disabilities may experience particular forms of violence in their homes and institutional settings which is perpetrated by family members, care-persons or strangers. Surveys conducted in Europe, North America and Australia have shown that

3 Ad hoc module of the EU Labour Force Survey (LFS) on people with disabilities and long term health problems, 2002. 4 United Nations Declaration on the Elimination of Violence against Women (1994). over half of all women with disabilities have experienced physical abuse, compared to one third of women without disabilities.5

The Council of Europe has also estimated that 40% of women with disabilities suffers or has suffered from some type of violence. However, the number of women who are victims of violence carried out by someone who is close to them is higher than in the statistics. Many women with a disability depend on the perpetrator for their daily care or even survival. This makes it even more difficult for them to report the crimes. In addition, many women with disabilities do not have the necessary economic independence to live independently, and therefore are often forced to remain with the perpetrator. The case of women living in institutions, who are particularly vulnerable to this kind of violence, is worthy of highlighting.

Also in this area, in the European Union and in the vast majority of its Member States the lack of specific studies looking into gender violence and disability is a fact which bears upon the reality faced by these girls and women.

Political parties, organisations working in the field of equality and society in broader terms are becoming more and more aware that violence against women is a fact, so there is an increasing number of programmes aimed at informing, counselling and protecting women who fall victim to it. Nevertheless, such schemes have not taken into consideration the specificities of women with disabilities, thus rendering them inaccessible to this group.

In general terms we can say that gender policies invisiblise disability and disability policies ignore gender, thus perpetuating the situation of multiple discrimination and invisibility faced by girls and women with disabilities.

Given the situation outlined above, the fundamental challenge is to introduce measures to include disability as a crosscutting issue in those policies, programmes and actions taken to eliminate gender-based violence in the European Union.

2 MAIN CAUSES OF VIOLENCE AGAINST GIRLS AND WOMEN WITH DISABILITIES

The vulnerability of girls and women with disabilities in relation to violence is closely linked to two key factors:

 the social perception that men and women are unequal, which implies social and physical dominance of men over women;

 the social perception of disability, where bodies with disabilities are

5 United Nations (2006): In-depth study on all forms of violence against women. Report of the Secretary- General. General Assembly. A/61/122/Add.1. New York. regarded as different from others, incapable, unhealthy and, as such, abnormal.

The intersectionality6 of these two factors is the main cause and the reason for many violations, inequalities and breaches of the fundamental rights of girls and women with disabilities in society.

One of the many consequences of this intersectionality is their negative self- perception. Women and girls with disabilities’ negative self-perception is made worse frequently by a lack of information (including a lack of training in rights and in relation to their own sexuality), unemployment, very low income or no income, unpaid work in the family setting and a home environment which is very often not suitably adapted to take into account the disability in question.

Such negative self-perception can be seen particularly in the case of women with a severe disability. In these cases, the lack of suitable habilitation or rehabilitation may bring about situations of utter helplessness for women with disabilities faced with abuse or mistreatment. In particular, acquiring a disability in adult life often creates situation of dependency which make such women even more vulnerable.

Greater vulnerability in the case of women with disabilities is also linked to the social image such women have and the - at times irrational - explanations given to account for or justify sexual abuse against women with disabilities. For these reasons, communities often do not plan to put in place inclusive resources for them, making them even weaker in the face of violence. This results in the following:

- Greater difficulties in expressing mistreatment due to communication barriers; - Difficulties in accessing facilities to gain information and receive guidance, principally due to physical, technology and communication barriers; - Clashes between the traditional roles assigned to women and a failure to recognise these roles in women with disabilities; - Greater reliance on assistance and care from others;

6 As expressed by the United Nations (2006): In-depth study on all forms of violence against women. Report of the Secretary General. A/61/122/Add.1.:

“5. The intersection of multiple forms of discrimination: 361. The intersection of male dominance with race, ethnicity, age, caste, religion, culture, language, sexual orientation, migrant and refugee status and disability — frequently termed “intersectionality” — operates at many levels in relation to violence against women. Multiple discrimination shapes the forms of violence that a woman experiences. It makes some women more likely to be targeted for certain forms of violence because they have less social status than other women and because perpetrators know such women have fewer options for seeking assistance or reporting.” - Fear of reporting abuse because they may lose links and have support removed; - A lack of credibility when communicating or reporting acts of this type. In some social spheres they may not be believed; - Often, living in settings which are prone to violence (broken homes, institutions, care homes and hospitals).

This discrimination faced by girls and women with disabilities translates into a culture of impunity for violence. Thus, many girls and women with disabilities experience exploitation, violence and abuse at home or elsewhere. Such violence includes rape, forced sterilization, coerced abortions and involuntary treatment. Actions of this type can amount to torture or inhuman or degrading treatment.

Women living in institutions are particularly vulnerable to this kind of violence. The exclusion and isolation of women with disabilities from society in separate schools or in residential institutions, and the lack of mobility aids or assistive devices and the training needed to use them, increases vulnerability to violence and also contributes to impunity.

Discriminatory legislation which fails to recognize the autonomy and legal capacity of persons with disabilities, for example legislation authorizing adult guardianship and commitment to institutions, heightens their vulnerability to violence as well as favouring impunity for such acts. This legislation forms part of systematic violence against girls and women with disabilities, particularly women with psychosocial or intellectual disabilities and older women with disabilities.

3 HOW TO COMBAT VIOLENCE AGAINST GIRLS AND WOMEN WITH DISABILITIES

The European Commission has just launched a public consultation on combating gender-based violence in Europe. Given the situation faced by girls and women with disabilities, as described above, it is vitally important to mainstream the disability perspective in the gender violence strategy to enable direct action from which this group may benefit.

To this end and in our opinion, the general objective which must be addressed is how to include preventing, combating and eliminating gender violence, in all its forms, against girls and women with disabilities in the European Union’s new policy strategy to combat violence against women. In order to achieve this goal, the EU Strategy should contain the following specific objectives:

1. To carry out studies on the situation of girls and women with disabilities in relation to violence. 2. To recognise disability as a crosscutting issue to be included in all policies, actions and measures carried out in implementing the strategy, while safeguarding the principle of accessibility.

3. To take and promote specific positive action measures that deal with the specific nature of violence against girls and women with disabilities, while taking into account the diversity which exists within this community, so as to avoid their exclusion from general policies and services.7

Considering the United Nations Convention on the Rights of Persons with Disabilities (which is going through the final stages of ratification in the European Communities and which has already been ratified in more than half the Member states), and in particular the provisions of Article 16 (Freedom from exploitation, violence and abuse), Article 23 (Respect for home and the family) and Article 25 (Health), efforts must be made in several areas to achieve an integrated approach. In this respect, the European Disability Forum and the European Women’s Lobby recommend that the following areas and actions are considered:

ACTION IN THE COMMUNITY AREA

 To ensure that formal curricula in primary, secondary and tertiary education include teaching material on equality between women and men, on disability and understanding diversity, non-stereotyped gender roles, mutual respect, non-violent conflict resolution in inter-personal relationships and concepts of honour and individual self-determination, adapted to the evolving capacity of learners;

 To put in place an early detection system to identify situations in which violence against women with disabilities who are institutionalised or in closed or segregated settings may occur;

 Prevent violence and promote access to services aimed at this goal by girls and women with disabilities. It is necessary to question to what extent states are ensuring inclusion and guaranteeing accessibility for girls and women with disabilities in prevention programs and information campaigns about remedies;

7 In many cases women report that they can not access the shelter or the services set up for victims of domestic violence because these are not accessible for them. This is very often the case with women with disabilities. It is necessary that services are universally accessible, and by this it is meant that they are adapted to accommodate all different needs. It is essential professionals are trained about and aware of the different needs of women. The communication, information and the physical environment should be accessible.  To ensure urban and architectural accessibility, as well as accessibility in terms of communication and technology, at police stations, emergency courthouses and in emergency services;

 To ensure urban and architectural accessibility, as well as accessibility in terms of communication and technology, in all available services for victims (emergency refuges, safe houses, web sites, telephone help- lines, electronic prevention devices, etc.);

 To mainstream disability in all awareness raising material and training courses aimed at and given to professional staff on violence against women. All material must be available in accessible formats;

 To guarantee priority access to women with disabilities who fall victim to violence to social housing, grants for adapting the home environment, home support and public services attending to cases of gender violence.

ACTIONS AIMED AT PROVIDING DIRECT SUPPORT TO GIRLS AND WOMEN WITH DISABILITIES

 To organise training courses to prevent gender violence against girls and women with disabilities;

 To ensure that women and girls with disabilities receive adequate accessible information on available support services and legal measures to prevent and combat violence in a language they understand, including the use of alternative and augmentative means and modes of communication8;

 To promote awareness raising, information and training aimed at both the families of girls and women with disabilities who are most vulnerable and at greatest risk of suffering forced sterilisation, and professionals, above all health care professionals and those involved in the legal field, to ensure they listen to the voices of girls and women with disabilities during legal investigations and proceedings. These measures should be taken in close co-operation with representative organisations of persons with disabilities.

ACTIONS IN THE FIELD OF LEGISLATION

 To review European Union and Member State legislation in order to ensure non-discrimination for girls and women with disabilities, in accordance with the future Convention on Preventing and Combating

8 By alternative and augmentative means and modes of communication, it is meant the use of sign language and other alternative communication systems using manual signs, communication aids, pictograms, as well a language easy to understand. Violence Against Women and Domestic Violence (CADHVIO) and the UN Convention on the Rights of Persons with Disabilities (CRPD);

 Review all legal provisions which allow forced sterilisation or coerced abortion, addressing the issues of “informed consent” and the “legal capacity” of persons with disabilities, in order to make the necessary accommodations and fulfil the spirit and requirements of the CRPD. The Convention requires signatories to introduce legal reforms acknowledging that respect for the home and family and the dignity and integrity of persons with disabilities are fundamental rights which may not be violated. In this way, the following deliberate conduct shall be criminalised when committed for non-medical purposes:

a. Performance of an abortion on a woman without her prior consent under the pretext of the well being of the woman or the rights of the unborn child;

b. Surgical intervention, when performed for non-medical purposes, resulting either directly or indirectly in the termination of an individual’s capacity to reproduce in the absence of the consent or understanding of the specific purpose of the medical operation under the pretext of the well being of the individual9.

ACTIONS IN THE FIELD OF RESEARCH

 To include disability in an effective manner as an indicator in all official reports drawn up in order to make violence against women with

9 The denial of the right to reproductive freedom takes many forms for women with disabilities – coerced abortions, pressure to undergo tubal ligations and hysterectomies, unlawful sterilisation, systematic denial of appropriate reproductive health care and sexual health screening, limited contraceptive choices, a focus on menstrual control, denial of access to assisted reproductive technologies, poorly managed pregnancy and birth, and the denial of rights to be a parent based solely on the fact of disability.

In several countries in Europe there is clear evidence that forced sterilisation continues to be carried out on many persons with disabilities, above all on girls and women with intellectual or psychosocial disabilities and without their consent or their understanding the specific purpose of the medical operation, under the pretext of the wellbeing of the person with disabilities.

For many girls and women with disabilities this experience, to which they are forced against their will, intimidated and pressured, is a denial of their right to access appropriate services. Their fundamental human rights, including the right to safeguard body integrity and maintain control over their reproductive health, are violated and removed, at times without their realising.

The consent of the parents or person that represent a girl or woman with a disability, when requested because of her minor age or previous legal incapacitation, must in all cases be based on the respect of the human rights and will of the women or girl with a disability. It is also the responsibility of the relevant medical personnel to ensure that the woman or girl with a disability is adequately informed about the fact that the surgery or medical intervention will lead to her being sterilised and the consequences of this for her future. disabilities more visible. Systematic collection of data disaggregated by sex and other factors such as age, ethnicity and disability, detailing the prevalence of all forms of violence against women; the causes and consequences of violence against women; and the effectiveness of any measures implemented to prevent and redress violence against women10;

 To undertake specific research in order to detect gender violence against women with disabilities. It is important to bear in mind that many such women may live in closed or segregated environments, and they may be unaware they are the victims of violence and depend on the person perpetrating the violence for survival. They may have no access to information and may not even be able to travel independently to a police station to report the case;

 To carry out studies to bring to light the reality of sterilisation in Europe in the case of persons with disabilities, such studies to include the perspectives of gender, age and type of disability and offer accurate statistical data on forced and therapeutic sterilisation.

4 COMPLEMENTARITIES AND SYNERGIES

The EU Strategy should provide a basis to develop and harmonise legislation and practices in Member States with respect to their own legislative frameworks and actions taken to prevent and combat violence. Some of the actions contained in the strategy to take advantage of complementarities and synergies could be:

 To promote the sharing of good practices among stakeholders;

 To stress the question of preventing and combating violence against women in negotiations with new EU member states;

 To reward (money prizes) member states and especially civil society organisations that have made a great contribution to the field of preventing and combating violence against women, including an

10 As expressed by the United Nations (2006): In-depth study on all forms of violence against women. Report of the Secretary-General. A/61/122/Add.1.:

“284. The international legal and policy framework establishes standards for action by States to meet their legal obligations and policy commitments to address violence against women. These fall into the following categories: Systematic collection of data disaggregated by sex and other factors such as age, ethnicity and disability detailing the prevalence of all forms of violence against women; the causes and consequences of violence against women; and the effectiveness of any measures implemented to prevent and redress violence against women.” intersectional perspective, by providing more financial support to be invested in work, services, accessible structures, etc.;

 To earmark funds to develop projects to combat and eliminate violence against women which include the disability perspective;

 To earmark funds for support to the disability movement to set up a support network for women with disabilities who are victims of gender violence and are in need of an environment which is close at hand to be able to escape from this situation.

5 EVALUATION AND MONITORING

When evaluating and monitoring the European strategy on violence against women, the following are just some of the recommendations which should be considered:

 To establish an official agency responsible for co-ordinating, implementing and monitoring policies and measures to prevent and combat violence against women and domestic violence, at European level, such body to take into account the disability perspective11;

 To encourage member states to draft an annual plan on how they will achieve the objectives of the strategy, including those related to the most vulnerable groups because of age, disability, race, ethnicity, class, sexual orientation, nationality, religion and culture;

 To encourage member states to draw up an annual report with information containing data on the situation regarding the prevention and combating of violence against women with an intersectional perspective and the work carried out to achieve the objectives (such as data compiled from governmental institutions, the police, court and social centres, etc), all these with the collaboration of civil society;

 To carry out research for information purposes and monitoring of policies and measures taken to prevent and combat violence against women and domestic violence;

11 According to the United Nations (2006): In-depth study on all forms of violence against women. Report of the Secretary-General. A/61/122/Add.1.:

“When women’s particular experiences remain invisible, they do not inform the understanding of human rights violations and remedies for them. Human rights norms therefore must take into account the particular circumstances of women in order to be fully universal. An integrated and inclusive human rights regime should take into account not only gender perspectives but also the wide variety of factors that shape and reinforce women’s, and men’s, experiences of discrimination and violence, including race, ethnicity, class, age, sexual orientation, disability, nationality, religion and culture”  To set up a group of experts to monitor all policies and measures taken to prevent and combat violence against women and domestic violence, such group to include experts on violence against women from vulnerable groups such as women with disabilities.

6 CONCLUSION

To realise the fundamental rights and liberties of girls and women with disabilities - as enshrined in the UN Convention on the Rights of Persons with Disabilities - in the European Union and its Member States, it is essential that, once and for all, disability policies include, as a matter of course and permenently, the gender dimension and, similarly, that disability is mainstreamed in gender policies. Only then will we guarantee true equality and non-discrimination for this group of girls and women.