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Stephanie Ortoleva, Esq Stephanie Ortoleva, Esq. Senior Human Rights Legal Advisor, BlueLaw International, LLP Visiting Scholar, University of Hawai’i, Spring 2012 Cell: 202.359.3045 E-mail: [email protected] Web: www.WomenEnabled.org 10 June 2011 – updated 31 July 2011 By Hand Delivery and Email Ms. Gaynel Curry Gender and Women's Rights Advisor Office of the High Commissioner for Human Rights (OHCHR) New York Office Room DC1 – 0511 United Nations, New York 10017, USA Email: [email protected]; [email protected] Dear Ms. Curry, The attached paper, its Executive Summary and several appendices are submitted in response to the request from the Committee on the Convention on the Elimination of Discrimination Against Women (CEDAW) Committee inviting submissions to provide input into the CEDAW Committee‘s process of elaborating a "General Recommendation on Women in Conflict and Post-conflict Situations," the purpose of which is to provide appropriate and authoritative guidance to States Parties on the measures to be adopted to ensure full compliance with their obligations to protect, respect and fulfill women‘s human rights during times of armed conflict and in all peacebuilding processes, which includes the immediate aftermath of conflict and long- term post-conflict reconstruction. These comments will respond to the specific items requested by the CEDAW Committee, particularly with respect to their implications for women and girls with disabilities, drawing on provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as well as the Convention on the Rights of Persons with Disabilities (CRPD) and international law. The importance of ensuring the inclusion of women and girls with disabilities is strongly reinforced by the joint study of the World Health Organization and the World Bank, just released 9 June 2011, ―World Report on Disability,‖ which has dramatically increased the worldwide estimate of the prevalence of disability from 10% to 15% of the population, as well as an increased estimate of the numbers of women and girls with disabilities to 19.2%, compared to 12% for men and boys. Thirty-five copies are provided as well as an electronic copy of all materials. I also plan to attend the 18 July 2011 CEDAW Committee general discussion at the United Nations in New York. Also note that a detailed scholarly analysis of women, peace and security with respect to women and girls with disabilities can be found in a paper by Stephanie Ortoleva, "Right Now! - Women with Disabilities Build Peace Post-Conflict", Center for Women Policy Studies as part of the Barbara Faye Waxman Fiduccia Papers on Women and Girls with Disabilities at http://www.centerwomenpolicy.org/programs/waxmanfiduccia/2011OnlineSeriesBarbaraWaxma nFiduccia.asp, as well as a forthcoming law review article by Stephanie Ortoleva, “The Forgotten Peace Builders: Women with Disabilities,‖ Loyola of Los Angeles International and Comparative Law Review, August 2011 Please contact me with any questions. Respectfully submitted, Stephanie Ortoleva, Esq. 2 3 General Discussion on "Protection of women in conflict and post-conflict situations" – Committee on the Elimination of Discrimination Against Women 49th Session 18 July 2011 By Stephanie Ortoleva, Esq. Contents Executive Summary ....................................................................................................................................... 6 Introduction ................................................................................................................................................ 13 The CEDAW Committee and Women and Girls with Disabilities ................................................................ 13 The Secretariat on the Convention on the Rights of Persons with Disabilities and Women’s Issues ........ 14 Why we must include women and girls with disabilities in activities and leadership in the United Nations System and in Women, Peace and Security Matters .................................................................................. 15 CEDAW and CRPD Intersection and Synergy In the Conflict and Post-Conflict Environment .................... 19 Gender Mainstreaming, Disability-Inclusive Approach .............................................................................. 26 CEDAW provisions that inform discussion of Women in Conflict and Post-conflict Situations – Ramifications for Women and Girls with Disabilities. ................................................................................. 28 Elaborating a Disability-Inclusive General Recommendation on Women and Conflict and Post-Conflict Situations .................................................................................................................................................... 37 Strategies for Change .................................................................................................................................. 41 Suggested Revisions of United Nations Security Council Resolutions and Indicators on Women, Peace and Security to Include Women and Girls with Disabilities ........................................................................ 41 Appendix A: International Legal Basis for Recommendations ................................................................... 44 Appendix B: The CEDAW Committee and Women and Girls with Disabilities .......................................... 50 4 Appendix C: Situation of Women and Girls with Disabilities, Especially in the Pre-Conflict, Conflict and Post-Conflict Environment. ....................................................................................................................... 185 Appendix D: Strategies for Change .......................................................................................................... 202 Appendix E: Example: Revision of United Nations Security Council Resolutions and Indicators on Women, Peace and Security to Include Women and Girls with Disabilities............................................. 209 5 General Discussion on "Protection of women in conflict and post-conflict situations" – Committee on the Elimination of Discrimination Against Women 49th Session 18 July 2011 Prepared by Stephanie Ortoleva, Esq. Submitted 10 June 2011 Executive Summary Introduction Comments are hereby submitted in response to the request from the Committee on the Convention on the Elimination of Discrimination Against Women (CEDAW) Committee inviting submissions to provide input into the CEDAW Committee‘s process of elaborating a "General Recommendation on Women in Conflict and Post-conflict Situations," the purpose of which is to provide appropriate and authoritative guidance to States Parties on the measures to be adopted to ensure full compliance with their obligations to protect, respect and fulfill women‘s human rights during times of armed conflict and in all peace-building processes, which includes the immediate aftermath of conflict and long-term post-conflict reconstruction. These comments will respond to the specific items requested by the CEDAW Committee, particularly with respect to their implications for women and girls with disabilities. This analysis is based on international law. A detailed scholarly analysis of women, peace and security with respect to women and girls with disabilities can be found in a paper by Stephanie Ortoleva, "Right Now! - Women with Disabilities Build Peace Post-Conflict", Center for Women Policy Studies as part of the Barbara Faye Waxman Fiduccia Papers on Women and Girls with Disabilities at http://www.centerwomenpolicy.org/programs/waxmanfiduccia/2011OnlineSeriesBarbaraWaxma nFiduccia.asp, as well as a forthcoming law review article by Stephanie Ortoleva, “The Forgotten Peace Builders: Women with Disabilities,‖ Loyola of Los Angeles International and Comparative Law Review, August 2011 6 International Legal Basis for Recommendations These recommendations are drawn from and are consistent with the gender-sensitive, disability inclusive approach outlined in the United Nations Convention on the Rights of Persons with Disabilities (CRPD), especially its Article 6, the United Nations Convention for the Elimination of All forms of Discrimination Against Women (CEDAW), and the United Nations Convention on the Rights of the Child (CRC.) This paper also takes into consideration the joint statement of commitment of the inter-Agency Support group for the Convention on the Rights of Persons with Disabilities and the UN inter agency network on women and gender Equality, both established by the United Nations Executives Board. The CEDAW Committee and Women and Girls with Disabilities The CEDAW Committee increasingly has addressed the concerns of women and girls with disabilities in its General Recommendations and these General Recommendations are summarized. Thus, as the CEDAW Committee elaborates a new General Recommendation on Women in Conflict and Post-conflict Situations, it has an important opportunity to continue its increased attention to the unique situation of women and girls with disabilities in the conflict and post-conflict environment and to apply a gender mainstreaming, disability inclusive approach to the elaboration of this General Recommendation. A detailed analysis of the CEDAW Committee‘s discussion of women and girls with disabilities in the Statements of its Chair, Ms. Silvia Pimentel, and in its review of country reports are summarized, highlighting those that address war and conflict. The Secretariat on the Convention
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