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Sexual Violence Against Children with Disabilities

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Sexual Violence Against Children with Disabilities OUT FROM THE shadows SEXUAL VIOLENCE AGAINST CHILDREN WITH DISABILITIES draft Save the Children works in more than 120 countries. We save children’s lives. We fight for their rights. We help them fulfil their potential. Handicap International is an international federation specialised in the field of disability. Non-governmental, non-religious, non-political and non-profit making, it works alongside people with disabilities, whatever the context, offering them assistance and supporting them in their efforts to become self-reliant. Since its creation, the organisation has set up programmes in approximately 60 countries and intervened in many emergency situations. It has a network of eight national associations (Belgium, Canada, France, Germany, Luxembourg, Switzerland, United Kingdom, USA). Published by Save the Children UK 1 St John’s Lane London EC1M 4AR UK +44 (0)20 7012 6400 savethechildren.org.uk First published 2011 © The Save the Children Fund 2011 The Save the Children Fund is a charity registered in England and Wales (213890) and Scotland (SC039570). Registered Company No. 178159 This publication is copyright, but may be reproduced by any method without fee or prior permission for teaching purposes, but not for resale. For copying in any other circumstances, prior written permission must be obtained from the publisher, and a fee may be payable. Cover photo: [???] (Photo: [???]) Typeset by Grasshopper Design Company Printed by [???] CONTENTS Acknowledgements iv Executive summary vi Introduction viii Part 1: Background 1 1. Violence against children with disabilities: a global overview 1 The scale of violence against children with disabilities 1 The roots of violence 4 Barriers to protecting children with disabilities 5 2. International frameworks to protect children with disabilities against sexual violence 7 Part 2: Research study on sexual violence against children with disabilities in four African countries 9 3. Rationale and methodology for the research 11 Background 11 Methodology 11 Perceptions and definitions of sexual violence 13 4. The situation for survivors 14 Why are children with disabilities particularly vulnerable? 14 What support do survivors receive? 16 5. The pursuit of justice 17 Background 17 Structural discrimination within the judicial system 17 Social discrimination within the judicial system 19 6. Conclusion and recommendations 21 Endnotes 23 ACKNOWLEDGEMENTS This report was written by Frances Ellery, Gerison KEY PROGRAMME STAFF Lansdowne and Corinna Csáky with research data from Handicap International and Save the Children. Handicap International Many thanks to staff at Handicap International and Save the Children, in particular Natasha Sym, Headquarters: Susan Girois (Director of Technical Theresa Rouger, and Bill Bell, and staff of local Divison), Natasha Sym (Project Coordinator), partners in Burundi, Madagascar, Mozambique Theresa Rouger (Legal Technical Advisor), Guillaum and Tanzania for their support in conducting the Pegon (Mental Health Technical Advisor) research and for their ongoing commitment to the issue. Special thanks go to those who were Burundi: Fulgence Ndagijimana (HIV/Gender-based interviewed, especially the survivors of sexual Violence and Disability Project Manager) violence for speaking out about their experiences. Madagascar: Rivo Ranjatoson (Sexual Violence Project Liaison Officer) Save the Children Mozambique: Paula Simbine and Selemangy, Abubaca (Coordenador de Protecção à Criança). With additional support from Abel Antonio Machavate, working for FAMOD – Forum of Mozambican Associations of Disabled People. Tanzania: Mubarak Maman (Programme Manager – Zanzibar) and Ahmed Rashid Ali (Community Action for Children Coordinator – Zanzibar) iv EXECUTIVE SUMMARY Children with disabilities from around the world are power over the child. Very few cases that are suffering from sexual violence, including rape, sexual officially reported to the authorities ever reach assault, sexual exploitation, and verbal sexual abuse. a court hearing or result in a harsh sentence. This affects both boys and girls. It is a gross violation This is largely due to the chronic inaccessibility of their rights. and structural discrimination that children with disabilities come up against within national Children with disabilities are especially vulnerable legislation and legal systems. As a consequence, as a result of entrenched social and structural survivors and their families are deterred from discrimination against them. Many live in relative speaking out about the abuse against them, which in isolation and are invisible from society, often kept turn perpetuates their vulnerability. indoors and out of sight; they have less interaction with peers or adults in whom they could confide; Shrouded in taboos, and far from a political priority, and stigma surrounding disability can result in their this issue has, until now, been largely ignored. Very needs and rights being dismissed by communities, little research has been conducted on it and children authorities and families. This is compounded by the with disabilities are often invisible in systemic acute lack of access experienced by many children and national data collection. However, persistent with disabilities to education, child protection and anecdotal evidence and continuous feedback from medical, psychosocial, legal and other services, field teams led Handicap International and Save the including reporting mechanisms, that rarely Children to conduct a joint project on this issue, of accommodate their individual needs. This results in which this research study is part. these children being uninformed about their rights, finding themselves in environments where they This report is based on evidence generated from are vulnerable to sexual violence and, if they are a global literature review and first hand research violated, with little opportunity to receive medical, in four African countries: Burundi, Madagascar, legal or psychosocial support. All this leaves children Mozambique and Tanzania (Zanzibar). This was with disabilities in an extremely weak position in a qualitative study conducted in 2010 by local society. Some children suffering sexual violence are researchers interviewing 89 adults with disabilities not aware that what is happening to them is wrong, who had been abused as children, as well as 152 and those who do have little possibility of reporting carers and professionals associated with their or receiving support. protection, including carers, lawyers, judges, police, social workers, teachers and members of disabled The perpetrators of sexual violence enjoy almost peoples’ organisations. total impunity. There is little chance that they will be observed, nor is the survivor likely to tell Save the Children and Handicap International have anyone what is happening to them. In many cases, created a set of recommendations (summarised perpetrators are part of the family or community below), which are available in full at the end of this upon which the child is dependent for his or her report. These were developed in consultation with well-being and survival and, therefore, hold great children, young people and professionals working vi EXECUTIVE SUMMARY on this issue around the world. We hope they will 4. Make children and young people with be taken forward by governments, donors and civil disabilities more visible both in society society organisations, communities, and children and and in development programming by, young people. for example, conducting more research on issues that affect them and including 1. Tackle the social and structural impairment-specific disaggregated information discrimination that prevent children and in data collection. young people accessing services, by, for example, guaranteeing equal access to education, 5. Ensure that national laws and policies reporting mechanisms, and other opportunities prevent and respond to sexual violence that decrease the isolation of children and young against children and young people with people with disabilities. disabilities in line with international and regional human rights instruments by, for 2. Invest in high-quality, free services that example, making explicit and specific mention prevent and respond to sexual violence of their particular rights and needs in national against children and young people child protection and sexual violence legislation with disabilities and prioritise the and policies. best interests of the individual child at all times. 3. Support children and young people with disabilities to play an active part in society and in the services that affect them. vii INTRODUCTION Children with disabilities are among the most justice system, in the workplace and within the discriminated against children in the world. wider community. It takes the form of infanticide Although it is estimated that 200 million children and so-called mercy killings, beatings, sexual violence, have a disability, 80% of whom live in the developing and emotional and verbal abuse and bullying. world, they are largely ignored by governments, the Although too little research has been undertaken media and other opinion-formers and decision- as yet to fully understand the extent to which the makers, and remain almost totally invisible in right of children with disabilities to protection from mainstream society.1 violence is being violated, what evidence does exist paints a consistently bleak picture – and one which The statistics that underlie the lives of children is reinforced
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