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Article
6 - Women with Disabilities
Background
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6 Background
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Sixth Session
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International Disability Caucus
Comments, proposals and amendments submitted electronically
Governments
Article 15 (bis) : Femmes handicapées
La délégation camerounaise accueille favorablement cette nouvelle proposition d’un article consacrée aux femmes handicapées, ainsi que les développements qui y sont faits, notamment ceux touchant à la santé de la reproduction (alinéa c), l’exploitation et les violences sexuelles (alinéa e).
Cette approche sexospécifique non seulement permet de tenir compte de l’aspect genre, mais aussi évite le recours ultérieur à des protocoles additionnels à la présente convention
AHC6 - Article 15bis: Canadian comments Aug 4 2005
$ The preamble already includes language on multiple forms of discrimination and on the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights by persons with disabilities, in paragraphs m and n.
$ However, in Canada’s view, these references are not sufficient, and specific obligations in the body of the Convention are required in order to fully address and mainstream issues of particular concern to women with disabilities in the Convention.
$ In this regard, Canada would therefore propose the addition of:
$ First, a clear principle in Article 2 guaranteeing the equal protection of the rights of women (as proposed by Canada at the 3rd AHC and supported by a number of States):
“Equality between men and women”
$ Second, a general obligation in Article 4 requiring States Parties to ensure the equal enjoyment of all human rights by women with disabilities and to mainstream a gender perspective in all policies and programs relating to persons with disabilities:
Article 4(1)(f)ter“To respect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by every woman with a disability without discrimination of any kind, and to this end, to mainstream a gender perspective in all policies and programs relating to persons with disabilities;”
$ Third, the specific needs of women with disabilities that are not already addressed elsewhere, either in this Convention or in other instruments, should be addressed throughout this Convention where it is needed, consistent with the principle of mainstreaming a gender perspective. However, we should not merely repeat provisions already contained in other instruments.
$ Examples of where women with disabilities are already mainstreamed in the Convention include:
$ Article 6 on statistics provides for disaggregation of data on the basis of sex.
$ Article 7 provides for non-discrimination on the basis of sex.
$ Article 14bis on the family contains a reference to women. The issue addressed in para 2c of the Republic of Korea’s proposal could be incorporated here.
$ Article 23(1)(b) on social security and an adequate standard of living includes a specific reference to women and girls.
$ Additional places where such issues may need to be addressed may include:
$ Article 12 on violence and abuse:
Suggested new subpara: “States Parties recognize the particular vulnerability of women with disabilities, and shall therefore take special measures to protect women with disabilities from all forms of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual exploitation and abuse.”
$ Article 17 on education
$ Article 21 on health
$ Article 22 on work
$ Canada is open to a specific article if there are issues which cannot be better addressed elsewhere.
AHC6 - Article 15bis Canadian statement Aug 2 2005
$ Canada welcomes the initiative from the Republic of Korea, which has focussed the attention of the Committee on the issue of how to best address the concerns and needs of women with disabilities and make them visible in this convention.
$ Disabled women are subject to multiple forms of discrimination and are one of the most highly marginalized groups. Women with disabilities have been recognized as a particularly disadvantaged group in a number of international documents, including the Beijing Declaration and Platform of action.
$ It is clear that all delegations agree that issues specific to women with disabilities should be included in this Convention.
$ The issue before the Committee is how to best achieve this goal.
$ On the one hand, some delegations have supported a specific article on this issue. In Canada’s view, however, a stand-alone article would not be the best approach to dealing with this issue.
$ In Canada’s view, the specific needs of women with disabilities should be addressed throughout this Convention wherever it is needed, consistent with the principle of mainstreaming a gender perspective in all relevant provisions.
$ We note that the preamble already includes language on multiple forms of discrimination and on the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights by persons with disabilities, in paragraphs m and n. However, in Canada’s view, these references are not sufficient.
$ In this regard, Canada welcomes the proposals from the Republic of Korea, the European Union and others, and also the very interesting and valuable discussion paper “Towards the visibility of women with disabilities in the UN convention” issued by Disabled Persons International. Building on these ideas, Canada would propose the addition of:
$ Firstly, a clear principle in Article 2 guaranteeing the equal protection of the rights of women, along the lines of Article 3 of the ICCPR, as Canada has already suggested.
$ Secondly, a general obligation in Article 4 requiring States Parties to mainstream a gender perspective in all policies and programs relating to persons with disabilities
$ and Thirdly, the inclusion of specific references in the key articles of particular concern to women (many of which issues were highlighted in the proposal from ROK), in particular:
$ article 7 on equality and non-discrimination
$ Article 12 on violence and abuse
$ Article 14bis on the family
$ article 17 on education
$ Article 21 on health
$ and Article 22 on work.
$ As an example of this approach, we note that there is already a specific reference to women and girls in Article 23(1)(b) on social security and an adequate standard of living.
$ Canada is willing to work with the facilitator and other delegations to develop a comprehensive package of specific proposals to address these issues which are so critical for women with disabilities.
$ Thank you.
EL SALVADOR
Revised Proposal for Article 15 (par. A & B)
"People with disabilities have the equal opportunity to choose their place
of residence and are not obligued to live in an institution or in a particular
living arrangement, unless being neccesary".
EU Proposal to replace Article 15 bis (Women with Disabilities)
Preamble
Recognising that women and girls with disabilities are often subject to multiple discrimination and therefore face particular disadvantages, and bearing in mind the obligations of States Parties to ensure the full enjoyment of all human rights and fundamental freedoms by women and girls with disabilities on an equal basis with others,
Recognising that persons with disabilities, in particular women and girls, are often at greater risk, both within and outside the home, of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including their gender based manifestations;
Article 4
1. States Parties undertake to ensure the full realisation of all rights and fundamental freedoms for all individuals within their jurisdiction without discrimination of any kind on the basis of disability. To this end, States Parties undertake:
(e) bis to take all necessary measures to ensure the full and equal enjoyment of all human rights by women with disabilities on an equal basis with others, bearing in mind the general obligation to ensure equality between women and men;”
(e) ter: “to take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights without discrimination of any kind based on disability;”
DRAFT ARTICLE 15 BIS
Women with disabilities
1. States parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused gender specific measures (including protective measures) will be necessary to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with others.
2. States parties shall undertake measures to specifically increase education,
awareness creation and access to information on issues unique to women,
especially those that discriminate and marginalize, particularly women
with disabilities, including but not limited to:
a. Single parenthood;
b. Negative cultural practices;
c. Negative religious beliefs and practices; and
d. Reproductive health.
3. States parties guarantee equitable participation and representation of women with disabilities in all democratization processes and all decision-making levels.
4. States parties undertake to address the special needs and provide necessary support, security, safety, and counselling for women with disabilities in situations of civil or natural calamities.
5. States parties undertake to ensure sustainable livelihood for women with disabilities by adopting and implementing appropriate policies and legislative measures that guarantee and enhance their access to and ownership of land and other property, access to credit , gainful employment and social security.
Il s'agit de remplacer dans le point C le mot "maternité" car
la maternité n'est qu'un élément de la santé de
la reproduction. Cela permettra de garantir le droit des femmes handicapés
aux autres composantes de la santé de la reproduction à savoir
le planning familial, le soin aux enfants et adolescents, la lutte contre
les infections sexuellement transmissibles (IST) dont le Sida etc...
Non-governmental organizations
INTERNATIONAL
DISABILITY CAUCUS
Draft proposal
Women and girls with disabilities
1 August 2005
Included in article 2 or 4
States Parties acknowledge the principles of equality between women and men,
the principles of gender mainstreaming in all following articles and the
need for particular actions to eliminate the discriminations of women with
disabilities.
15bis
1. States Parties acknowledge that women and girls with disabilities are
subject to discrimination on the grounds of disability and gender and
to intersectional discrimination on other grounds. States Parties shall
therefore take all necessary measures to eliminate all forms of discrimination
against women and girls with disabilities, consistent with the provisions
in this convention.
2. States Parties shall ensure that all human rights and fundamental freedoms
are guaranteed to women and girls with disabilities, on a basis of equality
between females and males, without discrimination of any kind, in the civil,
political, economic, social, cultural or any other fields. To that end
States Parties shall ensure that:
a) law, legislative and other measures guarantee women and girls with disabilities
equal access and enjoyment of rights as others in all areas of life;
b) women and girls with disabilities are, without discrimination entitled
to freedom, safety, autonomy, independence, respect and dignity on an equal
basis with others;
c) all data collection related to this Convention shall be gender disaggregated.
3. States Parties acknowledge the principles of equality between men and women and shall ensure that all articles of this convention are applied and implemented for women and men with disabilities.
4. States Parties shall develop pro-active measures and policies to ensure that women and girls with disabilities of all ages enjoy the same opportunities and rights as others.
5. To this effect States Parties shall ensure that women and girls with
disabilities shall ensure:
a) full access to programs and measures related to areas such as, but not
limited to information, finances, family relations, education, training,
health care, habilitation and rehabilitation and employment;
b) the right to sexuality, motherhood, adoptions, support during pregnancy
and childbirth, postpartum health care and child-care and necessary assistance
in this regard;
c) freedom from abuse, violence, sexual exploitation, marginalization and
forced medical and pharmaceutical experimentation;
d) full access to development programs such as microfinance and independent
economic viability programs in order to overcome poverty and financial
dependence;
e) access to all programmes and measures for the general population, whether
gender mainstreamed or gender specific;
f) participation in public decision-making, policymaking and self-representation
through organizations, on a basis of equality between women and men;
g) participation in policymaking related to gender on a basis of equality
with other women, and participation in policymaking related to disability
on a basis of equality between women and men;
h) participation, on a basis of equality between women and men, at all
stages of implementation and monitoring of this Convention.
NOTE 1: Article 7 should include non-discrimination on the grounds of disability and gender as well as on other grounds.
NOTE 2: The preamble should refer to the historical and cultural discrimination
against women and girls with disabilities.