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Article
6 - Women with Disabilities
Background
Documents | Article
6 Background
Seventh Session | Sixth Session | Fourth Session | Third Session
Seventh Session
Governments
Non-governmental organizations
International Disability Caucus
International Disability Convention Solidarity in Korea (IDCSK)
People with Disability Australia
Women with Disabilities Australia
Comments, proposals and amendments submitted electronically
Governments
Proposed Article No. 6 – Women With Disabilities
State Parties recognise 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 enjoy all human rights and fundamental freedoms on the basis of equality with men and boys.
State Parties shall take all appropriate measures to ensure the equal right of women with disabilities to the enjoyment of all rights set out in this Convention.
Australian Intervention on Article 6
Australia has proposed a separate Article which is substantially reflected in the Facilitator’s text.
We believe that is it important to recognize that the multiple discrimination experienced by women and girls is based on the intersection of gender and disability.
We are flexible on the proposal for the preamble (n) bis and the twin track approach proposed. However we strongly support both the inclusion of a separate article on women and the facilitator’s text for this Article.
On the issue of separate references to women throughout the Convention we are flexible, although we would note the risk of weakening the emphasis by frequent references. For this reason we particularly believe that the second paragraph in the facilitator’s text is important as it reinforces the fact that ALL rights in this Convention also apply to women. We do not believe that this paragraph limits the rights of women only to those in this convention.
In relation to specific articles:
We support reference to Article 16 but are concerned that the current wording sets up a hierarchy between men and women and suggest replacing the additional facilitator’s text with the following:
“noting that women and girls are particularly vulnerable in such circumstances”
We also support a reference in Article 25 (b) bis but believe that the issues raised are substantively dealt with in other articles so suggest that the words “and protect them from any form of coercive treatment, including sterilization” could be deleted.
Australia does not support proposed Article 31 1 (o) on the basis that it is too prescriptive but noting the importance of disaggregating data on the basis of gender and age we do support 31 1 (o.1)
Australia is flexible on the inclusion of a separate article on children. In the event that separate references are included for children Australia supports the text for Article 3 (h) and Article 4.
We understand that discussions continue for Article 17 but do not support the proposed A17 2 bis.
We support the intent of Article 23 2 ter and suggest a final sentence to read: “ In making any arrangements the best interests of the child shall be a primary consideration.”
Australia believes that there is merit in retaining references to “age sensitive” rather than “child sensitive” as we believe it also covers reference to older persons, which is increasingly important in view of the ageing of our population.
Women and Children
Amendment by China
Part I: WOMEN
ARTICLE 6
2. State Parties shall take all appropriate measures to ensure the equal rights of women with disabilities to the enjoyment of all rights set out in this Convention. the full development and advancement of women with disabilities , for the purpose of guaranteeing them the enjoyment of human rights and fundamental freedoms on a basis of equality with men.
Note: The amendment was borrowed from article 3 of CEDAW, which is more positive and comprehensive.
Proposals on articles relating to Women and Children with disabilities and other relevant articles
First of all, we join other delegations in recording our appreciation of the work done by the Facilitators in coming up with a very useful text on women and children with disabilities for inclusion in various articles of the convention. We agree with the concerns of all other delegations that women and children with disabilities are more vulnerable to neglect, abuse and discrimination and therefore there is a need to have specific provisions to protect their rights and fundamental freedoms. We, however, hold a view that there may not be a need to have a separate article for each of these groups since this may raise the requirement to have separate articles on Aged, each type of disability or even for persons with severe disabilities. However, considering the debate on this issue so far, we are ready to take a flexible position.
(ii) We suggest that paragraph 2 of Article 6 could be made consistent with the language adopted in CEDAW.
Article 6
1. States Parties shall take all necessary measures to ensure the full enjoyment of all human rights and fundamental freedoms by women with disabilities.
2. States Parties shall take all necessary steps to enable women with disabilities to live in freedom, safety and autonomy by addressing the multiple discrimination and the particular disadvantages that they face on the basis of their gender and/or disability throughout their life span. These steps shall include, but not be limited to, the following:
(a) Providing separate reference to the protection of the rights of women with disabilities in laws concerning women and persons with disabilities to ensure that women with disabilities are able to live with dignity in freedom, safety, and autonomy;
(b) Protecting women with disabilities from sexual exploitation, violence and abuse at home, institutional facilities and communities;
(c) Ensuring that women with disabilities are not deprived of their rights to education and providing education and skills development commensurate with their capabilities and needs;
(d) Prohibiting any discrimination on the basis of disability and/or gender in the labor market, and protection from sexual harassment at the workplace;
(e) Protecting the reproductive rights of women with disabilities including prohibition of forced sterilization, and developing policies and programs in fields such as family-planning and parenthood, pregnancy, childbirth and post-partum period that fully reflect the needs of women with disabilities.
Contributions to article 6: Women and girls with disabilities
1. Paragraph one: We agree with the facilitator’s text with some changes, our change reads: …………….and that focused, empowerment and gender sensitive measures……
Towards the end - reads on the basis of equality with men and boys with disabilities to add…… as well as women and girls with no disabilities.
To Read:
States Parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused, empowerment and gender sensitive measures are necessary to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with men and boys with disabilities as well as women and girls with no disabilities.
2. Inclusion of new paragraph 2 to strengthen paragraph one and read as follows
The specific measures by states shall ensure that:
a. In fulfilling obligations under CEDAW and this convention all rights are implemented fully in respect of women and girls with disabilities.
b. Reports provided to the relevant treaty body under the terms of CEDAW and the present convention shall address fully measures taken to implement all rights in respect of women and girls with disabilities. (Could also be shifted to the article on monitoring)
c. Empowerment programmes, accommodations and access to mainstream services and resources are tailored to the specific needs of women and girls with disabilities towards gender equality in terms of CEDAW and this convention.
Justification
(This convention must fix what other conventions failed to achieve for persons with disabilities in general but more specifically ensuring that States do take the issues of women and girls with disabilities from a gender perspective and empowerment in consideration in particular in relation to the implementation and monitoring of CEDAW. Empowerment of women and girls is of paramount importance in this context so as to achieve gender equality. In this context this convention must identify and spell out what the measures of States must ensure effectively.)
Recommendations for specific text per article on the issues of women and girls
The text of IDC is worth considering for possible inclusion of specific issues related to women and girls from a gender perspective in general in various articles of this convention and we recommend careful consideration of their proposals against the facilitator’s text.
South Africa’s first response to the first facilitator’s text
Should specific articles be favored then we recommend the following text:
Facilitator’s Text:
1. State Parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused, sex-specific and gender sensitive measures are necessary to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with men and boys with disabilities.
We propose the following changes to the facilitator’s text:
(a): The deletion of “sex-specific” and addition of “empowerment”.
(b): “as well as women and girls with no disabilities” to be added to the end of the last sentence.
The amended text would read:
State Parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused, empowerment and gender sensitive measures are necessary to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with men and boys with disabilities as well as women and girls with no disabilities.
In line with CEDAW a paragraph 2 is recommended to both strengthen paragraph 1 and be in line with CEDAW. Please see the below proposed text for paragraph two
2. Measures by states shall ensure that:
a. in fulfilling obligations under CEDAW and this convention all rights are Implemented fully in respect of women and girls with disabilities.
b. reports provided to the relevant treaty body under the terms of CEDAW and the present convention shall address fully measures taken to implement all rights in Respect of women and girls with disabilities. (could also be shifted to monitoring)
c. empowerment programmes, accommodations and access to mainstream services and resources are tailored to the specific needs of women and girls with disabilities towards gender equality in terms of CEDAW and this convention.
Reponse to the second draft of the facilitator’s text on Article 6 and 7 at the 7th session
30 January 2006
We agree with all the principles contained in the facilitator’s text, but we have simply streamlined the language and we propose the following language:
“State Parties shall take all appropriate measures to ensure full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms on an equal basis with others, including focused, empowering and gender sensitive measures to implement this Convention and other applicable Conventions with respect to women and girls with disabilities.”
We are flexible on whether further reference to women and girls with disabilities should form part of the General Obligations and whether it should be contained in a separate Article.
We realize that the reference to the enjoyment of human rights and fundamental freedoms might seem to be superfluous in view of the fact that these principles are contained in the purpose to the Convention, but in view of the vulnerability of women with disabilities to discrimination, we feel that a repetition of these principles are well founded.
We support article 25.
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS (IDC)
Article 6
Chairman’s text amended by the IDC
(NEW:
1. States Parties shall eliminate the multiple and intersectional discriminations of women and girls with disabilities and take gender specific measures to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with others.
2. State Parties shall implement the obligations set forth in this Convention with a gender perspective in mind. To that end States Parties shall:
(a) adopt appropriate legislative and other measures prohibiting all forms of discrimination against women and girls with disabilities
(b) take effective measures to ensure freedom, safety and autonomy of women and girls with disabilities and eliminate obstacles to economic and personal development
(c) undertake necessary measures concerning the increased risk of sexual exploitation, violence and abuse of women and girls with disabilities
(d) recognize the particular disadvantage of women with disabilities associated with health care and motherhood and ensure to women with disabilities appropriate and free services where necessary in connection with pregnancy, childbirth and post-natal period as well as adequate nutrition during pregnancy and lactation.
(e) develop national mainstreamed policies and programs pertaining to women and girls with disabilities
(JUSTIFICATION FOR SPECIFIC ARTICLE: It is important that the Convention ensures that women with disabilities enjoy equality between men with disabilities, non-disabled women and men. To realize this aim, the IDC proposes twin track approach.
This approach means inclusion of language in certain provisions: the preface, general principles, and general obligation, but also the inclusion of a separate article for women with disabilities to clarify complex and unique discrimination against women with disabilities and identify their unique needs, which was unmet by existing international law. Specifically believe that:
It is very meaningful that the separate article in regard to women with disabilities is to be inserted as Article 6.
It will ensure that governments recognize the significance of the issue of women with disabilities before other articles.
It will ensure that governments realize the significance of gender perspectives and equality between men and women with disabilities and between women with disabilities and women without disabilities. It also specifies that these perspectives will be applied throughout the text. )
Women’s IDC
Proposals on inclusion of Gender aspects in a specific article
23.01.2006
Equality of Men and Women with Disabilities
1. State Parties recognise that women and girls with disabilities are subject to multiple discrimination and to this end undertake focused, sex-specific and gender sensitive measures to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with men and boys with disabilities.
2. States Parties shall ensure that women with disabilities can exercise their reproductive rights.
3. State parties shall assess the implications for women and girls with disabilities of any planned action concerning disability, inter alia, legislation, policies or programmes, including the implementation, monitoring and evaluation, in all areas and at all levels, as a strategy so that women and men with disabilities benefit equally.
Justification
Article 6 in part I of the Convention highlights the multiple discrimination of women and girls with disabilities. It rises the attention of governments and gives the chance that also ministries , departments or other authorities for women’s affairs are included into the implementation and monitoring of the present Convention. This is especially of great importance for women and girls with disabilities in the developing countries.
Response to the Facilitator’s Proposals on Women with Disabilities from 28/30 January 2006
Facilitator
Women with Disabilities
1. State Parties recognise that women and girls with disabilities are subject to multiple discrimination and that focused, empowerment and gender sensitive measures are necessary to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms.
2. State Parties shall take all appropriate measures to ensure the equal rights of women with disabilities to the enjoyment of all rights set out in this Convention.
Comment: This text could be either placed in a paragraph under Article 4 (General obligations) or it could be in Article 6.
Women’s IDC
Women’s IDC is very pleased with the fact that the facilitator used delegates’ proposals and drafted this into a text for Article 6. As we pointed out in all our papers the Women’s IDC feels that this is of great importance to all women and girls with disabilities. By adding the following amendments we work to clarify the text.
EQUALITY OF MEN AND WOMEN WITH DISABILITES
4. State Parties recognise that women and girls with disabilities are subject to multiple discrimination and (ADD: to this end shall undertake, DELETE that) focused, (REPLACE: empowerment by empowering) and gender sensitive measures (DELETE: are) necessary to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms (ADD: without discrimination on the basis of sex).
ADD:
1Bis
States Parties shall ensure that women with disabilities can exercise their reproductive rights on an equal basis with others and that exercising this right is not used to perpetuate inequality.
5. State Parties shall (DELETE: take all appropriate measures to ensure the equal rights of women with disabilities to the enjoyment) (REPLACE by: assess the implications for women and girls with disabilities of any planned action concerning) (DELETE: of) all rights set out in this Convention, (ADD: as a strategy so that women and men with disabilities benefit equally).
Rationale:
Article 6 as proposed by Women’s IDC follows the objective to fulfil the obligation of gender equality for women and men with disabilities.
To achieve this objective Women’s IDC considers following elements indispensable which derive from the human rights standard-setting efforts of the United Nations relating to women:
1. The formal affirmation that human rights and fundamental freedoms apply to women with disabilities as they do to men with disabilities - art. 6 (1);
2. the recognition of multiple-discrimination of women with disabilities and in particular the discrimination based on sex - art. 6 (1);
3. positive measures to achieve equal treatment and equal opportunities for women with disabilities – art. 6 (1);
4. the use of a gender mainstreaming approach when implementing all rights set forth in this Convention by identifying and addressing obstacles that are based on the gender of a person with disability – art. 6 (2).
The way paragraph 2 is currently drafted is not comprehensively covering the strategy of gender mainstreaming.
5. the recognition that women with disabilities have equal reproductive rights and the exercise of these rights shall not lead to inequality – art. 6 (1bis).
The exercise of their reproductive rights has strong implications for the equal rights of women in all areas of life, e.g. for the women’s role in the family and community, their participation in education, work, public and political life, their needs in the health sector, their participation in rehabilitation etc. On the same time, women with disabilities are often denied their reproductive rights on the basis of their disability.
Therefore, this important issue can only be addressed in the general part of the Convention and in relation with insuring equal rights to women with disabilities.
INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA (IDCSK)
IDCSK fully supports the proposals made by the IDC except only the below.
Article 6
(NEW TEXT PROPOSED BY IDCSK)
1. States Parties shall eliminate the multiple and intersectional discriminations of women with disabilities throughout their life span and take gender specific measures to ensure that women with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with others.
2. State Parties shall implement the obligations set forth in this Convention with a gender perspective in mind.
3. States Parties shall take all necessary steps to enable women with disabilities to live in freedom, safety and autonomy by addressing the multiple discrimination and the particular disadvantages that they face on the basis of their gender and/or disability and eliminate obstacles to economic and personal development These steps shall include, but not be limited to, the following:
(a) develop national mainstreamed policies and programs pertaining to women and girls with disabilities
(b) adopt appropriate legislative and other measures prohibiting all forms of discrimination against women and girls with disabilities and shall include a separate reference to the protection of the rights of women and girl with disabilities in laws pertaining to women and(or) persons with disabilities
(c) shall take all necessary measures to protect women with disabilities from sexual exploitation, violence and abuse at home and communities.
(d) recognize the particular disadvantage, inter alia in the labar market, of women with disabilities associated with health care and motherhood and ensure to women with disabilities appropriate and free services where necessary in connection with pregnancy, childbirth and post-natal period as well as adequate nutrition pregnancy and lactation .
(e) shall ensure that women and girl with disabilities are not denied their rights to work and not deprived of rights to education on a basis of gender and/or disability
(f) shall support to empower the self-helf organizations of women with disabilities
(Justification for specific article)
• Without appropriate support, women with disabilities have been suffering from multiple discriminations and placed under desperate situations. So, considering the severity of issues that women with disabilities are faced with, this Convention should include a stand-alone article dealing specifically with issues of women with disabilities.
• Even CEDAW, which is supposed to cover all issues of women in comprehensive ways doesn't fully deal with issues of women with disabilities. Under the circumstances, if this Convention doesn't specifically mention the issues of women with disabilities, it is highly likely for the WWD issues to be neglected.
• If we don't deal with the WWD specific issues in a separate article in this Convention, general application of this convention might not fully address the specific disadvantages that WWD are suffering from.
• More concrete and specific obligations as well as general obligation must be necessarily included in this convention to ensure the implementation of this Convention. Particularly to encourage women with disabilities to participate in the implementation process at the national level, set-up of a separate article stipulating specific obligation for the issues of WWD is a must.
• To reflect the perspective of WWD in every article, a stand-alone article for WWD should be placed in the I part , which deals with general comments of chairman's text.
• Our experiences say that article like 'general obligations' can never address specific issues like sufferings of WWD. And that's why CRC and CEDAW were separately established despite the rules A and B of the existing Comprehensive Human Rights Convention. Therefore, we believe it more desirable to set a separate article for WWD beside general obligations.
• CRC deals with issues of children with disabilities in the article 23, but many insist that it has failed in protecting the rights of children with disabilities despite a separate article for children with disabilities. But, the reason of the failure is from too limited wordings of article 23, not from the existence of a separate article. )
Article 6 Comments: In order to correct disparities deriving from gender, we support an independent article concerning women with disabilities, in addition to the other parts of the Convention such as the Preamble and General Principles. Regarding its content, "ensure to protect women with disabilities from freedom from abuse, violence, or sexual exploitation inside and outside of households” as proposed by the Korean proposal, facilitators’ proposal (8 August 2005) and The International Disability Caucus (IDC) proposal (seventh Ad Hoc Committee) should be included. Related domestic measures:
When amending The Basic Law for Persons with Disabilities in the future, social participation of women with disabilities and facilitation of their participation in decision making processes should be mentioned. For example, the phrase "including women with disabilities" should be added to Article 17 Paragraph 3 of The Basic Law for Persons with Disabilities so it would provide as follows: "The members of the Central Council shall be appointed from among persons with disabilities, persons who are engaged in welfare of persons with disabilities and experts who have knowledge or the needs of persons with disabilities by Prime Minister. In this case, composition of the members shall be taken into account so that opinions of persons with various types of disabilities, <including women with disabilities> can be reflected in the consultations." As of the present, only 2 of the 30 members of the Central Council are women with disabilities.
Article 6
“Gender equality reform”
Male role in Achievement of Gender Equality
Introduction
Male role as fathers, brothers, school fellows, yokemates, business colleagues, managers, government representatives in local, regional or international levels, certainly is very important and responsible, especially in the advancement of the gender equality. In particular, we have to point out the importance of the equality for the females with psychophysical disabilities
The role of generality of males in their societies consists on being the father, colleague, manager, politician, and/or law and lawful policymaker. The high percentages of them are participating, and have the responsibility, for the current situation of the gender equality, and about the stance of the women with disability.
A controversial issue about the gender equality was widely represented within public programs, and under frame for disposition of women issues, as well as for consolidation of women movement, which operates separately from men participation.
Many male movements exist in the world, and they have quite successful results in accomplishment of the gender equality. Bearers of these kind of movements has to raise their voice, in order to find joint path for the achievement of complete gender equality in each society, and in order to create joint movement aiming gender equality.
Male role in achievement of the gender equality, focused into women and girls with disability
Into life perspective of women and girls with disability, the role of fathers, brothers, cousins and friends is one of the firsts barriers, or better, antecedences which opens the doors of our homes, and enables the participation in the communion, through education, employment, and creation of the conditions for independent life of the persons, and especially for women with especial needs. The male role in advancement of gender equality begins in the family, through modern and perspective parental care for children with especial needs.
Contribution, support and capability of males in achievement of the gender equality, and in involving females with disability in each sphere of life and work
“Gender equality reform” and achievement of specific goals can create joint movement (male-female), and in that manner can contribute in hardening the battle for barrier crossing towards gender equality.
Starting action point for gender equality, and especially focused on women with disability, is the role of fathers and the families.
Males from their position of governing, government and policy making, and in full accordance with women issue, is an excellent position for helping the efforts for the advancement of gender equality, and especially for the approach toward women with disability, in every sphere of their life and work..
Males are truly influencing the governments and parliaments in every country, because they are involved in those system institutions in much higher percentage comparing to women. That way, their capability and capacity to influence men onto course, and to speed up the advancement of gender equality, especially focused on females with especial needs, is very powerful.
Obstacles and challenges for complete communion involvement of females and females with disability
Male resistance linked with gender equality
Male resistance is mainly based onto their stereotyped education caused by the families and tradition, which is derived since their early childhood, as well as from the adolescent hood/bachelorhood period of their life. Through schooling, anyone benefits the system of values, and that way in stereotyped form we glance over, and especially onto women with disability, as at someone who is less valuable person, and that has to be isolated from their families and relatives. Namely, as someone without the rights on education, employment and creation of own values.
Reasons for alteration through male perspective
From the micro point of view – Men reasons for support, in the direction of advancement for position of women in general, and especially for women with disability, has to be done through economical measures; pointing the improvement of well-being of their family life.
Economical interest, from the government, parliament, or other system institutions point of view, has to be based on economical logic, which will lead toward wealth society in general. The employed and educated woman costs state less, and logically, state will spend less means from state funds for diverse recoveries, and at the same time, the equal woman will, in general, contribute for faster state development.
Gender and disabilities – the base of violence
Violence against girls and women with disability is especially expressive, and therefore they are quite often victims of heavy violence into their families or wide surrounding.
Caused by lack of education of women and girls with disability, family based violence, institutional violence, and violence caused by the surrounding of victims, is quite widespread.
Sexual violence is also spread among women and girls with disability.
Fight against all forms of violence is fore shore joint goal of both genders, therefore there’s tendency for joint involvement into this movement.
Models of education for boys and adult men
-Education of boys and adult men has to be reformulated, aiming to get better understanding and development of support between both genders;
-Education of boys and adolescents has to be based on the understanding of the main reasons for all kinds of violence against women and girls, with or without disabilities.
-Information and acknowledgement about the reproductive capacities, and with health protection of women with disability;
-Camping, training, lobbying, representing seminars, workshops, within interactive joint groups of man and women, with or without disabilities, in a way that best promotes joint goals in achievement of gender equality.
Male movement
Male movements have their own history, not only in world dimension, but also in developed and in underdevelopment countries. These movements have shown its high success in lobbying for advancement of gender equality, through diverse campaigns, such is: Campaign against violence on women, campaign against HIV/AIDS, etc.
Alliance with men
There’s quite long period of existence of world female alliance, which addresses its own unequal position to diverse governments, parliaments, institutions, international organizations, etc. But, the alliance operates, without any kind of cooperation with men, toward discovery of common interests and goals, in gender equality in their own surroundings.
Creation of the joint women and men alliance is necessity, because that way there is a possibility for discovering and for the reformation of joint ambition toward the advancement of gender equality as a final mission.
Creation of joint (male-female) lobbying groups, aiming to raise the public conscience about the gender equality, which is everybody’s interest, especially focused onto women with disabilities.
Suggestions for further frame work
Creation of joint forum (males-females), which will continue discussions about gender relations, and that way will better understand the reasons of current situation.
Analyses of the current situation
As starting-point analyses the current situation of women with disability and this very often leads to discrimination, exclusion from the communion, and poverty.
PEOPLE WITH DISABILITY AUSTRALIA (PWDA)
Report on National Consultations
Article 6
Chair’s text
The Chair left vacant text on women with disability.
There was overwhelming support for the inclusion of specific reference to women with disability in the convention. Participants pointed to the multi-disadvantage that women with disability experience as well as the many instances of human rights abuse and neglect experienced at the intersection of gender and disability. Participants noted that these were clearly documented in the 2004 Australian consultation report.
In addition, Women with Disabilities Australia argued that women with disability are “… clearly one of the most marginalised, neglected, excluded and isolated” … groups in Australia and world-wide. Women with disability experience “… triple discrimination – female, poor and disabled” and are:
• ignored in Government legislation, policies and programs
• neglected within services and programs across all sectors
• excluded from social movements designed to advance the position of women, and the position of people with disabilities
• subject to exploitation in all areas of their lives
• raped, abused, unlawfully sterilised, chemically restrained, medically exploited, institutionalised, denied control over their bodies, their finances and living situations
• denied employment, education and training
• denied social contact and opportunities to participated in their communities
• denied opportunities to participate in organisations, leadership roles and training
• discriminated against, harassed, humiliated, victimised and vilified
• the most vulnerable and least protected.
Most participants recognised that the inclusion of gender-equity provisions in the Preamble (at paragraph n) was welcome, however, pointed out that, of itself, was not sufficient to address the specific issues of women and girls with disability. In particular, participants argued that inclusion in the Preamble would not necessarily oblige States Parties to act to eliminate disadvantage and discrimination. Participants argued that additional references were needed to adequately ensure coverage of women with disability in the convention.
Most participants recognised the importance of including a specific interpretive article with reference to a range of population groups (please refer to section 3 of this report for further detail on this matter). However, there was very strong support for a separate and specific interpretive article on women with disability, recognising those disadvantages and discrimination outlined above. Women with Disabilities Australia (WWDA) provided draft text for such an interpretive article.
The relationship to the Convention of All forms of Discrimination Against Women (CEDAW) to this convention was also discussed at length. Participants indicated that reliance on the Convention as specifically addressing discrimination against women with disability as fundamentally flawed. Specific arguments included that:
• CEDAW does not include specific reference to women with disability
• general recommendation 18 (A/46/38) of the Committee on the Elimination of All forms of Discrimination Against Women requesting States Parties to provide information on women with disability in reports to the Committee is not widely adhered to by States Parties, or at best minimally responded to or provides an inaccurate analysis of the position of women with disability
• the Optional Protocol to CEDAW adopted by the UN General Assembly in 1999 has not received wide support from States Parties, including Australia
• the development of the convention on the human rights of people with disability does not and should not in itself mean that other thematic treaties should not apply to people with disability
Most participants argued that inclusion of women with disability in both CEDAW (through general recommendation 18) and this convention on the rights of people with disability through an interpretive article should provide women with disability with a choice under which treaty to seek redress. Participants indicated that the relationship between the two conventions should be a technical matter and therefore dealt with under Part 4 of this convention.
Some participants also argued for a mainstream approach through the recognition of the rights of women and girls with disability in key substantive articles of the Convention. Participants argued that this would strengthen the requirements on States to report on the progress of achievement of rights for women with disability under every article, rather than one article only. However, those who supported this approach, did so only on the provision that an interpretive article on women and girls with disability was also included.
Given the complexity of this issue and the relationship to a proposed additional interpretive article to the Chair’s Text the following recommendations are made with a view to the Australian delegation requiring flexible instructions on this matter.
Recommended position 1
That specific reference to women and girls with disability be included in:
• Preamble (please refer to Section 2.1 of this report)
• General principles (please refer to Section 2.4 of this report)
• Specific interpretive article on population groups (please refer to Section 3 of this report)
• Interpretive article on women with disability
• Mainstreamed throughout relevant substantive articles
Interpretive Article 6: Women with disability
States Parties recognise that women and girls with disability are subject to multiple discrimination and that focused, gender-specific measures (including protective measures) are necessary to ensure that women and girls enjoy all human rights and fundamental freedoms on the basis of equality with men and boys.
States Parties undertake to take all necessary measures to ensure the equal right of women with disability to the enjoyment of all rights set forth in this convention.
Mainstreamed throughout relevant substantive articles: (for example, Article 16 Freedom from Violence and Abuse, Article 23 Respect for the Home and Family, and Article 25 Health).
Recommended position 2
That specific reference to women and girls with disability be included in:
• Preamble (please refer to Section 2.1 of this report)
• General principles (please refer to Section 2.4 of this report)
• Specific interpretive article on population groups (please refer to Section 3 of this report)
• Interpretive article on women with disability
PWDA intervention
Article 6
Mr Chairperson:
This intervention is made on behalf of People with Disability Australia. Thank you for the opportunity to address the Ad Hoc Committee.
In this session of the Committee, many Governments have acknowledged that women with disability experience multiple and aggravated forms of human rights abuse as a result of the intersection of disability and gender. Examples of human rights abuse that result specifically from the intersection of disability and gender include the denial of sexuality, sterilisation, greater rates of institutionalisation than for men with disability, higher rates of voluntary and forced removal of children, and poor or no access to health programs and services, including in relation to women’s health.
The poorest of the poor are disproportionately women with disability. Women with disability – much more so than their non-disabled female peers - are denied access to education and employment, and have no means of developing economic independence. We therefore support those State Parties that have called for gender mainstreaming within the education and employment articles.
Although there is no question that the needs and concerns of women with disability should be of central importance in international and national implementation and monitoring measures under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), in practice this has not been the case. Women with disability are not mentioned in CEDAW, and to date they have been virtually ignored in its implementation as well as in State reports to the Committee on the Elimination of Discrimination Against Women.
We believe it is essential that the human rights of women with disability are specifically recognised in this convention. This will highlight the multiple discrimination confronting women with disability and thereby ensure gender equity throughout this Convention. In the absence of specific recognition, women with disability will remain invisible and be ignored in implementation measures, thus further entrenching pre-existing disadvantages.
Reference to women in this convention must not result in CEDAW being taken not to apply to women with disability. It is essential that all human rights set forth in this convention, and in CEDAW, must apply, and be seen to apply, to women with disability. In this respect we strongly advocate a ‘twin track approach’ to addressing the human rights of women with disability, under which this convention and CEDAW are structurally interlinked. The best means of achieving this is a general interpretative article.
For reasons we do not have time to outline here, we also strongly advocate specific recognition of children and young persons in this convention, and other specific population groups who experience multiple and aggravated forms of discrimination and social disadvantage, such as indigenous persons, and those living in rural remote and small island communities. Again, we think the best approach is the inclusion of an interpretative article dealing with this issue. In this respect we would like to again highlight the Australian proposals for the recognition of specific population groups.
Thank you for the opportunity to address the Ad Hoc Committee.
WOMEN WITH DISABILITY AUSTRALIA (WWDA)
Article 6
Submission to the Australian Government on the on the 'Chairman’s Text for a Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities’
November 2005
Recommendation
In the context of the impact of multiple discriminations caused by the intersection of gender and disability, WWDA recommends that:
the Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities’ must contain a substantive Article on Women With Disabilities, in recognition of the need to acknowledge, emphasise and address the particular disadvantages faced by women with disabilities the world over (WWDA 2004).
1. About Women With Disabilities Australia (WWDA)
Women With Disabilities Australia (WWDA) Inc. is the national peak body for women with all types of disabilities in Australia. It is a not-for-profit organisation constituted and driven by women with disabilities. It has a very diverse membership base, with associate members from a wide range of sectors – all who support the self-determination of women with disabilities. It is the only organisation of its kind in Australia and one of only a very small number internationally. WWDA is inclusive and does not discriminate against any disability. WWDA is unique, in that it operates as a national disability organisation; a national women's organisation; and a national human rights organisation (more information about WWDA can be found at the organisation’s extensive website: www.wwda.org.au).
2. Introduction
In November 2001, the United Nations (UN) General Assembly established an Ad Hoc Committee (AHC) to “consider proposals for a comprehensive and integral convention on the rights and dignity of persons with disabilities.” This action came after many years of advocacy by the disability community for the inclusion of disability in the UN human rights legal framework. The AHC has met a number of times since then, and meets again in January 2006 to focus specifically on the most recent draft of the convention developed by the Chair of the Ad Hoc Committee, Ambassador Don McKay in October 2005. This draft is known as the Chair’s Text. The Chair’s Text is an amalgamation of the proposals and debates that have taken place in the Ad Hoc Committee in 2005.
As explained by Ambassador Don McKay in his covering letter to the Chair’s Text, although there has been general agreement that disabled women are at a particular disadvantage and their situation needs to be appropriately covered by the Convention, there is no consensus as to how that will be achieved; ie: whether there needs to be a separate Article dealing with women with disabilities, or whether this could be covered in other parts of the draft convention. This fundamental issue needs to be resolved at the next Ad Hoc Committee meeting in January 2006.
Given the extremely short time frame for consultations on the Chair’s Text, WWDA’s submission is necessarily brief and focuses explicitly on provisional Article 6 – Women With Disabilities.
3. Gender & Disability & the Draft Convention – The Context
There are 1.9 million women with disabilities in Australia. It is widely acknowledged that they are not only one of the most socially disadvantaged groups in society, but also clearly one of the most marginalised, neglected, excluded and isolated. They are over represented in poverty and face the greatest incidence of disadvantage. They suffer triple discrimination – female, poor and disabled. Women with disabilities are ignored in Government legislation, policies and programs. Their issues and needs are neglected within services and programs across all sectors. They are excluded from social movements designed to advance the position of women, and the position of people with disabilities. They are subject to exploitation in all areas of their lives. Women with disabilities are raped, abused, unlawfully sterilised, chemically restrained, medically exploited, institutionalised, denied control over their bodies, their finances and living situations. They are denied employment, education and training. They are denied social contact and opportunities to participate in their community. They are denied opportunities to participate in organisations, in leadership roles and training. They are discriminated against, harassed, humiliated, victimised, and vilified. Women and girls with disabilities are the most vulnerable and least protected (WWDA 2002; UN ESCAP Workshop on Women and Disability 2003).
In this context, it is important to re-iterate WWDA’s position, clearly stated in our previous Submissions to Government on the development of a draft Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities’ that:
the Convention should contain a substantive Article on Women With Disabilities, in recognition of the need to acknowledge, emphasise and address the particular disadvantages faced by women with disabilities the world over (WWDA 2004).
4. The Position of Women With Disabilities Australia (WWDA)
In Australia in 2005, it remains a fact that women with disabilities continue to encounter discrimination on several levels, each of which restricts their options and opportunities for equal participation in the economic, social, and political life of society. Negative stereotypes and discrimination against women with disabilities – on the basis of gender and as people with disabilities - compound women with disabilities exclusion from support services, social and economic opportunities and participation in community life.
Yet despite the position of disabled women in Australia, the Australian Government has decided that it will not support a substantive article on women with disability in the Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities.
Women With Disabilities Australia (WWDA) does not support the Australian Government’s position on this issue.
WWDA strongly recommends that the Australian Government heed and represent the views and aspirations of disabled women in Australia by supporting the inclusion of a substantive Article on Women With Disabilities in the Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities.
5. The Need for a Substantive Article on Women With Disabilities
A substantive article on the rights of women with disabilities is a critical element of a Convention on the rights of people with disabilities, in addition to references to gender equity in the General Principles Article and the Preamble.
In relation to women with disabilities, there is clearly a need for a dual strategy approach (also often referred to as a ‘twin track’ approach) to the drafting of the Convention. This means that there is a need for general recognition of the impact of multiple discriminations caused by the intersection of gender and disability, along with specific recognition of the additional disadvantage women with disabilities face.
Including a substantive article on women with disabilities in the convention should not be interpreted as meaning that all other articles in the Convention do somehow ‘not apply’ to women with disability. Rather the inclusion of a specific article on women with disabilities has the potential to hasten much needed reform and change for disabled women by explicitly stating that focused, gender-specific measures WILL be necessary to ensure the equal right of women with disabilities to the enjoyment of all rights set forth in the Convention.
A substantive article on women with disabilities in the Convention has the potential to provide the impetus for States to:
• Focus on the needs and particular concerns of women with disabilities;
• Provide a basis for establishing and re-orienting delivery of services and programs to disabled women;
• Identify policies and strategies which will provide a reference point for policy development and resource allocation;
• Provide clear rationale for the development of specific programs;
• Develop and maintain mechanisms which increase the participation and representation of disabled women in all decision-making;
• Provide a basis for monitoring, evaluating and reporting progress.
Therefore, Women With Disabilities Australia (WWDA) asserts that the Convention should contain a substantive Article on Women With Disabilities, in recognition of the need to acknowledge, emphasise and address the particular disadvantages faced by women with disabilities the world over. Such an article should make explicit the impact of multiple discriminations caused by the intersection of gender and disability, and should explicitly state that focused, gender-specific measures will be necessary to ensure the equal right of women with disabilities to the enjoyment of all rights set forth in the Convention.
For example:
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 enjoy all human rights and fundamental freedoms on the basis of equality with men and boys.
Each State Party undertakes to take all necessary measures to ensure the equal right of women with disabilities to the enjoyment of all rights set forth in this Convention.
6. Convention on the Elimination of All forms of Discrimination Against Women (CEDAW)
As outlined earlier, the Australian Government does not support the need for a substantive Article on women with disabilities in the Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities.
At the Sixth Ad Hoc Committee meeting in August 2005, the Australian Government delegation put forward its position that it did not support the inclusion of a substantive Article on women with disabilities in the Convention. It did however, support recognition of the particular vulnerabilities of women with disabilities in the Preamble. The Australian Government delegation argued:
‘Consideration needs to be given to the focus of the convention. Discrimination against women is specifically addressed in CEDAW and it is not appropriate for this new instrument to duplicate other major human rights treaties, particularly outside the area of disability discrimination. The potential duplication of rights will make monitoring mechanisms difficult. The potential for different interpretations of existing human rights would make the implementation of the range of human rights instruments difficult…...’
(Source: http://www.dinf.ne.jp/doc/english/rights/050802.html)
Women With Disabilities Australia (WWDA) rejects the notion that, in relation to women with disabilities, the Convention on the Rights and Dignity of Persons with Disabilities would somehow duplicate the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW).
It is well recognised the world over, that CEDAW has not, and does not, adequately address the issue of discrimination of disabled women. CEDAW has been criticised by women with disabilities and their advocates for its abject failure to acknowledge and/or respond to the human rights violations of disabled women.
CEDAW is arguably, the most important human rights treaty for women, yet it does not mention disabled women. Recognising that disabled women are not explicitly mentioned in the Convention, the monitoring body of the treaty (the Committee on the Elimination of All forms of Discrimination Against Women) passed a general recommendation on disabled women to ensure that States Parties understand that this instrument also covers the human rights of disabled women. General Recommendation 18 requests States Parties to provide information on disabled women in their periodic reports and on measures taken to deal with their particular situation, including special measures to ensure they have equal access to education and employment, health services, and social security and to ensure that they can participate in all areas of social life and culture.
The Optional Protocol to CEDAW was adopted unanimously by the United Nations General Assembly on 6 October 1999. The Optional Protocol contains two procedures: a communications procedure allowing individuals, or groups of individuals, to submit claims of violations of rights to the Committee on the Elimination of All forms of Discrimination Against Women; and an inquiry procedure, enabling the Committee to initiate inquiries into situations of grave or systemic violations of women’s rights. Individuals may make communications only if the nation concerned is a party to the protocol. As of September 2005, there were 76 signatories to the Optional Protocol
The Australian Government has, to date, refused to sign the Optional Protocol to CEDAW, meaning that women with disabilities in Australia have effectively been locked out of using an enforcement mechanism to investigate violations of their human rights.
It is clear that despite the existence of CEDAW and in fact, other human rights treaties, women with disabilities the world over continue to experience serious violations of their human rights, as well as failures to promote and fulfill their rights.
It is widely acknowledged that the overall attention given to disability in the existing human rights treaties (including CEDAW) is still relatively limited. In reaching an assessment of how the existing treaty bodies have done, Professors Gerard Quinn and Theresia Degener, in their comprehensive study for the Office of the High Commissioner for Human Rights (2003) concluded:
"It must be frankly acknowledged that the treaty monitoring bodies will continue to have many different constituencies to keep in focus and many intractable and general issues to wrestle with. The pressure they are under is bound to increase. In other words, there is probably a limit to the extent to which these bodies can focus on disability - a limit that is explained by other pressing priorities. This is in no sense a criticism of the bodies concerned. It is simply a recognition of the reality that other matters will always compete for their attention."
According to Byrnes (2003), it seems unlikely that the existing human rights treaty bodies would in the future be able to bring the focus and attention to disability issues that they do not now provide in a sustained manner. He states: “the case for a new convention is a compelling one if we want to achieve a satisfactory focus on disability issues at the international level, to influence national policy-making, and to stimulate greater awareness of disability issues in the existing human rights bodies”.
Signatories to CEDAW have shown scant regard for women with disabilities in their Progress Reports on Implementation of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW). Australia is no exception.
An analysis of five States Parties Progress Reports undertaken by Quinn and Degener, found that none of the Reports reached the benchmarks for reporting on women with disabilities set under Recommendation 18 on disabled women and in the reporting guidelines (Quinn, G & Degener, T. 2002).
The Australian Government’s Report ‘Women in Australia’ (the combined Fourth and Fifth Reports on Implementing the United Nations Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) does not provide information on women with disabilities as required under Recommendation 18. The Report therefore gives a false picture of the reality of the position of women with disabilities in Australia. An example can be used to highlight:
The ‘Women in Australia’ Report states that:
‘Women and girls have made steady progress in their participation in education, training and employment, and in decision-making and leadership’
and as an example states that there has been:
‘a general upward trend in the labour force participation rate of all women (15 years and over), which was 67.5 per cent in March 2003.’ (p7).
However, in 2003 the labour force participation rate of women with disabilities was only 46.9%. The unemployment rate of non-disabled women in 2003 was 5.3% (down from 8.0% in 1998), compared to 8.3% for disabled women (virtually the same as in 1998 when the rate was 8.6%) (WWDA 2005). The ‘Women in Australia’ report provides no information at all on the status of women with disabilities in relation to employment, despite their obvious marginalisation and exclusion in the labour market. With one of the lowest rates of labour force success and one of the highest rates of poverty, women with disabilities clearly stand out as a group in need of greater opportunities for employment, yet the ‘Women in Australia’ Report does not even acknowledge the stark disparity between disabled and non-disabled women in relation to employment.
There are a multitude of other examples that can be used to demonstrate the weakness of CEDAW as it relates to women with disabilities in Australia. However, to provide a detailed analysis of CEDAW and women with disabilities, is clearly outside the scope of this Submission. What is important however, is to acknowledge that CEDAW and the way the Australian Government reports on the implementation of CEDAW, has serious shortcomings for women with disabilities.
In meeting the requirements set under Recommendation 18 and in the general Reporting Principles, Progress reports on the implementation of CEDAW should contain information on the situation of women with disabilities under each right, including their current de-facto and de jure situation, measures taken to enhance their status, progress made and difficulties and obstacles encountered.
It is also important to acknowledge that the development of a UN Convention for People with Disabilities does not mean that other existing human rights treaties (including CEDAW) will cease to apply to disabled people. The human rights guarantees in these existing treaties will continue to apply to people with disabilities. It will still be necessary to obtain maximum advantage from the existing human rights instruments. The adoption of a UN Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities. should be seen as a complement to, and not an enemy of, the existing instruments (WWDA 2005; Quinn & Degener 2002).
7. References
Australian Government (2003) ‘Women in Australia’ - Australia’s Combined Fourth and Fifth Reports on Implementing the United Nation’s Convention on the Elimination of All Forms of Discrimination Against Women; Department of Prime Minister & Cabinet; Canberra.
Byrnes, A. (2003) Panel I: Typology of international conventions and options for a convention on the rights of persons with disabilities, June 16; Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities, New York, 16-27 June 2003.
Byrnes, A. (2003) Reflections on the proposed international convention on the human rights of persons with disabilities in the light of existing international human right standards: form, process and substance. Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities; Bangkok, Thailand; 2-4 June 2003
UN ESCAP Workshop on Women and Disability (2003): Promoting Full Participation of Women with Disabilities in the Process of Elaboration on an International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities. 18-22 August 2003, Bangkok, Thailand; 13 October 2003, Bangkok, Thailand
Women With Disabilities Australia (WWDA) (2002) ‘There Is No Justice: Just Us’ – The Status of Women with Disabilities in Australia; By Carolyn Frohmader for Women With Disabilities Australia (WWDA). Canberra.
Women With Disabilities Australia (WWDA) (2005) Submission to the Australian Senate Community Affairs Legislation Committee on the Employment and Workplace Relations Legislation Amendment (Welfare to Work and other Measures) Bill 2005 and the Family and Community Services Legislation Amendment (Welfare to Work) Bill 2005; WWDA; Hobart, Tasmania.
Women With Disabilities Australia (WWDA) (2005) Submission from Women With Disabilities Australia (WWDA) to the HREOC National Inquiry into Employment and Disability; WWDA; Hobart, Tasmania.