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Involvement of Disabled Women: Nothing about us without us

The UN Committee on the Convention of the Rights of Persons with Disabilities (CRPD) published its concluding observations following its first review of the UK government’s compliance with the Convention. We contributed to the report and went to Geneva, as volunteers, to ensure that violations of disabled women’s rights were given attention. The Committee highlighted many areas of concerns which explicitly or indirectly affect disabled women, but we’ve highlighted three key themes below.

 

1) Involvement of Disabled Women: Nothing about us without us

 

We share the Committee’s concern that disabled women and girls’ rights “have not been systematically mainstreamed into both the gender equality and disability agenda” and support its specific recommendation to “adopt inclusive and targeted measures, including disaggregated data” to prevent the multiple and intersectional discrimination we face.

 

Mainstreaming our rights, requires our involvement. We therefore also welcome the Committee’s recommendation to allocate “financial resources to support organisations representing [disabled women]” and develop mechanisms to ensure our involvement in planning and implementing law which affects our lives. For example, we were not consulted on the drafting of the coercive abuse offence in the Serious Crime Act. If we had, we would have been able to show how the ‘best interests’ defence for carers dangerously undermines the rights and safety of disabled women and people with learning disabilities.

 

Strategies need to be measured, financed and monitored. We therefore welcome the Committee’s recommendation for mechanisms to support our involvement in the design of strategies to implement the Convention through “measurable, financed and monitored strategic plans of action”. Measurability requires the collection of disaggregated data and this has been repeatedly called for by UN rapporteurs. Gaps in data mask the multiple discrimination faced by disabled women.

 

2) Multiple and Intersectional Discrimination

 

Disabled women experience sexism and dis/ableism in our everyday lives, along with many other forms of oppression (eg. based on age, sexual orientation, economic status and migrant status). Here’s an example to illustrate. A visually impaired woman cannot access information on an NHS website due to inaccessibility. This is disability discrimination, but is gender-neutral. However, lack of access to family planning services is clearly gender and disability discrimination. If she is actually a teenage girl living in a remote indigenous community, clearly intersections of multiple aspects of her identity operate to exacerbate the disadvantages she faces.

 

This is why the Convention specifically addresses the rights of disabled women in Article 6. It requires the Government to recognize that disabled women and girls face multiple discrimination. It’s therefore crucial that the Government implement the Committee’s recommendation to explicitly incorporate protection from “multiple and intersectional discrimination” in national legislation. Whether it’s routine GP appointments, cervical testing or maternity care, disabled women constantly struggle to access medical services, so we strongly support the Committee’s recommendation to develop “targeted measurable and financed” strategies to eliminate barriers in access to health care and services and to measure their progress.”

 

3) Access to Justice

Our rights are worthless if they are unenforceable or ignored. The barriers with the justice system are procedural, financial and accessibility-related and stop us from bringing claims to enforce our civil rights, count against us in proceedings (eg divorce and family matters) and prevent us from reporting criminal abuse against us.

 

We therefore strongly support the Committee’s recommendations:

  • to develop training for the judiciary and law enforcement personnel. The UN Special Rapporteur on violence against women has already noted concerns about “women being deemed unfit mothers for having ‘failed to protect’ their children from an abusive parent”. Ignorant, counterproductive and damaging comments and actions by judges and police must end.
  • to provide “free or affordable legal aid” for disabled people in all areas of law. The UN Special Rapporteur on violence against women has specifically noted concern about the evidential requirements to apply for legal aid and the consequences for family law problems.

 

The many other areas of concern noted by the Committee can be read here

 

Next Steps

 

We were disappointed by the lack of media attention given to the 17-page catalogue of shame but the disabled community, including the DPOs, continue to valiantly highlight the UN’s findings.

 

Whilst we welcome the Committee’s recommendation for the UK Government to produce annual reports on its progress, we fear it will be another exercise of denial and lack data, evidence or understanding of intersectional discrimination.

 

We, Sisters of Frida, are preparing for CEDAW (Convention on the Elimination of all Forms of Discrimination Against Women) and working with other women’s organisations on this. In the meantime, we are joining the ENIL Freedom March in Brussels and will raise it with our MEPs as to how they will be responding to protecting disabled women on VAWG as the Istanbul Convention is being ratified by the UK government.

 

Vivienne Hayes MBE, CEO of the Women Resource Centre says:

“The last time Sisters of Frida went with the UK CEDAW Working Group to Geneva, we noted in our oral statement that women of all ages and backgrounds in the UK are facing threats to their rights but this does not have to be the case if government policies are created in partnership with women’s NGOs and include a gendered perspective. This will ensure that there is not a long-term legacy of discrimination against women, and will also impact on the future economy.

 

In 2017, Sisters of Frida note that disabled women are acknowledged as still facing the same level of discrimination in the UNCRPD Concluding Observations. We call upon the UK government to honour its commitment to women’s rights and work with us to establish a clear and inclusive mechanism in order to bring women’s voices into the heart of government.”

 

Dr Mary-Ann Stephenson, Co-Director of the Women’s Budget Group said:

 

‘We know that disabled women have been hit particularly badly by austerity policies over the last seven years. Disabled women have lost income through cuts to both specific disability benefits but also to housing benefit, tax credits and benefits for children. Cuts to public services including social care, health, education and transport budgets have all disproportionately affected disabled women.

The Public Sector Equality Duty, contained in the 2010 Equality Act, places a positive obligation on all public authorities to have due regard to the impact of their policies and practices on equality. Despite this the government have failed to publish meaningful assessments of the cumulative impact of austerity on equality.

We call on the government to meet both their obligations under both domestic and international law to ensure that their policies meet the needs of disabled women’

 

Sarah Green, Co-Director, End Violence Against Women Coalition said:

 

“It is known that disabled women are disproportionately subjected to sexual and domestic violence by perpetrators of these crimes, and that disabled women face additional barriers to escaping and staying safe, and even in being believed.

 

“International human rights treaties require our Government to ensure that disabled women’s needs are specifically considered and addressed when implementing policy on policing and preventing violence. Following the UN CRDP inquiry into the UK’s performance in this area, we need to hear assurances from the UK Government that disabled women’s needs are known and are made part of policy and practice in relation to ending and preventing abuse.”

 

Pragna Patel, Director, Southall Black Sisters said:

 

‘Leave no woman behind’ is an important development and human rights goal that is central to achieving gender equality and one to which the UK government claims to be committed. But in the UK this goal remains largely rhetorical as the most vulnerable women – those with disabilities and multiple needs – are rendered marginalised and invisible by increasingly harsh economic and social welfare measures. Disabled women’s needs and rights are being gravely and systematically violated by the UK government. Why else do we see such an appalling lack of access to emergency shelters, secure housing and welfare rights, education, work, health and counselling facilities for disabled women who are also fleeing domestic violence? If the UK wants to be recognised as a leader in disability and human rights, it must develop laws, policies and strategies that enhance the rights of all women. This means understanding and addressing the overlapping and intersecting forms of discrimination such as race, gender and disability that create additional vulnerabilities and barriers for women. Sadly this government is unlikely to turn its rhetoric on achieving a ‘fairer’ society into reality but we are ready to stand with our disabled sisters to shame the government into action.

 

Lee Eggleston on behalf of Rape Crisis England and Wales said:

 

‘Disabled women who have experienced sexual violence make up a quarter of Rape Crisis service users – which is an indication of how disproportionately disabled women are impacted by sexual violence, often by their own carers. The voice and engagement of specialist organisations run by and for disabled women, like Sisters of Frida and Stay Safe East, is essential to the CEDAW process in raising awareness of sexual violence to the Committee.’

 

Zarin Hainsworth OBE, Chair,  National Alliance of Women’s Organisations

 

Disabled women  face multiple disadvantage in being able to participate as fully as they wish in all aspects of their lives – social, as well as political and economic .  The CEDAW Committee made recommendations in their concluding observations to their last report that would improve the capacity of women in the UK to access health care and justice but little has been achieved and austerity policies combined with a lack of specific attention to the issues faced by disabled women, make these more not less distant goals.  Indeed, disabled women – especially those with learning disabilities who are also likely to experience mental ill-health – continue to face the loss of their babies at birth.

We strongly support NAWO members, Sisters of Frida, in their campaign for focused attention by the UK Government on the needs and concerns of disabled women and girls.’

 

 

We would be happy to hear from others, individuals and/or organisations, who would like to join us in our campaign for disabled women’s rights in issues mentioned here. Please comment below or write to hello@sisofrida.org, tweet @sisofrida

 

Note: Stay Safe East is a unique user-led organisation run by disabled people, providing specialist and holistic advocacy and support services to disabled people from diverse communities in East London (currently Waltham Forest and Newham) who are victims/survivors of domestic or sexual violence, hate crime, harassment and other forms of abuse.

 

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