Accessibility and Women with Disabilities

Anjlee AgarwalExecutive Director & Access Consultant

www.samarthyam.org

Member, Women with Disability India Network

Background

It has been recognized that women with disabilities may be particularly at risk due to stigmas associated with both disability and gender, and are more likely to suffer from discrimination than women or men without disabilities.

BackgroundIn India, women with disabilities are

confronted with numerous challenges. In the absence of well coordinated

government policies aimed at integrating disabled persons in mainstream activities, women with disabilities live under extremely difficult conditions, facing discrimination and barriers throughout their life.

Discrimination deprives women with disabilities of fundamental rights and equality of opportunity.

BackgroundThe adoption of the UNCRPD has been a path

breaking initiative through which we can create an environment of equality and justice.

Though the CRPD has a twin track approach where women’s issues are specifically defined, many women activists have felt the need to strengthen the Convention provisions.

One method is working through other Conventions such as CEDAW and CRC.

As the CEDAW State review is coming up, it was felt that women with disabilities should make their voices heard and their presence felt in this process.

Intersecting CEDAW and CRPDCompare the provisions of

CEDAW and CRPD and To intersect the above said

provisions in UNCRPD and CEDAW with an objective to incorporate constructive recommendations in the shadow report of CEDAW

UNCRPD CEDAWArticle 9:

AccessibilityThe countries will

eliminate barriers that people with disabilities face in buildings, the outdoors, transport, information, communication and services, in both cities and the countryside.

This way people with disabilities can live independently and fully live their lives.  

No mention

InfraStructure &

public buildings

Information technology & communication

urban / rural areas

Indoor, transport, outdoor facilities

Access to services / facilities,

emergency services

All private entities that offer facilities

and services to the public must be

accessible

Article 9 Accessibility

Universal Design

UNCRPD CEDAWArticle 6: WOMEN WITH DISABILITIESStates Parties recognize that women and

girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.

shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

 

Article 3: Equality Women are

fundamentally equal with men in all spheres of life. 

Countries must take measures to uphold women's equality in the political, social, economic, and cultural fields.

Some factsWomen with disabilities cannot access

education, health, employment / livelihood opportunities, socialization, tourism, etc. in absence of accessible and safe infrastructure- built, transit and external environment.

Lack of accessible public amenities and poor maintenance of public spaces pose another threat to women with disabilities.

Inaccessible Infrastructure In most cities, the pavements are unusable

for a variety of reasons – from being dug up and

encroached upon to being poorly maintained.

In addition, the pavements are often used as men’s urinals, which makes access to these sidewalks extremely uncomfortable for women.

The lack of good lighting in many areas is a further hindrance to their mobility and safety.

Jagori, Understanding Women’s SafetyTowards a Gender Inclusive City 2009-10

Accessible public toilets The lack of safe and clean public toilets poses a

serious safety and public health hazard. In addition, toilets in all the cities are poorly designed. For example, the entrance to the women’s toilet is often at the same place as the entrance to the men’s toilet and this adds to its inaccessibility for women.

In slums and rural areas, the problem is even more severe as there are no private toilets.

The lack of or the very poor state of the public toilets leaves them no option but to use open fields, exposing them to the danger of sexual assault.

Research Study, Accessibility Audit and Inclusion, Samarthyam, 2010

New DelhiOut of 3192 urinals in Delhi, only 132 are for

womenShahana Sheikh, Public Toilets in Delhi,

2008, Centre for Civil SocietyIn the colleges/university campus, women

students with disabilities are not able to equally access libraries or laboratories, even toilets due to the fear of sexual harassment or assault.

‘Bus stops are not safe; the bus nearly touches the footpath and goes and because of this I got hurt. The bus driver did not even have the decency to stop.’

Women with visual impairment, DU, FGD Jagori, 2009-10

UNCRPD CEDAWArt 16: Freedom from

exploitation, violence and abuse

States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.

Articles 2, 5, 11, 12 and 16:

• Violence against women of the Convention require the States parties to act to protect women against violence of any kind occurring within the family, at the work place or in any other area of social life

General Recommendation No. 12 (eighth session, 1989)

Need for accessible services and facilitiesWomen with Disability experience

more abuse than non-disabled women.

Non-disabled abusers may use a woman’s impairment as part of the abuse, increasing both the abuser’s power and control and the woman’s vulnerability and isolation.

Are the places where a woman with disability can go/live accessible?

Inaccessible Environment- lead to abuse and harassmentWomen with disabilities find it

hard to trust people in public and are often wary when strangers offer help.

There are instances when they get into ‘uncomfortable situations’ where strangers, on the pretext of helping them, try to touch them in offensive ways.

Abuse due to unfriendly assistive device and environment

Badly design assistive devices lead to discrimination and abuse: Court case: Anjlee Agarwal Vs Air India

Access to InformationWomen with Disabilities face higher risk of

HIV/AIDs because of lack of education

The implications of this in terms of HIV is that women with disabilities - particularly those with speech, hearing and intellectual impairments - are more vulnerable to sexual exploitation and abuse than men with disabilities or non-disabled women

The Exclusion Of People With Disabilities From HIV Programmes In India, PMO DFID, 2007

UNCRPD CEDAWArticle 20Personal MobilityThe countries will make sure that

people with disabilities can move around with the greatest possible independence, including:

a. Assisting people to move around in the way they choose and at a cost that they can afford;b. Assisting people with disabilities to access mobility aids and technology, including making sure they do not cost a lot;

c. Providing training in mobility skills for people with disabilities and staff working with them;d. Encouraging those that produce mobility aids and technology to take into account all aspects of movement

 

No mention

One size fits all?

Anthropometric study on Mobility Aid Users: Indian Context, Samarthyam & DFID, 2012

• ADIP scheme by MSJE do not have dimension, standards and customized options for the women with disabilities.

• There are only two types- children and adult

• Why women with disability should use an assistive device made for MALES!

UNCRPD CEDAWArticle 28Adequate standard

of living and social protection

 States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right

 

Social Security under Economic Rights

UNCRPD CEDAWArticle 30

Participation in Cultural Life, Recreation, Leisure and Sport

The countries recognise the right of people with disabilities to take part in cultural life.

 

No mention

Accessibility is a cross cutting issue

IndependenceOpening doors-choices

Safety

Social Security

Equality

Self respect

Dignity

Empowerment

Full participationEqual opportunitiesAccess to information, services, facilities

RecommendationsCEDAW- Amend and Add from CRPD:

Article 9- Accessibility Article 20- Personal Mobility Article 28- Adequate standard of living and social protection

Article 30 - Participation in Cultural Life, Recreation, Leisure and Sports

A women friendly world is a world Friendly for ALL

References:Shanta Memorial Rehabilitation CentreWomen with Disability India NetworkDraft Report for Justice Verma Commission, 2013