Assessing the situation of women
with disabilities in Australia:
A human rights approach
A Policy Paper by Women With
Disabilities Australia (WWDA)
June 2011
/ publishing informationAssessing the situation of women with disabilities in Australia – a human rights approach
By Carolyn Frohmader for Women With Disabilities Australia (WWDA)
© Women With Disabilities Australia (WWDA) July 2011
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced without written permission from Women With Disabilities Australia (WWDA). All possible care has been taken in the preparation of the information contained in this document. WWDA disclaims any liability for the accuracy and sufficiency of the information and under no circumstances shall be liable in negligence or otherwise in or arising out of the preparation or supply of any of the information aforesaid.
Women With Disabilities Australia (WWDA)
Women With Disabilities Australia (WWDA) is the peak organisation for women with all types of disabilities in Australia. WWDA is run by women with disabilities, for women with disabilities. It is the only organisation of its kind in Australia and one of only a very small number internationally. It represents more than 2 million disabled women in Australia and operates as a national disability organisation; a national women's organisation; and a national human rights organisation. WWDA is inclusive and does not discriminate against any disability. The aim of WWDA is to be a national voice for the needs and rights of women with disabilities and a national force to improve the lives and life chances of women with disabilities. WWDA is committed to promoting and advancing the human rights and fundamental freedoms of women with disabilities.
Our work is grounded in a rights based framework which links gender and disability issues to a full range of civil, political, economic, social and cultural rights. This rights based approach recognises that equal treatment, equal opportunity, and non-discrimination provide for inclusive opportunities for women and girls with disabilities in society. It also seeks to create greater awareness among governments and other relevant institutions of their obligations to fulfil, respect, protect and promote human rights and to support and empower women with disabilities, both individually and collectively, to claim their rights.
Winner, National Human Rights Award 2001
Winner, National Violence Prevention Award 1999
Winner, Tasmanian Women's Safety Award 2008
Certificate of Merit, Australian Crime & Violence Prevention Awards 2008
Nominee, French Republic's Human Rights Prize 2003
Nominee, UN Millennium Peace Prize for Women 2000
Women With Disabilities Australia (WWDA)
PO Box 605, Rosny Park 7018 TASMANIA, AUSTRALIA
Ph: +61 3 62448288 Fax: +61 3 62448255
ABN: 23 627 650 121
Email:
Web: www.wwda.org.au
/ contentsList of acronyms 4
Introduction 6
Section One: The Context 8
Gender & disability 9
The Human Rights Imperative 12
Section Two: The key data and research required 15
Freedom from torture or cruel, inhuman or degrading treatment [Forced Sterilisation] 17
Freedom from torture or cruel, inhuman or degrading treatment [Abuse in Institutions] 19
Freedom from exploitation, violence and abuse 21
The right to found a family and to reproductive freedom [Parenting - General] 23
The right to found a family and to reproductive freedom [Parenting - Child Removal by Authorities] 25
Data & Statistics [General Profile] 27
The right to work 29
The right to an adequate standard of living 31
The right to participate in political and public life [Leadership & Decision-Making] 33
The right to health 35
The right to education 37
The right to access to justice & the right to equal recognition before the law 39
Intersectionality 41
Conclusion 42
Appendix 1: International Obligations in Detail 43
Freedom from torture or cruel, inhuman or degrading treatment [Forced Sterilisation] 44
Freedom from torture or cruel, inhuman or degrading treatment [Abuse in Institutions] 64
Freedom from exploitation, violence and abuse 80
The right to found a family and to reproductive freedom [Parenting - General] 97
The right to found a family and to reproductive freedom [Parenting - Child Removal by Authorities] 111
Data & Statistics [General Profile] 125
The right to work 137
The right to an adequate standard of living 153
The right to participate in political and public life [Leadership & Decision-Making] 167
The right to health 175
The right to education 191
The right to access to justice & the right to equal recognition before the law 204
Appendix 2: Glossary 215
Appendix 3: References 219
/ list of acronymsACIM Australian Cancer Incidence and Mortality
AHRC Australian Human Rights Commission
AIHW Australian Institute of Health & Welfare
ALP Australian Labor Party
ASX Australian Stock Exchange
BMF Biwako Millennium Framework
BPFA Beijing Declaration and Platform for Action
CALD Culturally and Linguistically Diverse
CAT Convention Against Torture
CCPR International Covenant on Civil and Political Rights
CEDAW Convention on the Elimination of Discrimination against Women
CESCR International Covenant on Economic, Social and Cultural Rights
COAG Council of Australian Governments
CRC Convention on the Rights of the Child
CRPD Convention on the Rights of Persons with Disabilities
CSW Commission on the Status of Women
DDA Disability Discrimination Act
DDLCS Disability Discrimination Legal Centres
DPI Disabled Peoples´ International
GLBTI Gay, Lesbian, Bisexual, Transgender, Intersex
FaHCSIA Department of Families, Housing, Community Services and Indigenous Affairs
HREOC Human Rights and Equal Opportunity Commission
ILO International Labour Organization
MBS Medicare Benefits Schedule
NDS National Disability Strategy
NFP Not for Profit
NGO Non Government Organisation
NHS National Health Survey
NWHP National Women’s Health Policy
UDHR Universal Declaration of Human Rights
UN United Nations
UNDP United Nations Development Programme
UPR Universal Periodic Review
VET Vocational Education and Training
WHO World Health Organization
WWDA Women With Disabilities Australia Inc
‘The Committee urges the State party, in the light of its recent ratification of the Convention on the Rights of Persons with Disabilities, to undertake a comprehensive assessment of the situation of women with disabilities in Australia.’
CEDAW Concluding Observations, 2010 [1]
‘It is the Government’s priority to have an enabling and inclusive Australia that will treat people equally and provide opportunities to fulfil their potential.’
Commonwealth of Australia, 2009[2]
States 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.
Article 6, Convention on the Rights of Persons with Disabilities (CRPD)
Ratified by the Australian Government, July 2008
‘Australia has signed up to the seven core United Nations treaties that protect human rights. The Government believes that Australia can and should live up to its obligations under those treaties.’
Hon Robert McClelland MP, Attorney-General, 2010 [3]
‘If those who sign agreements such as the Convention on the Elimination of Discrimination against Women, or who endorse the Beijing Platform for Action, do not translate commitments into actions, and are not held to account for these actions, these texts lose credibility. Accountability is essential if the world is to realise women’s rights and gender equality.’
Ban Ki-Moon, Secretary-General of the United Nations, 2008 [4]
Labor will adhere to Australia's international human rights obligations and will seek to have them incorporated into the domestic law of Australia, and have them taken into account in administrative decision-making and whenever new laws and policies are developed. Labor will act to eliminate all forms of discrimination, vilification or harassment…………..
(ALP Platform Ch.7, paras.133, 134)[5]
/ introductionAustralia is a country that prides itself on ideals which include a fair go for everyone, freedom and dignity of the individual, equality of men and women, equality of opportunity, freedom from discrimination, and the right of its citizens to participate fully in the economic, political and social life of the nation.[6] However, these entitlements remain a distant goal for women with disabilities. In Australia today, women with disabilities are not given a ‘fair go’, they are denied the most fundamental rights and freedoms, they are not treated with dignity and respect, they are profoundly more disadvantaged than their male counterparts, they are systematically denied opportunity in every aspect of society, they experience multiple forms of discrimination, and widespread, serious violation of their human rights. They remain ignored in national policies and laws, and their issues and needs are often overlooked within broader government programs and services. Negative stereotypes from both a gender and disability perspective further compound the exclusion of women with disabilities from support services, social and economic opportunities and participation in civic and community life. The deep-rooted exclusion experienced by women with disabilities in Australia continues unabated due in part to the dearth of information available on its extent or impact, and the apathy of successive Governments in acknowledging the need for such information.
As a member State of the United Nations, and as a party to a number of human rights conventions and instruments which create obligations in relation to gender equality and to disability rights, Australia has committed to take all appropriate measures, including focused, gender-specific measures to ensure that disabled women and girls experience full and effective enjoyment of their human rights.[7] However, in order for Australia to give effect to these commitments, it is critical to determine not only where it stands at present, but what needs to be done to address the barriers faced by women with disabilities in exercising their rights.
Over the last decade, WWDA, the national NGO representing disabled women, has found that one of the greatest difficulties in determining and substantiating the needs and human rights violations of women with disabilities in Australia is the acute lack of available gender and disability specific data, research and information - at all levels of Government and for any issue. This aspect of neglect of disabled women in Australia has been specifically identified by the United Nations as an area warranting immediate and urgent attention by the Australian Government.[8]
Data, research and information about women with disabilities is necessary to develop and inform policy, direct resources, inform service development, and design and monitor specific programs. It also enables the monitoring of equality of opportunity and progress towards the achievement of economic, social, political and cultural rights for women with disabilities. It is critical as a tool for accountability and for enhancing the participation of women with disabilities. Good quality data and research are especially necessary for a sound evidence base to improve the effectiveness of mainstream systems for women with disabilities.[9]
Using a human rights framework, this paper seeks to document the range of data, research and information needed in order to give a comprehensive assessment of the situation of women with disabilities in Australia. The paper provides the context for this work by giving an overview of the intersection of gender and disability, as well as a brief background to the human rights imperative. Using key articles from the Convention on the Rights of Persons with Disabilities (CRPD), the paper then prescribes the key quantitative and qualitative data and research required under each article, and links this to Australia’s international human rights obligations and domestic policy context.
Recognition of the personhood and human rights of women and girls with disabilities is long overdue. Lack of recognition of their needs and experiences constitutes a serious form of disrespect which compounds lack of self-esteem and self-worth, and contributes to the ongoing neglect and pervasive denial of their rights and fundamental freedoms.
In keeping with the Australian Government’s human rights obligations and its most recent pledge to ‘enhance the protection and promotion of human rights in Australia’,[10] WWDA urges the Australian Government to act immediately to commission and adequately resource a comprehensive assessment and analysis of the situation of women and girls with disabilities in Australia.
/ Section one: the contextGender & disability
The Human Rights Imperative
/ gender & disabilityGender is one of the most important categories of social organisation,[11] yet people with disabilities are often treated as asexual, genderless human beings. This view is borne out in Australian disability policies, which have consistently failed to apply a gender lens. Most have proceeded as though there are a common set of issues - and that men and women experience disability in the same way.[12]
However women with disabilities and men with disabilities have different life experiences due to biological, psychological, economic, social, political and cultural attributes associated with being female and male. Patterns of disadvantage are often associated with the differences in the social position of women and men. These gendered differences are reflected in the life experiences of women with disabilities and men with disabilities. Women with disabilities face multiple discriminations and are often more disadvantaged than men with disabilities in similar circumstances. Women with disabilities are often denied equal enjoyment of their human rights, in particular by virtue of the lesser status ascribed to them by tradition and custom, or as a result of overt or covert discrimination.[13] Women with disabilities face particular disadvantages in the areas of education, work and employment, family and reproductive rights, health, violence and abuse. For example:
· women with disabilities experience violence, particularly family violence and violence in institutions, more often than disabled men;[14] [15]
· gender-based violence, including domestic/family violence, sexual assault/rape is a cause of disability in women;[16] [17]