Disability & Children: New Challenges to Human Rights & Digital Policy
Accessibility and women with disabilities 2013
1. Accessibility and
Women with Disabilities
Anjlee Agarwal
Executive Director & Access Consultant
Member, Women with Disability India Network
www.samarthyam.org
2. 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.
3. Background
In 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.
4. Background
The 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.
5. Intersecting CEDAW and CRPD
Compare 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
6. UNCRPD CEDAW
Article 9: Accessibility
The countries will eliminate No mention
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.
7. Article 9
Accessibility
Infra Information All private entities
Structure & technology & urban / that offer facilities
public and services to the
communication rural public must be
buildings areas accessible
Indoor, transport, Access to
outdoor facilities services /
facilities,
emergency
services
Universal
Design
8. UNCRPD CEDAW
Article 6: Article 3:
WOMEN WITH DISABILITIES
Equality
States Parties
recognize that women and girls with Women are
disabilities are subject to multiple fundamentally equal with
discrimination, and in this regard men in all spheres of life.
shall take measures to ensure the
full and equal enjoyment by them of Countries must take
all human rights and fundamental measures to uphold
freedoms.
women's equality in the
shall take all appropriate measures
to ensure the full development, political, social, economic,
advancement and empowerment of and cultural fields.
women, for the purpose of
guaranteeing them the exercise and
enjoyment of the human rights and
fundamental freedoms set out in the
present Convention.
9. Some facts
Women 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.
10. 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 Safety
Towards a Gender Inclusive City 2009-10
11. 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
12. New Delhi
Out of 3192 urinals in Delhi, only 132 are for
women
Shahana Sheikh, Public Toilets in Delhi,
2008, Centre for Civil Society
In 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
13. UNCRPD CEDAW
Art 16: Freedom from Articles 2, 5, 11, 12 and 16:
exploitation, violence and abuse
States Parties shall take all • Violence against women of
appropriate measures to promote the Convention require the
the physical, cognitive and States parties to act to
psychological recovery, rehabilitation protect women against
and social reintegration of persons violence of any kind occurring
with disabilities who become victims within the family, at the work
of any form of exploitation, violence place or in any other area of
or abuse, including through the
social life
provision of protection services.
Such recovery and reintegration General Recommendation No.
shall take place in an environment 12 (eighth session, 1989)
that fosters the health, welfare,
self-respect, dignity and autonomy of
the person and takes into account
gender- and age-specific needs.
14. Need for accessible services and
facilities
Women 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?
15. Inaccessible Environment-
lead to abuse and harassment
Women 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.
16. Abuse due to unfriendly assistive
device and environment
Badly design assistive devices lead to discrimination and abuse:
Court case: Anjlee Agarwal Vs Air India
17. Access to Information
Women 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
18. UNCRPD CEDAW
Article 20
Personal Mobility
The countries will make sure that people No mention
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
19. One size fits all?
• 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!
Anthropometric study on Mobility Aid Users: Indian Context, Samarthyam
& DFID, 2012
20. UNCRPD CEDAW
Article 28
Adequate standard of
living and social Social Security
protection under Economic
States Parties recognize the Rights
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
21. UNCRPD CEDAW
Article 30 Participation in
Cultural Life,
Recreation, Leisure and No mention
Sport
The countries recognise
the right of people with
disabilities to take part in
cultural life.
22. Accessibility is a cross cutting issue
Full participation
Independence Equality
Opening doors- Equal opportunities
choices Self respect Access to information,
services, facilities
Safety Dignity
Social Security Empowerment
23. Recommendations
CEDAW- 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
