Violence against People with
Disabilities
Inter State Leadership Workshop for PWDs
26th - 28th March 2010
S.D.C. Purulia Road, Ranchi
Nalini N Paul
Programme Manager – Disability VSO India
Nalini.paul@vsoint.org
How do we define violence?
"the intentional use of physical force or
power, threatened or actual, against
oneself, another person, or against a group
or community, that either results in or
has a high likelihood of resulting in
injury, death, psychological harm,
maldevelopment, or deprivation."
How do we define violence?
Self-directed violence refers to violence in which the
perpetrator and the victim are the same individual and is
subdivided into self-abuse and suicide.
Interpersonal violence refers to violence between
individuals, and is subdivided into family and spouse/intimate
partner and community violence. The former category includes
child maltreatment; intimate partner violence; and elder abuse,
while the latter is broken down into acquaintance and stranger
violence and includes youth violence; assault by strangers;
violence related to property crimes; and violence in workplaces
and other institutions.
Collective violence refers to violence committed by larger
groups of individuals and can be subdivided into social, political
and economic violence.
Topology of Violence
Violence and PWDs
The risk of abuse for people with disabilities is at least twice as
high and may be five or more times higher than for the general
population.
Children with any kind of disability are more than twice as likely as
children without disabilities to be physically abused, and almost
twice as likely to be sexually abused.
Violence and PWDs
People with developmental disabilities have a 4 to 10 times
higher risk of becoming crime victims compared to those
without disabilities.
Persons with developmental disabilities have a high risk of being
sexually abused. One researcher estimates that 90% of people
with developmental disabilities will be sexually victimized in their
lifetime, yet only 3% of the assaults will ever be reported.
(Sobsey & Doe, 1991; Tyiska, 1998).
Kinds of violence
A.
Coercion & Threat:
Threatening to hurt the person, withhold basic support and rights, terminate
relationship and leave the person unattended, • Using consequences and
punishments to gain compliant behavior. • Pressuring the person to engage
in fraud or other crimes.
B.
Intimidation:
Raising a hand or using other looks, actions, gestures to create fear. •
Destroying property. • Displaying weapons.
C.
Caregiver Privilege:
Treating person as a child, servant. • Making unilateral decisions. • Defining
narrow, limiting roles and responsibilities. • Providing care in a way to
accentuate the person’s dependence and vulnerability. • Giving an opinion
as if it were the person’s opinion. • Denying the right to privacy.
• Ignoring, discouraging, or prohibiting the exercise of full capabilities.
Kinds of violence
D.
Isolation:
Controlling access to friends, family and neighbors. • Controlling
access to phone, TV, news. • Limiting employment possibilities
because of caregiver schedule. • Discouraging contact with social
worker or advocate.
E. Minimize, Justify, & Blame:
Denying or making light of abuse. • Denying physical and emotional
pain of people with disabilities. • Justifying rules that limit
autonomy, dignity, and relationships for program’s operational
efficiency. • Excusing abuse as behavior management or caregiver
stress. • Blaming the disability for abuse.
Kinds of violence
F.
Withhold, Misuse, or Delay Needed Supports:
Using medication to sedate the person for convenience. • Ignoring
equipment safety requirements. • Breaking or not fixing adaptive equipment.
• Withdrawing care or equipment to immobilize the person. • Using
equipment to torture people.
G. Economic Abuse:
Using person’s property and money for benefit. • Stealing. • Using property
or money as a reward or punishment. • Making financial decisions based on
agency or family needs. • Limiting access to financial information and
resources resulting in unnecessary impoverishment.
H. Emotional Abuse:
Punishing or ridiculing. • Refusing to speak and ignoring requests. •
Ridiculing the person’s culture, traditions, religion and personal tastes.
Adapted and reprinted with permission from Wisconsin Coalition Against Domestic Violence Newsletter (Winter 1996/97), 15(4). Published from Madison,
Wisconsin. 608/255-0539.
How do we address the issue
Individual and group counseling for persons who have experienced sexual
abuse/assault, domestic violence
Provide awareness/ education to reduce the risk of future abuse
Offer information to explore safe options and access necessary community
resources.
Physically and programmatically accessible services
Community trainings for disability service providers to promote awareness
about issues relating to violence and abuse perpetrated against people with
disabilities
Build community level PWD leaders
Provisions under the law
THE PWD ACT 1996
•
The Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act 1995 came into force on February 7, 1996.
•
This Act promotes, equal opportunities for persons with disabilities, protects
their rights and grants them full participation so they are integrated into
society and their rights are realised.
•
Denying PWDs access to their rights such as – right to education, access,
medical, aids and appliance etc. amounts to violence. Hence, people with
disabilities have right to re-course.
Provisions under the law
THE UNCRPD
•
The purpose of the UNCRPD is –
• 1.
To promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental
freedoms by all persons with disabilities, and
• 2. To promote respect for their inherent dignity.
(Article 1)
Provisions under the law
THE UNCRPD & VIOLENCE
Article 13
Access to justice
•
States Parties shall ensure effective access to justice for persons with
disabilities on an equal basis with others, including through the provision of
procedural and age-appropriate accommodations, in order to facilitate their
effective role as direct and indirect participants, including as witnesses, in
all legal proceedings, including at investigative and other preliminary
stages.
2.
In order to help to ensure effective access to justice for persons with
disabilities, States Parties shall promote appropriate training for those
working in the field of administration of justice, including police and prison
staff.
Provisions under the law
THE UNCRPD & VIOLENCE
Article 15
Freedom from torture or cruel, inhuman or degrading
treatment or punishment
1.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his or
her free consent to medical or scientific experimentation.
2. States Parties shall take all effective legislative, administrative, judicial or other
measures to prevent persons with disabilities, on an equal basis with others,
from being subjected to torture or cruel, inhuman or degrading treatment or
punishment.
Provisions under the law
THE UNCRPD & VIOLENCE
Article 16
Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative, social,
educational and other measures to protect persons with disabilities, both
within and outside the home, from all forms of exploitation, violence and
abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of
exploitation, violence and abuse by ensuring, inter alia, appropriate forms
of gender- and age-sensitive assistance and support for persons with
disabilities and their families and caregivers, including through the
provision of information and education on how to avoid, recognize and
report instances of exploitation, violence and abuse. States Parties shall
ensure that protection services are age-, gender- and disability-sensitive.
Provisions under the law
THE UNCRPD & VIOLENCE
3.
In order to prevent the occurrence of all forms of exploitation, violence
and abuse, States Parties shall ensure that all facilities and programmes
designed to serve persons with disabilities are effectively monitored by
independent authorities.
4.
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.
5.
States Parties shall put in place effective legislation and policies, including
women- and child-focused legislation and policies, to ensure that
instances of exploitation, violence and abuse against persons with
disabilities are identified, investigated and, where appropriate,
prosecuted.
Strategies
Sno.
Broad Framework
1.
Individual and group
counseling for persons who
have experienced sexual
abuse/assault, domestic
violence
2.
Provide awareness/ education
to reduce the risk of future
abuse
3.
Offer information to explore
safe options and access
necessary community
resources
4.
Physically and
programmatically accessible
services
5.
Community trainings for
disability service providers to
promote awareness about
issues relating to violence and
abuse perpetrated against
people with disabilities
6.
Build community level PWD
leaders
Action
Points
Support
Needed
Timelines
Person
Responsible
Thank you!