A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment A study commissioned by the Australian Agency for International Development, as part of the World Bank 2012 Philippines’ Country Gender Assessment Final Report Jerome Zayas Jocelyn Rosemarie Cris Garcia Maria Criselda Bisda May 22, 2013 1. Background of the Study 1.1. Introduction Results of the 2010 Census of Population and Housing show a disability prevalence rate of 1.57% or for a total of 1,443,000 persons with disability (PWD).12 Of the total PWD in 2010, males accounted for 50.9 percent while females comprised 49.1 percent.3 With this distribution, there are about 708,513 women with disability in the Philippines in 2010. But typically, there is under-reporting on disability prevalence especially from censuses in developing countries, which yields on the average 1%-3% prevalence rates.4 Censuses are only able to pick up those with the most severe disabilities.5 Other factors attributed to low reporting in censuses are stigmatization of disability, varied understanding of disability conditions, cultural standards of what is considered as “normal” functioning, and the inherent difficulties when asking about diagnosable conditions to those who may not know what their diagnosis are.6 Studies show that women with disability are at increased risk for emotional, physical, and sexual abuse, which is compounded by the social context of disability, including pervasive discrimination and stereotyping by society.7 Women with disability become more disadvantaged because of the combined discrimination based on disability and gender. Women with disability for that matter experience double discrimination or double denial of their rights.8 There are various reasons for discrimination, ranging from laws on women (i.e. against rape, violence, sexual abuse, trafficking, and others) that do not equally benefit women with disability, to lack of information and services for women with disability, and to a generally low awareness on issues affecting women with disability and their rights, including among women with disability themselves.9 1 2010 Census of Population and Housing, Reference Number 2013-05, Date Released, January 10, 2013. National Statistics Office. 2 In the NSO report, disability refers to any restriction or lack of ability (resulting from an impairment) to perform an activity in the manner or within the range considered normal for a human being. Impairments associated with disabilities may be physical, mental, or sensory motor impairment such as partial or total blindness, low vision, partial or total deafness, oral defect, having only one hand/no hands, one leg/no legs, mild or severe cerebral palsy, retarded, mentally ill, mental retardation and multiple impairment. 3 Ibid. 4 Mont (2007). Measuring Disability Prevalence. Disability and Development Team. The World Bank. 5 Ibid. 6 Ibid. 7 Curry, Mary Ann, Dena Hassouneh-Phillips, and Anne Johnston-Silverberg. “Abuse of Women with Disabilities: An Ecological Model and Review.” Violence Against Women (SAGE Journals Online) 7.1 (2001): 60-79 8 Quoted from Ms. Carmen Zubiaga during the International Day of Disability Celebration in November 2011 (see Annex A, item 6 of the documentation report) 9 See Annex B, Joint submission on the Philippines by the Philippine Coalition on the CRPD & IDA Human Rights Committee, 106th session (15 October - 2 November 2012) and highlights of Interviews with Ms. Joy Garcia, President, Women with Disabilities Leap Social and Economic Progress, and Ms. Carmen Zubiaga, Executive Director of the National Council on Disability Affairs (NCDA), conducted on April 1, 2013. This study provides a brief overview of the evidence base with respect to the conditions faced by women and girls with disability in the Philippines by surfacing information and issues in terms of endowment, agency, and economic opportunity.10 It contains summaries of recent documentation of experiences by women and girls with disability and a synthesis of reports by relevant government agencies pertaining to women and girls with disability. It also contains a set of initial policy and action recommendations to close the gaps in endowment, agency, and economic opportunity. 1.2. Objectives of the Study The objectives of the quick study and rapid assessment are as follows: 1. Surfacing issues affecting women and girls with disability in the context of current policies and laws on PWDs and gender equality and women empowerment- specifically highlighting: How national gender laws and policies affect progress and the lack of progress in closing gender gaps in terms of endowment, agency, and access to economic opportunity for women and girls with disability? 2. Surfacing issues affecting government agencies and civil society organisations (CSOs) and non-government organisations (NGOs) working with PWDs in implementing programmes and projects for women and girls with disability in the context of gender equality and women empowerment- specifically highlighting: How government agencies and gender machineries (gender focal points) as well as CSOs and NGOs contribute to progress or impede progress in closing gender gaps in terms of endowment, agency, and access to economic opportunity for women and girls with disability? 3. Surface information on how informal structures such as traditions, cultural practices and beliefs are affected by the policies and laws as well as by the gender actions implemented by government and non-government organizations- specifically: 10 Definitions of endowment, agency, and economic opportunity were lifted from the Concept Note and Terms of Reference for the Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls with Disability in the Context of Gender Equality and Empowerment. Endowments are defined here as human capital and other productive assets that allow individuals to live healthy and productive lives. To analyse gender equality in endowments, the discussion focuses on education and health as well as other productive assets, such as land. Agency is defined the ability of women and men to express themselves (exercise voice) in accordance with their preferences and to take actions on their own behalf (to influence their surroundings). Since people exercise agency in all aspects of life, the report focuses on multiple dimensions: agency within a household and in several aspects of the public domain, including civil society, the private sector, and politics. The report also focuses on safety and security as a dimension of agency, defining violence against women as the extreme deprivation of agency. Economic opportunity pertains to an individual’s ability to fully and freely participate in and receive returns from their work in the economy. The report focuses on a range of economic indicators, including labour force participation, earnings, and employment segmentation, whether in the labour market or in own-run enterprises. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 3 How traditional norms and beliefs associated with women and girls with disability are affected by the changes brought about by policies and gender actions? 1.3. Scope and Limitations of the Study This thematic paper contains summaries of evidences on the situation of women and girls with disability and persons with disability (PWD).11 It also includes a preliminary analysis and recommendations on: Policies and laws for women and girls with disabilities and PWD – stated on the basis of how the policies should be enhanced to contribute in closing gender gaps in endowment, agency and economic opportunity; Enhancing the implementation of programmes and projects for women and girls with disability on the basis of how current gender equality and women empowerment (GEWE) programmes and projects can be further maximized in closing gender gaps in endowment, agency and economic opportunity; Actions to take in responding to traditional norms and beliefs associated with women and girls with disability, how these informal structures can be changed or enhanced to contribute in closing gender gaps in endowment, agency and economic opportunity; Evidences to support the analysis and recommendations. This final report incorporates the results of the focus group discussion (FGD) of relevant stakeholders held on May 20, 2013 at the National Council on Disability Affairs (see Annex D for minutes of FGD). This paper is also limited by the availability of reports and other documentation that were made available for the duration of this study.12 11 Evidences are limited to the results of relevant workshops, consultations, interviews, and recent documentation that were considered in this study to establish the conditions of women with disability in the Philippines. See Annexes section for reference of the evidences cited in this paper. 12 Duration for the development of the draft report is from March 15, 2013 to April 1, 2013. The report was finalized after presenting and validating the initial findings and recommendations to the stakeholders during the May 20, 2013 FGD at the NCDA. 2. Methodology 2.1. Analytical Framework and Approach The study utilised the Country Gender Assessment Framework, found in figure 1, with a particular focus on surfacing issues and information on women and girls with disability. Women and Girls with Disability Figure 1. Analytical Approach for the Quick Study (Adapted from the Country Gender Assessment Framework, World Bank, 2012) Use of this framework is in line with the aims of the Country Gender Assessment for the Philippines to clarify empirically the relationship between gender equality and development and outlines an agenda for public action to further promote gender equality.13 The existing situation and gaps with respect to policies are covered mainly in the reviews of the Magna Carta of Persons with Disabilities (Republic Act 7277 as further amended by Republic Act 9442) and the Magna Carta of Women (Republic Act 9710). Other policies taken into account were those found in the study Realization of Reproductive Rights and Protection from Violence for Women and Girls with Disabilities where a comprehensive set of gender and disability laws were reviewed using both the gender and disability lens 14 Other relevant literature that were reviewed were reports by national government agencies and a select number of non-government organizations to provide an indication of programs and projects and understand how policies get implemented including the barriers to and gaps in implementation. The reviews of policies, programmes, and projects are then brought together 13 14 Taken from the Concept Note/Terms of Reference for the Quick Study and Rapid Assessment Study was completed in February 2012 and was supported by the United Nations Population Fund A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 5 in terms of analysing how they affect traditional norms and beliefs associated with women and girls with disability. 2.2. Methodology To address the objectives of the study, the following methodologies were used to surface the issues affecting women and girls with disability: Document Review Review of the Magna Carta of Persons with Disabilities (Republic Act 7277 as further amended by Republic Act 9442) and the Magna Carta of Women (Republic Act 9710), inter-agency reports on gender by relevant national government agencies, and reports from non-government organisations as cited from other similar studies.15 Review of the results of the WOW-LEAP national forum on Gender Inclusion in Development held in November 2011 (see Annex A), and the Women with Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) held in January-February 2013 (see Annex C) Review of the recent Joint submission on the Philippines by the Philippine Coalition on the CRPD & International Disability Alliance Human Rights Committee, 106th session, 15 October - 2 November 2012 (see Annex B) Key Informant Interviews Ms. Joy Garcia, President of Women with Disabilities Leap Economic and Social Progress (WOW-LEAP) and Ms. Carmen Zubiaga, Executive Director of the National Council on Disability Affairs, provided insights on the conditions of women and girls with disability in the context of gender equality and women empowerment. Both are regarded in the disability sector as the foremost advocates on women with disability issues. Focus Group Discussion16 A focus group discussion was conducted at the National Council on Disability Affairs covering about eleven (11) organizations and agencies. 15 Referring mainly to the study on the Realization of Reproductive Rights and Protection from Violence for Women and Girls with Disabilities in the Philippines done by the PWDs Advocating for Rights and Empowerment and supported by the United Nations Population Fund (UNFPA) 16 See Annex D for minutes of the FGD 3. Findings This section is divided into three main parts: policies, programmes and projects, and effects on traditional norms and beliefs. The first part, policies, discusses the Magna Carta on Women and the Magna Carta on Persons with Disability in terms of how they address issues of women and girls with disability in their provisions. The second part, programmes and projects, reviews how government agencies and non-government organisations/civil society organisations serve the needs of women and girls with disability as claimholders and as clients of their respective programmes and projects. The third part, effects on traditional norms and beliefs, sums up existing viewpoints of women and girls with disability on the effects of the aforementioned policies, programmes, and projects on traditional notions about them. 3.1. Policies 3.1.1. Magna Carta on Women It is observed that most of the provisions of the Magna Carta on Women pertain to defining what “disability” is and in including persons with disability and women with disability as target beneficiaries and/or partners of programmes. Three sections are observed as including women with disability specifically in their provisions: Protection from Violence (Section 12); Equal Access and Elimination of Discrimination in Education, Scholarships and Training (Section 16); and, Social Protection (Section 30). In general, when it comes to women with disability, the Magna Carta on Women is “welfare in nature and does not address the core development issues affecting women with disability.”17A further dissection of the provisions in terms of endowment, agency, and economic opportunity is as follows: Endowment While there is a provision on Women’s Right to Health under Section 17, there is no clear articulation that women with disability in particular are entitled to enjoy such right to health, or that considerations were made to meet their unique needs for health information and services. Section 24, Right to Education and Training, on the other hand, touches on skills training for women migrant workers, gender-sensitive training and seminars, and equal opportunities for scholarship but does not articulate how women and girls with disability can be provided equal access to education. It can be noted that there are about 2 million children with disability who are not in school and are left unserved by the Department of Education.18 17 Excerpted from the interview with Ms. Carmen Zubiaga, Executive Director of the National Council on Disability Affairs, held on April 1, 2013 18 See Terms of Reference for developing an Inclusive Education Demonstration Activity for the Philippines’ Response to Indigenous Peoples’ and Muslim Education Program, 2012. The Department of Education (DepEd) uses the World Health Organization (WHO) estimate of 10% disability prevalence rate when projecting the number of children with disabilities that it intends to serve. If computed with the approximately 21 million school age children (5-14 year old cohort), 10% of this population cohort corresponds to 2.1 million boys and girls with disabilities who should be studying. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 7 Agency Section 12 of the Magna Carta on Women clearly states that women with disability should be protected from violence19 However, it is not clear how this policy is implemented or whether its implications are understood by government agencies and even by women with disability themselves. The reports by the Inter-Agency Council on Violence Against Women and their Children (IAC-VAWC) do not show whether the needs of women and girls with disability are being addressed.20 In the report submitted by the Philippine Coalition on the Convention on the Rights of Persons with Disability (CRPD) and the International Disability Alliance (IDA), incidences of violence against women with disability are persistent but underreported.21 Section 25, Right to Representation and Participation, provides the impetus for women in general to express themselves in governance processes but fails to recognize the barriers faced by women with disability that prevent them from participating. There is systemic lack of awareness across government agencies on the issues affecting women with disability that is combined with a similar lack of awareness among women and girls with disability themselves on what their rights are.22 Economic Opportunity Section 22, Right to Decent Work and Section 23, Right to Livelihood, Credit, Capital, and Technology provide the policy framework to offer women with disability access to economic opportunities to be productive. However, as with most provisions of the Magna Carta on Women, they do not clearly articulate how these apply to women with disability and does not take into account the unique circumstances faced by women with disability for them to be able to enjoy this right. 3.1.2. Magna Carta for Disabled Persons The Magna Carta for Disabled Persons (Republic Act 7277) and its Amendment (Republic Act 9442), which provide the legal framework for the promotion of the rights of persons with disability in the Philippines, has no mention of women and girls all throughout its provisions. It implies the absence of a gender lens when these laws were drafted and eventually enacted. Unlike the Magna Carta of Women, which takes from the UN Convention on the Rights of Persons with Disabilities (UN-CRPD) in addition to keeping with the principles of the 19 Relevant provisions are as follows: Section 12. Protection from Violence, (B), (3) In the provision of relief supplies, due consideration shall be given to the specific requirements of pregnant women, lactating mothers, sick people, senior citizens, persons with disabilities, and children; Section 12. Protection from Violence, (B), Pregnant and lactating women, women and mothers with dependent children, women with disabilities who are arrested, detained or interned for reasons related to armed conflict shall have their cases considered with utmost priority and humanitarian consideration; Section 12. Protection from Violence, (D), (1), (f) Address other forms of abuse committed against women, especially senior citizens, women with disabilities, and other marginalized groups; 20 Lifted from the findings of the Qualitative Study on the Realization of Reproductive Rights and Protection from Violence for Women and Girls with Disabilities in the Philippines, 2012. According to the PWC, this reporting is only limited to RA 9262 and the source of data are the agencies – PCW only collects and consolidates data collected. 21 See Annex B 22 See highlights of interview with Ms. Joy Garcia and Ms. Carmen Zubiaga on April 1, 2013 Convention on the Elimination of All Forms of Discrimination Against Women, the Magna Carta for Disabled Persons did not refer to the UN-CRPD. This is due to the fact that the UNCRPD, which was adopted by the UN General Assembly in 2006, has only been ratified by the Philippines in 2008. In comparison, the Magna Carta for Disabled Persons was passed much earlier, in 1997, and its Amendment in 2006.23 Another amendment may be warranted to bring the Magna Carta for Disabled Persons in tune with the provisions of the more recent UN-CRPD. A further discussion on the Magna Carta for Disabled Persons in terms of endowment, agency, and economic opportunity is presented as follows: Endowment In the Magna Carta for Disabled Persons, there are whole chapters on health and education with specific sections that outline the obligations of the State to persons with disability.24 However, as with the Magna Carta on Women being seemingly blind to a particular segment of the women’s sector – women and girls with disability, the Magna Carta for Disabled Persons also fails to appropriately articulate how women and girls with disability should be claiming their rights to health and education. This absence of gender considerations is not only true for the Magna Carta for Disabled Persons, but on all relevant laws on disability where women and girls are nowhere mentioned.25 In the recently passed (but suspended) Responsible Parenthood and Reproductive Health Act of 2012, there is a section that supposedly addresses the barriers to reproductive health services but again fails to recognize that men and women with disability have different needs.26 Agency In the same manner that the Magna Carta for Disabled Persons is gender blind when it comes to health and education, the provisions that promote the exercise of free expression are likewise gender blind.27 23 Lifted from the findings of the Qualitative Study on the Realization of Reproductive Rights and Protection from Violence for Women and Girls with Disabilities in the Philippines, 2012 24 Specific sections on health include the institutionalisation of a national health program on the prevention and early diagnosis of disability, including rehabilitation. Specific sections on education include providing access to quality education including special education, vocational or other training programs, non-formal education, and tertiary education. 25 Relevant disability laws reviewed are the Vocational Rehabilitation Act or Republic Act 1179, the Act to Promote the Education of the Blind in the Philippines or Republic Act 3562, and the Act Establishing an Institutional Mechanism to Ensure the Implementation of Programs and Services for Persons with Disabilities in every Province, City and Municipality or Republic Act 10070. 26 Section 18. Sexual and Reproductive Health Programs for Persons with Disabilities (PWDs). – The cities and municipalities shall endeavor that barriers to reproductive health services for PWDs are obliterated by the following: (a) Providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places where public health education is provided, contraceptives are sold or distributed or other places where reproductive health services are provided; (b) Adapting examination tables and other laboratory procedures to the needs and conditions of PWDs; (c) Increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, sign language and pictures; (d) Providing continuing education and inclusion of rights of PWDs among health care providers; and (e) Undertaking activities to raise awareness and address misconceptions among the general public on the stigma and their lack of knowledge on the sexual and reproductive health needs and rights of PWDs. 27 This includes Chapter 7, Political and Civil Rights, and Title 3, Prohibition on Discrimination Against Disabled Persons. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 9 Economic Opportunity There is a distinct provision on employment in the Magna Carta that promotes equal opportunity for employment, sheltered employment, apprenticeship, and others, and provides incentives for employers but these provisions again miss out articulating considerations for women with disability in their sections.28 Executive Order No. 417, Directing the Implementation of the Economic Independence Program For Persons With Disabilities (PWDs) provides the basic provisions to support the economic empowerment of persons with disability including access to credit and capital but evidence on access by women with disability to credit is absent. Women with disability reportedly are only able to access credit from microfinance institutions that are run by and for persons with disability. 29 3.2. Programmes and Projects by Government (Gender Focal Point) and Non-Government Organisations/Civil Society Organisations In general, beyond hosting one-time events to celebrate specific occasions such as women’s with disability month, international day of disability, and other related events, government agencies have very little to show in terms of programmes and projects for women and girls with disability.30 Reports from government agencies indicate serving women and persons with disability in general – no reports are found that indicate serving women and girls with disability in particular. Various insights are provided by women with disability explaining how they are accessing programs and projects by the government and non-government organisations/civil society organisations, as follows: Endowment When it comes to health, there is a prevailing lack of attention to the needs of women with disability that are manifest in the inaccessibility of health facilities, lack of information on health services for women with disability including a lack of information in accessible format (i.e. Braille, large print, simple language, and the availability of sign language interpreters), and the lack of awareness, knowledge, and skills of health providers to health conditions of women with disability that are resulting to their negative attitudes to persons with disability in general.31 The existing attitude in the health sector is that the health needs of women and girls with disability are being served in the over-all programs and services for the “general or normal population.”32 In the education sector, there are recent attempts to be both gender and disability sensitive and responsive through the Gender, Poverty and Disability Awareness 28 The provision on employment on the Magna Carta for Disabled Persons is found in Chapter 1, Sections 1 to 11. From highlights of meeting with Ms. Joy Garcia, President, WOW LEAP, April 1, 2013 30 There is however an emerging practice within the Department of Education through the Philippines Response to Indigenous Peoples’ and Muslim Education (PRIME) Program where a strategy to address both gender and disability as cross-cutting concerns have been put in place 31 See Annex C – Situation of Women with Disability by Ms. Jocelyn C. Garcia, President WOWLEAP, form the Women with Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Bayview Hotel, Manila, January 31 - February 1, 2013 32 Excerpted from an interview with the GAD-VAWC Focal Person of the Department of Health from the Qualitative Study on the Realization of Reproductive Rights and Protection from Violence for Women and Girls with Disabilities in the Philippines, 2012 29 (GPIDA) strategy of the Philippines’ Response to Indigenous Peoples and Muslim Education (PRIME) program of the Department of Education.33 However, it remains to be seen how the GPIDA strategy is being operationalised across PRIME activities. Agency Women with disability in general have low awareness on their rights as women, and as persons with disability. This is especially apparent in the rural communities where women with disability are traditionally “timid and afraid to exercise aggressiveness.”34 This low awareness is resulting to a non-exercise of their rights, further exacerbated by some families that are over-protective to the extent of preventing them from participating in activities of mainstream society.35 Oftentimes, the lack of awareness and the non-exercise of their rights have also resulted to incidences of abuse (including sexual abuse) even by their own family members.36 However, women with disability leaders are now slowly asserting themselves by influencing local governments to support training and capacity programs37 Concrete experiences are being reported, in terms of how the annual investment planning at barangay level has been influenced by local women with disability organizations.38 But this emerging effort of exercising free expression by women with disability are being met with skepticism by mainstream women organisations who find women with disability leaders advocating for their rights as “parochial”39 Economic Opportunity The benefits from the recent phenomenon of a booming business process outsourcing (BPO) in the Philippines have trickled down to persons with disability being hired in the BPO industry. However, this has posed several problems for women with disability in terms of their reluctance to graveyard shifts because of security concerns, inaccessible workplace, and the inaccessible transportation system that are preventing them to fully participate in the BPO workforce.40 41 When there are opportunities available for productive work activities, the typical source of livelihood for them is the “sari-sari” store and other backyard industries 33 The author of this paper formerly served as the National Disability Advisor of PRIME. The main goal of PRIME is to improve equitable access to and quality of basic education for boys and girls in disadvantaged IP and Muslim communities. It has adopted the GPIDA strategy in its programming. 34 Excerpted from interview with Ms. Joy Garcia, President of WOW LEAP, held on April 1, 2013 35 Ms. Joy Garcia reports that typically women and girls with disability have no voice or say when it comes to relationship, courtship, marriage, education, and that they are being told to stay at home. She further reports of an incident where a 45 year old woman with disability never had the chance to go out of their house for the last 45 years of her life until after they were able to visit her as part of the outreach program that Tahanang Walang Hagdan was conducting in one of their target areas. 36 See Annex B, Joint submission on the Philippines by the Philippine Coalition on the CRPD & IDA Human Rights Committee, 106th session (15 October - 2 November 2012), for reports on abuse particularly for deaf women 37 See highlights of interview with Ms. Joy Garcia and Ms. Carmen Zubiaga on April 1, 2013 38 See Annex C – Understanding the context of Situational Analysis by Ms. Ana Fe Maravillas, from the Women with Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Bayview Hotel, Manila, January 31 - February 1, 2013 39 Excerpted from interview with Ms. Carmen Zubiaga, April 1, 2013 40 See highlights of interview with Ms. Joy Garcia held on April 1, 2013 41 See Annex C – Situation of Women with Disability by Ms. Jocelyn C. Garcia, President WOWLEAP, from the Women with Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Bayview Hotel, Manila, January 31 - February 1, 2013 A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 1 1 such as hog raising, true for those who have access to capital coming mostly from family members.42 Interestingly, women with disability who are able to access credit facilities from micro-finance institutions that serve persons with disability have reportedly good track records in terms of paying back their loans compared to women and men without disability.43 This is mainly because these women are careful in terms of maintaining a good credit standing to enable them to renew access to credit that is very hard to come by for women with disability.44 3.3. Effects on Traditional Norms and Beliefs The stereotypical woman with disability is one who stays at home, is not allowed to have relationships, is not allowed to marry, is not allowed to get an education, and essentially play highly dependent and reproductive roles.45 She is disempowered and has no voice in the household and in the community. This situation makes a woman with disability vulnerable to abuse, discrimination, and exclusion. The policies, programmes, and projects by government have done very little to change this traditional notion, especially for poor women with disability in the rural areas who have much less access to information and services. Reportedly, it is the effort by women with disability organizations, or by Disabled Peoples Organisations (DPO) that are headed by women with disability or who have strong women with disability representation in leadership positions, that are making the difference in terms of influencing the traditional notions based on disempowerment. For instance, providing access to credit for women with disability to put up small businesses is opening up opportunities for women with disability to have viable livelihood options. It is also mainly through peer support, i.e. women with disability working with and supporting one another, that is slowly breaking the barriers in terms of the lack of information on their rights as women and as persons with disability.46 In an interview with a woman with disability on how she became convinced to pursue completing her education when she dropped out and gave up several times, what turned the tide was when she started joining discussions with a group of women with disability that eventually inspired her to finish her studies.47 42 See Annex C - Situation of Women With Disability by Ms. Jocelyn C. Garcia, President WOWLEAP Women with Disability VISMIN Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Cebu City, February 10-11, 2013 43 From highlights of interview with Ms. Joy Garcia, President, WOW LEAP 44 Ibid. 45 Ibid. 46 Ibid. 47 Ibid. 4. Recommendations There is a systemic lack of awareness and understanding across all government agencies on the issues and conditions affecting women and girls with disability. The tendency is to lump issues together and treat the issues of women with disability as being part of the broader women’s issues and persons with disability issues. Even among mainstream women’s organisations and organisations of persons with disability, they are largely unaware of the issues faced by women and girls with disability despite having women and girls with disability as an integral part of the women and persons with disability sector. While the mainstream women’s movement in the Philippines is recognized for addressing women’s concerns in general, it has failed to adequately address the issues and concerns of women and girls with disabilities in particular.48 The same is true of DPOs in the Philippines who are slowly but significantly advancing the promotion of disability rights especially with the ratification of the UN CRPD, but are still yet to fully take up the rights of women with disability.49 It could be due to the fact that disability is a complex issue that is difficult to address, since it has multi-dimensional elements made more complex by the addition of the issue of gender.50 Some initial thoughts are posited herein in order to address the gaps that were identified in this study. The main policy recommendation is the amendment of the Magna Carta for Disabled Persons in order to align its provisions with the UN-CRPD. The language and the provisions in the Magna Carta for Disabled Persons should be consistent with the UN CRPD since the Philippine Government has formally adopted the UN CRPD in 2008. The process for amendment can be initiated through the Sub-Committee on Policy and Legislation of the NCDA. In terms of actions moving forward to address the main gap on the systemic lack of awareness and understanding on the issues of women and girls with disability, the following actions are recommended: Activate the Gender and Development Committee within the National Council on Disability Affairs (NCDA) including supporting this committee with the capacity to fully understand gender and disability issues to be able to be the lead focal point across all government agencies when it comes to women with disability issues.51 Advocate for a strong representation of women with disability in the governing board of the Philippine Commission of Women (PCW) in order to raise awareness within 48 Foundation for International Training. “Identifying Disability Issues Related to Poverty Reduction, Philippines Country Study.” Asian Development Bank, 2002. 49 Efforts by the DPOs on promoting the rights of women with disability are only emerging, more recent effort of which is the consultations with women with disability on the UN-CRPD (see Annex C) 50 Peters (2003). Inclusive Education: Achieving Education for All by Including Those with Disabilities and Special Education Needs. Prepared for the Disability Group, The World Bank. 51 According to Ms. Carmen Zubiaga, Executive Director of the NCDA, they are now starting their GAD program but it is still un-budgeted A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 1 3 the leadership structure of the PCW to start influencing the mainstream women’s policies, programs, and projects across government with inputs from the disability sector.52 52 Support and promote emerging good practices of organisations by women with disability so that they can better leverage resources from donor organisations, business, development partners, and government.53 Link women with disability organisations with mainstream women’s organisations to start the process of cross-sectoral learning, knowledge sharing, and understanding Support conduct of research to gather evidence as basis for policy and programs for women with disability. One such research is by documenting cases of women with disability who experience discrimination and abuse. Another is by supporting research on cost benefit of CBR. Draft a position paper to segregate senior citizen and PWDs in budget alocations and programs. Strengthen Executive Order 437 by looking at how the provisions mandating the creation and functions of the Persons with Disabilities Affairs Office (PDAO) can be harmonized with EO 437. Train government frontliners on disability sensitivity and sign language, especially the Philippine National Police, Department of Social Welfare and Development, Department of Health, and the Department of Justice. According to Ms. Carmen Zubiaga, she would’ve been elected to the Governing Board of PCW but had to take up the Executive Director position at NCDA. Since then, there was no word on the PCW whether a women with disability will be elected in their Governing Board. 53 There are several emerging practices by women with disability organisations such as micro-credit and partnership with local government in terms of providing inputs to development planning. Annexes Annex A INTERNATIONAL DAY OF DISABILITY (With a theme, Gender Inclusion on development) FIRST LEG OF THE SYMPOSIUM: 1. Held at Columbia Towers 2. November 22, 2011 (9:00am – 5:00pm) 3. Attendees were from different regions in the Philippines from Luzon to Mindanao DISCUSSION ABRIDGEMENTS: 1. Program began with an invocation and singing of national anthem 2. Mr. Edmund Fernandez (DOTC) delivered opening remarks to all participants. Highlights that the planning session for such workshop took 9 months for the organizing committee to accomplish. He emphasized that he is very thankful that numerous regional delegates and organizational representatives made it to the seminar despite of the unpleasant weather 3. Ms. Carmen Zubiaga (head organizer) nethered Mr. Edmund’s welcome remarks by adding more delightful thoughts in everybody’s presence in the seminar 4. Mr. Mateo Lee (NCDA) delivered his personal welcome message and stressed that women with disabilities in the Philippines are somewhat more fortunate compared to other women from other countries. He cited an example of Muslim women who still battle for equal rights and become more productive citizens of their nations. In accordance to the latest report of census, women without disabilities enjoy more rights and privileges than women with disabilities. Lee emphasizes also on the role significance of women in cultivating developments and social reforms. As closing statement, he salute to women’s strengths in character and in capabilities to foster change. He also promoted the Access 2020 Fun Run to be held on December 3, 2011. 5. Mr. Tito Fajardo (Commission on Human Rights), in his speech, he give rise on the importance of mainstreaming women in the society for they could bring in change and progress. He shared an example of a tale of war where great women leaders survived and played a huge role in the fight. He brought in high spot that up to now, we are still struggling for adequate rights for women and children. 6. Ms. Tricia Gray (a representative from Australian Aid), welcome all guests, emphasized that projects for persons with disabilities and for women are close to the “heart of Australian Aid”. She wished a very fruitful workshop for everybody. 7. Rizaldy Sanchez, discussed magna carta for PWD and a specific Magna carta for Women. He provided emphasis on the relevance of reviewing the laws and recommend revisions to rights of women or persons with disabilities in general to ensure that PWD’s enjoy quality life. Data gathering must be improved and meticulous, increase strongly level of support to advocacies for women with disabilities to warrant international and domestic protection against violence, sexual abuse and other forms of battery. For 15 years now, only Philippines in Asia have the gender budgeting body for marginalized women. Budgeting process for persons with disabilities is similar to the ones for senior citizens. It should be fought for that A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 1 5 8. 9. 10. 11. mainstreaming women is not a social burden but a form of inclusive integrity, an empowering integration. There had been findings that 20% is caused by poverty. Philippines has an excellent frame work of laws and legislations for women and persons with disabilities, these should be fully implemented and it’s high time to make sure that these are all followed and exercised. Sanchez further explained that violators of Magnacarta would have penalties. He added also the discount privilege once a PWD is an ID bearer of a government issued PWD ID. Complaints from most audience on drug stores who do not honour this discount policy have been raised to Sanchez for further investigation. Ms. Carmen Zubiaga (head Chair for the gender inclusion on development subcommittee), expressed gratitude and appreciation to all sponsors of the event especially to DOTC and Australian Aid. Zubiaga mentioned again that projects for women with disabilities or for persons with disabilities are close to the heart of Australian Aid. She underscored that 650 million in the world are with disabilities. Women with disabilities for that matter experience double discrimination or double denial of their rights. In the Philippines Zubiaga accentuated that women are more fortunate for having familial love and support. In the country, women are somehow recognized, began to conquer the field of commerce by being career woman but despite of this, more are still needed to struggle for. Communities are necessitated to launch programs for empowerment and protection to women. There should be a strong voice in all local government units (LGU’s) for women with disabilities. Around P2.5 million are from the municipal offices that has not been given to PWD projects as budget or funds. Zubiaga turned to discuss a brief overview of UNCRPD stressing the portions of the law concerning protection for PWD or for women. After which, she buoys up the serious talk, emphasizes the importance of self – esteem of women. “You have to go out, meet and relate with people. All of us are beautiful! Dress up, wear makeup, and look good all the time. Never hide your legs behind long pants. Feel beautiful inside and out. All women are beautiful!” The entire audience was highly encouraged to take the lead when they get back to their respective regions / area in setting up a desk filled with programs for women with disabilities and children. Psychosocial disability is another form of disability that had been recognized and given attention to. There were no known programs for them. These women with such disabilities are pushed to come out, claim their rights and should be understood. (Afternoon break / ice breaker) Ms. Norine Nacional (DTI), discussed about economic empowerment for women with disabilities or for other persons with disabilities through business development. She highlighted the opportunities for macro and micro enterprise. Provided guidance in terms of requirements and other pertinent documents needed to pursue or capitalize a business. DTI’s projects for livelihood has firm linkages among lending or loaning companies that can assist business starters. Nacional proudly reveals the courses they offer for women are as follows; consumer electronic repair, welding, dress making, baking of pastries and automotive training. Nacional added that they would have soon to offer massage therapy training. Dr. Maureen Ava Mata (Representative from PWD group of Makati), explains that building a support group for PWD’s does not give rise to frequent action of gathering funds, hence, pool of volunteers, network widening and finding steady human resource for each of the projects are essential. CBR or community rehabilitation is a good channel to utilize which Makati have begun to maximize in pushing forth their program goals. Mata allude to an experience of their community where in the tap different professionals around the area such as; Physical therapists, doctors, nurses, teachers, church servants, dentists and many 12. 13. 14. 15. 16. 17. others to support their cause by volunteering their service in lined with their expertise and not just by merely sharing something monetary. Ms. Marisa Sandoval (TESDA Women centre), Sandoval pompously announced that TESDA women centre received an award as the first in Asia to provide projects and programs of empowerment for women. The specialty of their programs are, it is competency based and individual pace methods. Assessing one’s skills and abilities are the initial factors to determine what training suits the potential trainee. Individual pace training is done on the basis of one’s progress as she goes along with the module. TESDA accepts trainees as young as 15 years old and applicants must need to pass their entrance exams. TESDA is also active in building communities, budget hearings and system improvement drives. Ms. Jean Gonzales (President of Children with learning disabilities), Stressed that their core belief and goal is to build network and work hand in hand with department of labour and employment (DOLE). Gonzales explained that after all their empowering and rehabilitative programs and intervention, employment or economic independence takes place in somebody’s life. Ms. Carmen Zubiaga (back in the floor to speak), informed and encouraged everybody to join and be active with local women’s council in their respective municipalities. Audience general wish list and proposed issues to seek actions for; Increase number of public schools in Valenzuela accepting children with disabilities Increase number of SPED teachers catering to all types of children with disabilities Increase number of colleges in Valenzuela accommodating incoming college students with disabilities Increase the quality of medical diagnosis of disabilities to children through physicians and other medical practitioners Partnering with non – PWD groups to widen awareness drives regarding persons with disabilities with special focus on their abilities and other potentials PWD groups / individuals must be very active in infrastructure reforms Mr. Rizal Morales (DOTC), Presented as the Apolinario Mabini awardee for the most outstanding volunteer who engages and promote rehabilitation drives and programs for persons with disabilities beyond regular work. Morales highlight the efforts of Undersecretary Mar Roxas in attending all complaints and issues of PWD’s in transportation and travelling. He pointed out also that 99% of all filed cases were not or has not been resolved through due process because of some factors from PWD’s end like PWD’s pity the accused drivers and eventually leading to taking back the field cases and no fare to attend court hearings. (Awarding of certificates, photo sessions and distribution of tokens) A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 1 7 INTERNATIONAL DAY OF DISABILITY (With a theme, Gender Inclusion on development) SECOND LEG OF THE SYMPOSIUM: 1. Held at Bayview Park hotel 2. November 23, 2011 (9:00am – 5:00pm) 3. Attendees were from different regions in the Philippines from Luzon to Mindanao DISCUSSION ABRIDGEMENTS: 1. Ms. Lizel Avida and Ms. Amy Decena (participants) did the recapitulation of the previous topics including the press conference of Australian Aid at EDSA Shangrii-La hotel 2. Dr. Liza Martinez (Co – founder of Philippine Deaf Resource Centre), discussed about persons with disabilities being duty bearers and their rights defenders. Greatest contribution of PWD is to start moving, fight for their rights, claim it than waiting for our government to move. Electroshock therapy is one of the treatments administered to persons with psychosocial disabilities. The newly sprung out type of disability. Women have right to “Health”. Menstruating, giving birth and vagina are the 3 things that made women unique and different from men. Children and women are prone to violence. Rape, trafficking, electronic abuse like sex videos and acts of lasciviousness are forms of violence towards women. Weng and Maffy were the deaf victims of discrimination in the barangay. Their stories were presented as sample cases. A person with disability especially if it is still young needs “CASAGAL” in courts. CASAGAL means, court appointed special advocate / guardian ad litem. To ensure accuracy of narration, video tape the story but make sure that you ask permission from the victim regarding this planned step. It’s challenging for an interpreter to sign and write the narration of the victim all at the same time. PWD’s must be present and be represented in all forums or social and / or governmental gathering to ensure that PWD voices are heard. PWD’s are always out of sight and out of mind by most people especially in planning. Dr. Gina Manalaysay, representative of regions 6, 7, 8 PWD’s must establish rapport among themselves, strengthen friendship and network Form a council that is solely dedicated in data gathering and report monitoring Continuous search of funds / sponsors to keep all projects going Law awareness drives / initiatives for persons with disabilities as well as those who are not PWD’s Develop micro enterprise programs augmenting income for mothers of persons with disabilities. “They are usually in the school and guarding their PWD children. Therefore, they need other ways of earning to ensure that they could help the fathers get extra resources.” Increase the number of SPED teachers and teacher aids Increase PWD visibility in government offices or local council office actively discussing projects for persons with disabilities (e.g. honour parking spots for PWD’s, Honour discount ID cards etc.) REGION 3 REPORT Description: used a symbolic tree. A healthy tree with full grown branches and a dying tree with fallen leaves. Analogical frame work in a community with complete and available resources for PWD’s. Which implies that PWD’s lives are in increased quality and healthier if tailor fitted programs for them are available, established and implemented. Fund adequacy for PWD projects Dedicated manpower / team for data banking and reports management Awareness drives / initiatives slaying public discrimination Limited issuance of PWD discount ID’s Insufficient number of disabled affairs office to cities and regions Lac of job opportunities Increase and strengthen community based rehabilitation approaches Increase number of support systems or peer groups for empowerment Need for technical assistance from various government agencies like from Social workers to train women leaders making the right project proposals etc. Seek funding from funding agencies and private sectors Attorney Jessica Siquijor Magbanwa, Spoke about anti – violence law for women, wives or children. “Place of violence cannot be just in homes, it can be in other places,” Magbanwa stresses as she starts to explain her subject. Violence on women can be committed through economic, Psychological, emotional, sexual and physical threats. It is also violence if there is a denial of an arbitrary of personal liberty and forcing you to do something out of your will are also considered public offense. Battered women syndrome defines that a woman suffers from such problem if she has been abused physically, emotionally and psychologically. Marivic Genosa’s case from Leyte was the basis and gave rise to a definition of battered woman syndrome which leads to the formulation of anti battery law. Battered woman has 3 stages, tension building, acute battery incident and tranquil loving. Dr. Liza Martinez coordinated with the audience regarding battery cases they know and listed statistics for that matter. There were documented 3 cases of battery, 15 rape incidents, 27 for trafficking, 1 for sexual harassment and 3 for molestation from the symposium. These figures are kept confidential and Dr. Liza’s CRPD team are planning steps to resolve issues as such for women with disabilities. 1. Ms. Martha Villafania from Leyte’s chapter of WOW Leap federation, explained how to organize representing bodies for persons with disabilities. She recalled that virtual methodologies such as e-mails and texting became essential communication avenues in forming their federation. Villafania also proudly presents geographical and cultural highlights of Leyte. 2. Ms. Carmen Zubiaga reinforced the idea of having a national federation of women with disabilities. Ms. Joy Garcia – Board member of WOW LEAP and also vice president of TWH, discussed organizing and empowering support groups for persons with disabilities and planning advocacies and conceptualize course of actions for forum and programmes. Garcia emphasized the maximum utilization of CBR strategy. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 1 9 “Be agent for change through generous sharing of information,” Joy shares a positive note to everybody. Here are the steps which are prescribed by ms. Joy Garcia in the process phase of embodying of an idea until it becomes an organization. 1. 2. 3. 4. 5. 6. 7. 8. 9. Register at SEC and look for incorporators for the organization Appointment of officers Plan projects and submit proposals Ensure that the leader of the organization can handle a group with genuine credibility in leadership and love for his / her constituents Make the organization formal and file the necessary documents Go for a general assembly through interim officers Build networks and learn to affiliate your other organizations CBR strategy will help you learn government proto calls and policies and as to how you relate and propose to the government and other funding agencies Continuous monitoring of launched projects Ms. Joy Garcia concluded her talk with advertising Access 2020 Fun Run at SM Fairview on December 3, 2011. ANNEX B International Disability Alliance (IDA) Member Organizations: Disabled Peoples' International, Down Syndrome International, Inclusion International, International Federation of Hard of Hearing People, World Blind Union, World Federation of the Deaf, World Federation of the DeafBlind, World Network of Users and Survivors of Psychiatry, Arab Organization of Disabled People, European Disability Forum, Red Latinoamericana de Organizaciones no Gubernamentales de Personas con Discapacidad y sus familias (RIADIS), Pacific Disability Forum Joint submission on the Philippines by the Philippine Coalition on the CRPD & IDA Human Rights Committee, 106th session (15 October - 2 November 2012) The Philippines Coalition on the CRPD, comprising more than 15 organisations of persons with disabilities (DPOs) and the International Disability Alliance (IDA), have prepared the following information and proposed recommendations to the State highlighting the civil and political rights of persons with disabilities in the Philippines as it concerns the issues of non-discrimination; freedom from torture, cruel, inhuman or degrading treatment; the right to liberty ; access to justice and the right to participation in public affairs and the right to vote. PHILIPPINES The Philippines ratified the Convention on the Rights of Persons with Disabilities on 15 April 2008. Please find attached: Annex I which compiles selected disability references in UPR recommendations & Concluding Observations of treaty bodies with respect to the Philippines (page 7) Annex II which includes information on the organisations making this submission (page 10). Introduction Persons with disabilities have remained largely invisible due to discrimination and continued marginalization in society. There is a dire lack of documentation for even the most fundamental information about Filipinos with disabilities. According to the 2000 census, there are 942,098 Filipinos with disabilities who make up 1.23% of the population. Half of the sector are female, and children and youth comprise significant proportions and the majority of persons with disabilities are in the rural area. Through the past three decades however, the incidence of disability has been reported variably by different entities leading to serious doubts on overall accuracy. The 1.23% figure of persons with disabilities differs greatly from the latest figures published by the World Bank and WHO in the 2011 World Report on Disability which sets the latest figures on persons with disabilities at 15%. National statistics have been a longstanding concern as national / local legislation and policy rely heavily on documented numbers of disadvantaged Filipinos to justify A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 2 1 appropriations for programs, activities and services. In a developing country where public finances are subject to many limitations, budgets for various vulnerable sectors compete with each other and other national priorities. Violence against women and girls with disabilities- Articles 3, 7, 23, 24, 26 The findings in the research of the Philippine Deaf Research Center (PDRC) indicate that women with disabilities are more likely than men with disabilities and women without disabilities to be victims of all forms of violence. Available documents and reports of several NGOs and DPOs indicate that violence against women with disabilities is more severe and is committed over an extended period due to impunity and difficulties in accessing justice. In particular, for deaf women who are victims of violence, degrading treatment, physical and sexual abuse, the non implementation of the national plan for provision of interpreters serves as one of the chief reasons for the denial of fair and just trials. Even right at the stage of submitting complaints and investigations, the lack of support for interpretation leads to the dismissal of these cases. Other from the findings made by the Philippine Deaf Research Center, there is a dearth of data that could be accessed in the relevant agencies expected to collect and store this information. The National Council on Disability Affairs, the Philippine Commission on Women and the Commission on Human Rights (CHR) have not made available such information since 2008. Prior this period, the CHR reported fifty seven (57) reported cases of human rights violations against persons with disabilities, and cases of women and girls are in the majority. The outcome of those cases remain uknown to date. While there are legislation and programs addressing the prevention, rehabilitation and protection against violence against women and girls run by the government and NGOs, there are none which focus on or address women and girls with disabilities. The resulting barriers identified due to these facts include: a. Laws against rape, sexual abuses, violence, sex trafficking of women do not equally benefit women and girls with disabilities; b. There is an absence of data, knowledge about the specific forms of exploitation, violence and abuse experienced by women with disabilities, and the inter-relationship between gender and disability and exploitation, violence and abuse; c. There is an inadequate link and promotion of services for women with disabilities in the community and even within the sector of disability. d. Distance and inaccessibility of service centers and severe inadequacy of accessible information about victim support services for women and girls with disabilities. e. Non inclusive service policies, procedures and practices that in effect exclude women and girls with disabilities. f. Untrained service staff who are not skilled to communicate much less comprehend and address the particular concerns and needs of persons with disabilities. Right to liberty – disability-based detention and forced treatment permitted in the law - Articles 2, 7, 9, 16, 26 There is a proliferation of laws, policies and programs against violence, deprivation of liberty and equal recognition before the law in the Philippines. Most of them address women, children, indigenous, vulnerable and marginalized groups. Even with the persistent assertion of the authorities of the inclusive nature of these laws and programs, persons with disabilities remain excluded. The vulnerability of persons with psychosocial disabilities in mental health institutions has been recognized by the UN Special Rapporteur on Torture.54 In the Philippines, Rule 101 of the Rules of Court “Hospitalization of Insane Persons",55 and the Child and Youth Welfare Code,56 allow for the detention in institutions of persons with psychosocial disabilities without their free and informed consent, and often persons lacking their legal capacity are “voluntarily” detained upon the consent of their guardian without the right to challenge their detention. The National Center for Mental Health (NCMH), and the Sanctuary Center (a public shelter for recovering women with psychosocial disabilities) have double or triple barricades as well as solitary confinement areas. There are reports of accused persons with psychosocial disabilities, persons with autism and blind or deaf persons who are detained Mental Health Centers. They do not benefit from the presumption of innocence, but instead are dealt with as psychiatric patients and therefore are forcibly hospitalised and detained without trial. Such practices targeted at persons with psychosocial disabilities are discriminatory and no longer in line with the latest standards of international human rights law. Article 14 of the CRPD and recommendations of the CRPD Committee explicitly set out that disability based detention is violation of the right to liberty. The Special Rapporteur recalls that article 14 of CRPD prohibits unlawful or arbitrary deprivation of liberty and the existence of a disability as a justification for deprivation of liberty”.57 Access to Justice- Articles 2, 3, 14, 16, 21, 26 For the deaf community, despite a National Plan of Action target in 2007 to establish a system for sign language interpretation, no mandated national policy or system for standards, accreditation, dispatch or code of conduct, exists to date. The Department of Justice (including the Phil National Police, National Bureau of Investigation and Bureau of Jail Management and Penology) have no policy on sign language interpreting. Deaf persons are charged, arrested, detained, investigated, prosecuted, or incarcerated without fully understanding / being fully understood. From 2006-2012, the Philippine Deaf Resource Centre documented 80 cases with deaf persons as respondents. Twenty-six percent of cases with known data involved respondents who are deaf minors. Further, deaf women and girls who are victims of violence, sexual abuses and other degrading dealings are often denied access to justice. 54 Report of the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment, UN General Assembly. A/63/175, 2008 55 Rule 101 of the Rules of Court entitled "Hospitalization of Insane Persons" www.familymatters.org.ph/Procedural%20Laws/Rule%20101%20hospitalization%20of%20insane%20person.ht m 56 Child and Youth Welfare Code (PD 603, Art. 141 to 186) www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm 57 Recommendation of the Special Rapporteur on Torture (A/63/175), para 64. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 2 3 The lack of focused policies and programs addressing the distinct realities of deaf women and other types of women with disabilities contributes to the proliferations of cases that are not attended appropriately thus resulting to impunity. This fact emboldens the perpetrators of these types of violators of rights of persons with disabilities. Supreme Court policy provides interpreting only if a deaf person needs to be understood.58 Of 214 cases involving deaf parties, only 24% were appointed sign language interpreters. Of 63 cases with unschooled deaf parties requiring deaf relay interpreting, only 25% were appointed interpreters. In 16 cases of gender-based violence filed by unschooled deaf complainants requiring deaf relay interpreting, only 13% were appointed interpreters.59 In fact, a recent petition communicated to the CEDAW Committee concerns the rape of a deaf girl who was denied access to justice in the Phillippines on account of the lack of sign language interpreting in the trial proceedings. It should be noted that throughout the country there are over 2,000 court interpreters for spoken languages, working as fulltime salaried employees. On the other hand, compensation for sign language interpreters is not even appropriated in the national budget of either the Department of Justice or the Judiciary. Neither is there any provision for accessibility through sign language interpreting in the local governments’ Katarungang Pambarangay (village justice system). Likewise, there is no policy for communication accessibility in cases with the National Labour Relations Commission, or the Philippine Mediation Center. Right to participation in public affairs and the right to vote – Articles 2, 16, 25, 26 The right to vote and participation in elections by persons with disabilities have been hindered by discriminatory provisions in the elections law and widespread accessibility issues such as lack of sign language interpreting; physical inaccessibility, and non-guarantee of privacy / confidentiality at the polling places. The Synchronised Elections Law 1991 excludes from the right to vote “insane or incompetent persons as declared by competent authority” (section 118(c)) which is in violation of the right to political participation as set out in Article 25, ICCPR and Article 29, CRPD, and confirmed in OHCHR thematic study on participation in political and public life by persons with disabilities which explicitly states that there is no reasonable restriction nor exclusion permitted regarding the right to political participation of persons with disabilities.60 It is a worrying situation that the Human Rights Committee General Comment no 25 was recently cited by the Philippine Mission to the UN in Geneva as the basis to a reservation adopted in March 2012 in the context of the adoption of the Human Rights Council resolution on the right to political participation of persons with disabilities, asserting that “insane” people must remain deprived of 58 Supreme Court Memorandum 59-2004; Supreme Court Circular 104-2007 Access to Justice: Case monitoring by the Philippine Deaf Resource Center (2006-2012). www.phildeafres.org/pdf/PDRC_Case_Monitoring.pdf 60 A/HRC/19/36, 21 December 2011 59 their political rights.61 While the Commission on Election (COMELEC) in partnership with Philippine organisations of persons with disabilities (DPOs) have publicly expressed objection to this reservation as a measure of discrimination and contrary to their obligations under the CRPD. The Department of Foreign Affairs, through the Division of the United Nations and International Organizations (UNIO) maintains its firm position to keep the reservation before the Human Rights Council. This is flagrant violation of Articles 4, 5, 12 & 29 of the UNCRPD. Recommendations: Take steps to accede to the Optional Protocol to the Convention on the Rights of Persons with Disabilities. Articles 3 and 7 Address the heightened risk for women and girls with disabilities of becoming victims of violence, abuse, and exploitation in the home, community and institutions, and to adopt measures to ensure the accessibility of services and information to victims with disabilities, including training of police and other interlocutors. Ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are impartial and fair, and not affected by prejudices or stereotypical gender notions. (see CEDAW Committee, 2008, CEDAW/C/46/D/18/2008, para 8.9) Ensure measures taken to provide holistic and coordinated responses and strategies across different services (domestic violence and sexual assault, disability, mental health service systems) to prevent and combat violence against women and girls with disabilities, including the incorporation of gender, disability and child-friendly perspectives, the collection of such disaggregated data and meaningful consultation with women and girls with disabilities and their representative organisations for effective policy-making. Article 4 Expand the legislative protection of discrimination to incorporate discrimination on the basis of disability, perceived disability and association with a person with a disability, and ensure the protection from denial of reasonable accommodation, as a form of discrimination.62 Give guidance, awareness-raising and training to ensure a better comprehension by all stakeholders, including persons with disabilities, of the concept of reasonable accommodation and prevention of discrimination.63 (see Concluding Observations of the CRC Committee, 2009, CRC/C/PHL/CO/3-4, paras 29, 30, in Annex below). 61 Para 4 of General Comment no 25 : « Any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria…For example, established mental incapacity may be a ground for denying a person the right to vote or to hold office. » 62 CRPD Article 5 - Equality and non-discrimination. 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. 63 The Republic Act 7277 was enacted in 1992 and despite amendments to some sections by Republic Act 9442 in 2009, it retains the view of disability which defines “persons with disabilities” as “those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being” (Sect. 4a), which is in conflict with the CRPD’s approach. Under RA 7277, In order to prosecute potential violations, Sec 44 on enforcement states that a A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 2 5 Articles 2, 7, 9, 16 and 26 Adopt measures to ensure that all health care and services provided to children and adults with disabilities, including all mental health care and services, are based on the free and informed consent of the individual concerned, and that involuntary treatment and confinement are not permitted by law. Articles 2, 3, 14, 16, 21 Ensure the effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations and support, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, in accordance with Article 13 of the CRPD. Implement fully the target for an interpreting system in the National Plan of Action and pass proposed House Bills: No. 4631 “Court Interpreters for Persons with Disabilities Act”; No. 6079 “Filipino Sign Language as the national sign language” (includes sign interpretation in courts, schools, broadcast media). Articles 2, 16, 25, 26 Repeal restrictions in the electoral law (Synchronised Elections Law 1991) that excludes from the right to vote “insane or incompetent persons as declared by competent authority” (section 118(c)) which is violation of Article 25, ICCPR and Article 29, CRPD and contrary to the latest international standards on political participation; and the withdrawal of the reservation emitted by the Philippines before the Human Rights Council which excludes persons with disabilities from their right to political participation. Reform the law in accordance with Article 16, ICCPR and Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) to guarantee the equal recognition before the law of persons with disabilities, including the adoption of measures to ensure that having a disability does not directly or indirectly disqualify any person from exercising his or her legal capacity autonomously, and to ensure that persons with disabilities have access to support that they may need to exercise legal capacity on an equal basis with others, respecting the will and preferences of the person concerned. (See also report of Special Rapporteur on Torture, 28 July 2008, A/63/175, paras 73 and 44) Disability references in Concluding Observations and views with respect to the Philippines Universal Periodic Review of the Philippines, 12th session, A/HRC/21/12, 2012 129. The recommendations formulated during the interactive dialogue and listed below enjoy the support of the Philippines: 129.7. Fully implement the Magna Carta of Women for promoting gender equality (Republic of Korea); Provide more resources to support the effective implementation of the Magna Carta of Women (Malaysia); Effective implementation of the Magna Carta of Women in all fields, inter alia, labour relations, access to justice and health care, including aspects of sexual and reproductive health; and sexual violence (Spain); “pattern or practice of discrimination” must be evident. This diminishes the significance of single or individual acts of discrimination. 129.10. Maintain the momentum in actively pursuing efforts to further protect the rights of women and children, especially through the enactment of legislation (Brunei Darussalam); Continue to intensify its efforts in addressing all the remaining challenges of human rights, in particular, in the fields of promotion of economic growth, and social protection and equity with special attention given to women’s and children’s rights through ongoing programs and plans of action (Cambodia); 129.8. Continue promoting the empowerment of women (Nicaragua); Continue its efforts to implement domestic policies to further promote gender equality and strengthen the protection of women against discrimination and violence (Singapore); Intensify efforts to fight violence against women by the public awareness-raising campaigns, by adequately resourcing the relevant initiatives and by training law enforcement personnel (Liechtenstein); Undertake concrete measures to further promote gender equality in employment, gender responsive approach in the judicial system and better maternal care (Thailand) 129.11. Intensify its efforts to protect the rights of other vulnerable groups, especially persons with disability, minorities and indigenous peoples so as to allow them equal access to social, educational, health and other services (Thailand); Continue its work in relation to the promotion of the protection of the rights of specific vulnerable groups in society such as senior citizens, the poor and those affected by natural disasters (Trinidad and Tobago); Study the possibility to develop new measures so that programs to combat poverty include vulnerable people such as seniors and people with disabilities (Argentina); 130. The following recommendations enjoy the support of the Philippines which considers that they are already implemented or in the process of implementation”: 130.6. Adopt inclusive legislation for people with disabilities (Spain); Concluding Observations of the CRC Committee, 52nd session, 2009, CRC/C/PHL/CO/3-4 29. While noting efforts by the State party to eliminate discrimination against children, including through the implementation of the Girl Child Plan and a number of programmes targeting indigenous and minority children, the Committee reiterates its concern at discrimination faced by many children, in particular children living in poverty, children with disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant children, street children and children living in rural areas as well as children living in conflict areas, as regards their access, inter alia, to social and health services and education. The Committee also remains concerned at the de facto discrimination still affecting the girl child and impeding the full enjoyment of her rights, mainly due to societal attitudes toward girls and women. The Committee further expresses its concern at the fact that the State party has not yet addressed the situation of children born out of wedlock, who still face discriminatory practices such as their classification as “illegitimate” and their restricted right to inherit. 30. The Committee urges the State party to increase its efforts to eliminate discrimination against children and in particular to: (a) Adopt and implement a comprehensive strategy addressing all forms of discrimination, including multiple forms of discrimination against all vulnerable groups of children and aimed at combating discriminatory social attitudes towards girls, children living in poverty, children with A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 2 7 disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant children, street children and children living in rural areas as well as children living in conflict areas; Children with disabilities 53. While welcoming the State party’s ratification of the Convention on the Rights of Persons with Disabilities in 2008, the Committee expresses its concern at the lack of a comprehensive policy to ensure that children with disabilities have equal access to social, educational, health and other services. The Committee also remains concerned at the high prevalence of disability among Philippine children, due to a number of causes, including malnutrition and unsanitary living conditions as a result of extreme poverty. The Committee is further concerned that those children continue to face de facto discrimination and that they have an invisible role in society. 54. The Committee recommends that the State party strengthen its measures to protect and promote the rights of children with disabilities, inter alia, by: (a) Developing and implementing a comprehensive policy for the protection and promotion of the rights of children with disabilities and enforcing existing legislation to ensure that children with disabilities have equal access to social, educational, health and other services; (b) Strengthening the existing database and monitoring system on children with disabilities; (c) Ensuring participation of children with disabilities and members of their families in the planning, implementation and evaluation of programmes; (d) Making every effort to provide programmes and services for all children with disabilities, including mental disabilities, and ensure that such services receive adequate human and financial resources; (e) Carrying out awareness campaigns to sensitize the public about the rights and special needs of children with disabilities and encourage their inclusion in society; (f) Providing training for professional staff working with children with disabilities, such as teachers, social workers, medical, paramedical and related personnel; (g) Taking into account article 23 of the Convention, the Committee’s general comment No. 9 (2006) the rights of children with disabilities as well as the Convention on the Rights of Persons with Disabilities. Views of the CEDAW Committee on Communication No. 18/2008, Karen Tayag Vertido v the Philippines, adopted on 16 July 2010, CEDAW/C/46/D/18/2008 8.9 Acting under article 7, paragraph 3, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and in the light of all the above considerations, the Committee is of the view that the State party has failed to fulfil its obligations and has thereby violated the rights of the author under article 2 (c) and (f), and article 5 (a) read in conjunction with article 1 of the Convention and general recommendation No. 19 of the Committee, and makes the following recommendations to the State party: (a) Concerning the author of the communication Provide appropriate compensation commensurate with the gravity of the violations of her rights (b) General Take effective measures to ensure that court proceedings involving rape allegations are pursued without undue delay Ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are impartial and fair, and not affected by prejudices or stereotypical gender notions. To achieve this, a wide range of measures are needed, targeted at the legal system, to improve the judicial handling of rape cases, as well as training and education to change discriminatory attitudes towards women. Concrete measures include: (i) Review of the definition of rape in the legislation so as to place the lack of consent at its centre; (ii) Remove any requirement in the legislation that sexual assault be committed by force or violence, and any requirement of proof of penetration, and minimize secondary victimization of the complainant/survivor in proceedings by enacting a definition of sexual assault that either: requires the existence of “unequivocal and voluntary agreement” and requiring proof by the accused of steps taken to ascertain whether the complainant/survivor was consenting; or requires that the act take place in “coercive circumstances” and includes a broad range of coercive circumstances.” (iii) Appropriate and regular training on the Convention on the Elimination of All Forms of Discrimination against Women, its Optional Protocol and its general recommendations, in particular general recommendation No. 19, for judges, lawyers and law enforcement personnel; (iv) Appropriate training for judges, lawyers, law enforcement officers and medical personnel in understanding crimes of rape and other sexual offences in a gender-sensitive manner so as to avoid revictimization of women having reported rape cases and to ensure that personal mores and values do not affect decision-making. Information of the submitting organisations The Philippine Coalition on the UNCRPD is comprised of more than 15 organisations with about 65,000 members with disabilities of all types. While it was primarily established for the purpose of ensuring the implementation of the UNCRPD in the Philippines through monitoring and parallel reporting, it also engages before other human rights mechanisms such as other UN treaty bodies and the Universal Periodic Review. Lauro Purcil, lauro.purcil@samobile.net Liza Martinez, pdrc@phildeafres.org, The International Disability Alliance (IDA) is a unique international network of global and regional organisations of persons with disabilities, of which EDF is a regional member. Established in 1999, each IDA member represents a large number of national disabled persons’ organisations (DPOs) from around the globe, covering the whole range of disability constituencies. IDA thus represents the collective global voice of persons with disabilities counting among the more than 1 billion persons with disabilities worldwide, the world’s largest – and most frequently overlooked – minority group. IDA’s mission is to advance the human rights of persons with disabilities as a united voice of organisations of persons with disabilities utilising the Convention on the Rights of Persons with Disabilities and other human rights instruments. vlee@ida-secretariat.org www.internationaldisabilityalliance.org A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 2 9 Annex C Women with Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) Bayview Hotel, Manila January 31 - February 1, 2013 Day 1- January 31 Opening Ceremonies Opening Prayer by Ms. Virginia E. Montilla, Board of Trustee Women on Wheelchairs Leap to Social and Economic Progress (WOWLEAP) from the National Capital Region. Welcome Remarks by Mr. Manuel V. Agcaoili giving emphasis on the Rights of Persons with Disability and the importance of the United Nations Convention on the Rights of Persons with Disability in their daily lives. He also acknowledged Mr. Lauro Purcil as the prime mover of the coalition. A brief introduction of each of the participants introducing their organization and their involvement with women with disability. (See attendance sheet attached). Workshop Overview Mr. Purcil gave an overview of the Consultation meeting stressing that the participants should know their rights, and as Women, they should be experts on their issues because of the doubling situation of being a woman and yet with disability. Mr. Purcil asked the women about their knowledge on the UNCRPD document and they said that they have little knowledge on the said document. He gave a background on some provisions stated in UNCRPD and informed the participants that 70% of the composition of the group who made the UNCRPD are women. Presentations 1. SITUATION OF WOMEN WITH DISABILITY by Ms. Jocelyn C. Garcia, President WOWLEAP The first presenter on day 1 was Ms. Jocelyn Garcia who presented the Women with Disability Situationer. According to World Health Organization report, 15% of world’s population are persons with disability and despite the large number there is no accurate data on women with disability. 1.1 On Family Issues Women with disability are most likely to be abused by their own family WWD living in remote areas are most commonly victims of domestic human rights violations. They are not capacitated to defend themselves from such abuses because of lack of knowledge on their rights and to whom they can ask for assistance. Some WWD are even prohibited by their families to be in a romantic relationship because of their situation Consider Double marginalized because of the disability and being a woman 1.2 On Access to Healthcare Lack of physical access, including transportation to clinics and within clinics lack of ramps, adapted examination tables Lack of information and communication materials (braille, large print, simple language and sign language interpreters) Health care providers “negative attitudes; Providers lack of knowledge and skills about women with disabilities; Lack of coordination among health care providers; Lack of funding, including lack of health-care insurance Information and orientation on the sexuality and the reproductive health of women with disabilities should be available to efface discrimination and stigma associated with disability Promotion of health and wellness of women with disability and stress management, depression and sound mental condition. 1.3 On Employment Women is vulnerable to danger preventing them to work in the mainstream Workplace and Transportation are not accessible to wheelchair users; Education and Skills of Women with Disability do not meet the the labor market demand Hiring policies of companies not friendly to women with disability 1.4 On Disaster Preparedness Generally, women are hit hard by disaster and gender relations in culture and society but disabled women face compounded difficulties by being both women and disabled in times of disasters Evacuation centers are not accessible to wheelchair users and rescuers not sensitive to the needs of women with disability Meaningful participation of women with disabilities in Disaster management Twin track approach (capacity building and consultation with women with disability) Build Networks to local rescue providers specially with the LGU and the Barangay 1.5 On Economy, Entrepreneurship and Leadership Develop the self-esteem of women with disability to become leaders and actively participate in their communities Strengthen the organization of women with disability and teach them to tap available resources with their areas. Identifying products from available local materials and develop them according to market demands Provide market support to products and services of women with disability In the early 70’s Tahanang Walang Hagdanan was one of the Catalyst of Change for the Development of Persons with Disability. Men and women with disability were given equal opportunity to Rehabilitation, Education and Employment and to further the promotion of Women empowerment, TWH spearheaded several advocacy projects like the Search for Miss Beauty on Wheels Philippines in 1998, a nationwide search for women with beauty and brains who can advocate for their rights. Another fruitful project was the organization of wheelchair dancing for the inclusion of women with disability in the national programs of the government. With the overwhelming support of government agencies and partners, a group of women was formally organized in 1999, WOMEN WITH DISABLITIES LEAP TO SOCIAL AND ECONOMIC PROGRESS and was registered with the Securities and Exchange Commission as a Non-Government Organization in 2000. It was organized with the purpose to facilitate access of women with disabilities to resources A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 3 1 necessary for their active participation in social and economic activities in their communities and to develop women leaders. Long before the ratification of the UNCRPD an active group organized and run by women with disability has been in placed and with the ratification of Philippine Government of the UNCRPD, there will be a stronger partnership between the Civil Society Organization and the government for an inclusive development for all. Comments and Issues raised by participants: A girl from Mindoro shared the story of a deaf girl who was abused by her father and her mother never reported the case to the police because of the father being the sole breadwinner of the family so the participant wanted to know the process on how to file a complaint. There was also a case shared by one participant from Makati that a girl with intellectual disability was raped by a neighbour and the complaint was filed but the police have not acted on the case and no police report was ever prepared. Hence, the parents did not push thru anymore. Participants from Isabela and Nueva Vizcaya wanted to conduct personality development for women in region 2 to improve not only their personality but also their self-esteem and life disposition. One of the participants from Gumaca, Quezon shared her experience with their LGU and said that their organization has a good partnership with their LGU because they always get support in their trainings and other projects. She further stressed that once an LGU see that persons with disability group and organization shows eagerness and seriousness with their projects, no doubt that government agencies will extend their support. During the focused group discussion the participants validated the situationer presentation of the speaker. Speaker’s responses to the comments: One of the speakers advised the participant that the first step to do whenever there is an abuse is to report the case in the barangay to ensure that it is recorded in their log book. If the mother or the family is not cooperative to pursue the case, the DSWD can file a complaint for the abused women with disability. We can also approach the Commission on Human Rights or other government agencies that can provide protection to the victim. Ms. Carmen Zubiaga one of the speakers and a member of the coalition and also the Executive Director of the National Council on Disability Affairs shared the recent development that the Council has signed an agreement with the Department of Justice to strengthen their support to persons with disability by providing lawyers to defend them whenever their rights are violated and more so to abuse women with disability. All for free. The speaker advised the participant from Isabela and Nueva Vizcaya to tap their LGU to support their training needs and involve the national women’s group support to establish partnership between the CSO and the LGU. One of the participants from Makati suggested that if we can settle the needs of our organization within the local network or within the LGU and with the Barangay level, we should settle them on their level before escalating the issues in the national government. After all, the LGU and the Barangay is the nearest government body who we can engage with in our locality. One of the participants from Region 2 seconded the suggestion that organizations of women specially in the far flung areas and provinces should learn how to tap the available resources in their locality whether human and financial resources so that cost of trainings will not be expensive. Furthermore, she also mentioned that Women Leaders who have been trained from the national level should echo her learnings down the locality where she belongs. In other words, it is not necessary to invite speakers from the national if there are trained speakers in the local. A participant from Region IV also commented that there are potential leaders in Women but they are not tapped and further suggested that the present leaders should already identify who can be the second liners. There should be a database of potential leaders or speakers that can be accessed thru the internet by organizations who may wish to conduct capacity building be it in livelihood, entrepreneurship or personality development. Ms. Joy Garcia one of the speakers and a council member of the National Anti Poverty Commission shared the recent development about the memorandum circular of the Commission about the Bottoms Up Budgetting encouraging the Civil Society Organization to join the LGU in budget planning and they will become part of the committee as one of the signatory in budget allocation. This is an opportune time for the CSO to discuss with the Mayor about their projects and activities. This way it will strengthen the advocacy of inclusive development. On Trainings, since there was a lengthy discussion on capacity building of women, Ms. Joy Garcia shared her thoughts on the different phases of trainings as women have varied training needs. To wit; 1. BASIC TRAINING 1.1 Personality Development 1.2 Activities of Daily Living 1.3 Psychosocial and Physical Rehabilitation 1.4 Use of mobility aids, Basic Sign Language and Braille 2. CAPACITY BUILDING 2.1 Skills training 2.2 Transition to Work Program 2.3 Entrepreneurship/economic development 2.4 Leadership training 3. HIGHER LEVEL OF TRAINING 3.1 Lobbying and Advocacy 3.2 UNCRPD 3.3 Laws and Rights of Persons with Disability 3.4 Government Programs for Persons with Disability 3.5 International training 2. INTRODUCTION ON THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES by Mr. Lauro Purcil member, Philippine Coalition on UNCRPD Mr. Purcil started by asking the participants if anyone knows anything about the UNCRPD and varied answers were given like; Rights of Persons with Disability are recognized globally Rights of Persons with Disability are in the cornerstone of the UNCRPD, it is global and beyond boundaries It is important to understand UNCRPD for us to know our rights and how our government should take care of its PWD citizens. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 3 3 The UNCRPD is responsive because the main authors are persons with disability themselves and also the intended beneficiary. Mr. Lauro Purcil further explained that the UN Convention is a mandate to the Philippine government that was ratified in 2008 and came into force during the International Day of Persons with Disability in December 3 of 2008. There was a certificate of concurrence which means that all those who have ratified the Convention should adhere to the convention. Several articles were discussed but more focused on the following articles for women. Article 23 – requires states to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood, and relationships, including in the areas of family planning, fertility and family life. Article 25 – requires that states ensure equal access to health services for persons with disabilities, with specific mention of Sexual and Reproductive health and population based public health programmes Mr. Purcil highlighted the need of a PWD organization to be organized first and they should demand to be consulted and actively involve in the development and implementation process. Comments and Issues raised by Participants: A participant from Region 2 commented that even if the UNCRPD is a mandate to the government, most often PWD rights are not recognized by the Local Government Unit, what should be done to compel them to adhere to the UNCRPD. Mr. Lauro Purcil elaboratedly discussed Article 33 which discusses about National Implementation and monitoring, Article 4, General Provisions section 5 and 2, Article 35 talks about Reports by States Parties particularly section 1 and section 4 as answers to the comments of the participant and to ensure that the the government will adhere to the UNCRPD. Ms. Carmen Zubiaga also added that the government has the responsibility to submit a report on the implementation of the CRPD to the United Nations (Article 35 of the UNCRPD). Likewise, the Civil Society Organizations has the right to organize a group like the UNCRPD coalition and conduct consultation meeting with the sector to come up with a parallel reporting to the UN where discrepancies in the report shall be addressed. Another issue was raised by a participant from Mindoro and asked; what if the LGU do not give attention to PWD requests and appeal. Mr. Purcil quoted RA No. 6713 which discusses the duties of Public Office under the Civil Service Commission “Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and employees are under obligation to:” (a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request. With the above quoted section of the RA No. 6713, it was made clear to the participants that duty bearers are bound to attend to their constituent’s requests and letters regardless of the sector they represent. Mr. Lauro Purcil also discussed the General Appropriation Act known as RA 10155 specifically Section 29 states that: “All government agencies to allocate from their budget at least one (1) percent for programs and Projects Related to persons with disabilities which means it can even go higher than 1%. In the Special Provision of the same law, Section 9 mandates that ten (10)% of allocations for school desks, furniture and fixtures must be purchased from Cooperatives that manufacture and fabricate them and owned and managed by Persons with Disabilities.” With the above quoted section of RA 10155 known as the GAA, projects of persons with disability have a share in the budget in the LGU thru the Internal Revenue Allotment (IRA). With the sharing of knowledge, the participants get to know how to access support from the LGU if they conduct a certain project or activity. And section 9 of RA 10155 will also enhance the economic empowerment of PWDs thru the 10% allocation for school desks, furnitures and fixtures. With this information Women with Disability Organization should submit proposals to their LGU because the budget for PWDs are already mainstreamed. All we need to do is to participate in the Bottoms Up Budgetting in the LGU. Apart from this, there are also other windows where WWD could access funds from the government. 3. DISABILITY: A Human Rights Perspective by Mr. Ranil Sorongon, Executive Director, Autism Society of the Philippines and Member of the Phil. Coalition on UNCRPD Mr. Sorongon the third speaker for the day distributed a one page document to the participants before he started with his presentation. Participants should be able to identify whether the situation is a medical model or a human rights model after he has finished his presentation. He explained about disability often perceived from a medical point of view. The new and emerging thought about Disability is – it is an interaction of the Person and the Society, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. He also stressed that our perspective is very important because it is the way how we look at things or define them. Our orientation will greatly influence our actions. Mr. Sorongon also discussed about the paradigm shift from a medical model to a rights based model which the UNCRPD promotes. Disability should be taken from a human rights model means, providing reasonable accommodation to PWDs in order to become productive. Persons with Disability are not just beneficiary of charity works but should be treated as Rights holders. Person first Perspective, Rights Holder. People considered with Disability Include; Visually Impaired Hearing Impaired Physically impaired People with Down syndrome People with Autism Rare disease Taong Grasa – psychosocial disability Chronic Ilnesses such as HIV, Aids, Cancer ADHD (attention deficiency hyperactive disorder) Different Models Medical model – old perspective which defines Disability as a problem of a person who needs medical treatment A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 3 5 Functional Model – old perspective which defines person with disability as someone who is not able to function in a society because of impairment Environmental model – new way of perceiving disability as caused by social/physical environment that do not allow for difference Human Rights model – new way of seeing persons with disability who should enjoy the same rights enjoyed by other people New Way A Paradigm shift from a person who receives charity to a person who holds right. A PWD being a rights holder has the power to say what types of things she or he needs and not to be happy with just any gift that he receives. A rights holder is also a decision maker for himself. As Mr. Sorongon says “Rights are fought for and it is a process that we are now laying the grounds so that next generation to come will hopefully reap what we sow.” Person first perspective – rights holder Claim holder of rights – PWD Duty bearers – government employees Anything that is not written is uselss Rights maybe self evidence but is not executed Comments and Issues raised by Participants: One of the participant from Makati asked if the State report submitted to the UN is updated because women with disability are not included in the report. The State Report submitted to Geneva did not include Women with Disability because they have not implemented any programs to Women with Disability. If at all there are movement in the Women with Disability it is all because of the initiatives of the civil society organization like the Women on Wheelchairs Leap to Social and Economic Progress the biggest organization of Women with Disability in the Philippines. Women with Disability can not access rural health care services specially in the far flung areas because of the inaccessibility of the health centers In the consultation process, women with severe disability should be included because they are the ones with greater needs. The reason why we are doing the consultation meeting is to be able to show to the government that we are serious in advocating for our rights being claim holders. And our reports will be evidence based so that the International body will know the real situation of persons with disability. Day 2- February 1 The second day started with a prayer led by Joan Sotero from Gumaca, Quezon followed by the recapitulation of what has been transpired on day 1 session by Venus Cadabonda from Nueva Vizcaya. Presentations 1. EQUALITY AND NON DISCRIMINATION by Ms. Carmen Zubiaga, member Philippine Coalition on UNCRPD and Executive Director of the National Council on Disability Affairs Ms. Carmen discussed that the UNCRPD is the first ever binding agreement with the government to protect our rights and therefore we should feel the difference from where we were before and now. UNCRPD should not only remain as a document but should be applied in our daily life such as in school, transportation, marriage, relationship, workplace and social gatherings. Article 5 of the UNCRPD discusses Equality and Non-discrimination particularly section 4 which says “Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.” –de facto means rights that are inherent and are not written should also be respected. Equality – participants share their thoughts on equality Society is unfair towards women with disability Women with disability should be treated equally During consultation all types of disability should be well represented like; severely disabled, deaf and person with psychosocial problems Discrimination – prejudicial Types of Discrimination: Distinction – women with disability are regarded differently or with special recognition Restriction – recognizing women with disability’s participation but with limitations. Exclusion – preventing someone from participating Case Study on Discrimination Several cases were presented and participants were asked to identify what type of discriminations were experienced: Discrimination on Educational System Self discrimination Learnings is not gained in regular school because there are no SPED teachers Deaf are accepted in regular school but there are no sign language interpreters Family of persons with psychosocial problems should be the first one to take care of them. College graduate women with disability experienced discrimination at work. Even if they are qualified for the job they are not accepted because of their physical impairment. Blind software is an extra cost for the company The Bureau of Internal Revenue is not reinforcing the tax incenctive for companies hiring persons with disability. An experience of a WWD working in a call center which is not wheelchair access, she has to leave the wheelchair in his locker room and transfer to an ergonomic chair to reach her station. A woman with disability has an experience working in an office but the office is located in the second floor and she has to leave her wheelchair beside the stairs and crawl up to reach the office. Woman with disability experience problem with transportation to reach their workplace, access government services and health centers. To meet the labor market demand, there is a need for more skills training, capacity building. And we should also be assertive and determined to fight for our rights. We need to be confident and assertivenss should be tripled than non-pwds. One deaf participant shared her experience when she applied for work and the company did not accept her because of her hearing impairment. Work places are not accessible for deaf even if they pass the requirements and qualifications. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 3 7 Parents of Women with disability are judging the future of their daughter because of her disability. We should not tolerate this thinking instead we should initiate change on how our family perceive disability. 2. Understanding the context of Situational Analysis by Ms. Ana Fe Maravillas Ms. Ana Fe Maravillas presented how the Urban and Rural Setting respond to the UNCRPD by sharing her experiences with their LGU. First they organized themselves and called their group as Las Pinas Persons with Disabilities Federation Inc. or LPPWDFI with the support of their MSWD and inspired by the Makati Persons with Disabilities Federation. They have 15 associations in Las Pinas City and actively working together to lobby with their Local Government Unit and to the Barangay. Ms. Maravillas encouraged the women with disability to start lobbying with the barangay unit first before going up to the municipal, provincial and national level because the Barangay is the first entry point to tap support from the Government. She has shared the lessons learned during their partnership building with their LGU. To wit: 2.1 Women with disability organizations should acknowledge that the DSWD is their strongest ally so that they have strong support in lobbying with the mayor or with the barangay captain. 2.2 Participate and join Barangay annual investment plan and lobby for the inclusion of the organization’s projects and activities in this plan. 2.3 Women organization leader should know how to establish connection with a person from the barangay who can be their supporter or a friend to the organization 2.4 Develop women leaders in different barangays 2.5 Women organization should establish close coordination with secretary of local chief executives. 2.6 Compel members and leaders to participate in seminars, trainings conducted by the barangay and the LGU, be visible to the mayor and barangay captain. 2.7 Capacitate yourself on the different laws on persons with disability which you can use in your lobbying exercises so that the local executives will be convince that you know the legal basis of what you lobby. 2.8 Documentation of projects and activities 2.9 Compliance to reportorial requirements Women with Disability VISMIN Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) Cebu City February 10-11, 2013 Day 1- February 10 Opening Ceremonies Opening Prayer by Ms. Clora Clarin, President of PWD Organization, Cordova, Cebu City Welcome Remarks by Ms. Jocelyn Garcia Ms Joy gave the welcome remarks thanking everyone for participating in this very important activity in the sector which is the regional consultation and specifically women with disability thru the initiatives of the members of the Philippine Coalition on UNCRPD. Ms Joy asked the participants to introduce themselves and the organization they work with and their involvement with women with disability. A total of 40 women leaders participated in the consultation (please find attached registration). She also gave a rundown on the program for the two-day consultation. There will be a workshop and metacards will be distributed so that everybody gets the chance to share their thoughts. An open forum will be conducted right after the presentation of each speaker. One of the participants is Mayor Garin from Guimbal, Iloilo who will share her experiences in the LGU as mayor. Profile of participants from the Visayas and Mindanao Involve in the barangay, municipal and provincial level Reforestration of mangroves in Misamis Head of the Provincial Federation of women and has organized 12 organization in Cordova, Cebu Involve in the implementation of RA 9442 and the rights of women with disability in Lapu-Lapu city Davao LGU support to persons with disability is very strong and we can easily access their programs and services. We are lucky in Davao One of the participants from Guimbal, Iloilo is a bookkeeper and another one is barangay kagawad, another one is focal person for PWD working in the office of the MSWD Mayor Garin from Guimbal Iloilo expressed her thanks that she was invited because she is still learning on disability issues. She also said that in Guimbal, they are still starting to organize persons with disability and they are still in the infancy stage and by participating in the consultation meeting together with her constituents they will surely learn more to equip them in advocating and lobbying on the rights of PWDs. President of different Association of Women with Disability in Mindanao and one otheir focus now is to alleviate the economic condition of PWDs. Another participant is a volunteer interpreter and radio commentator and sits in the Board of Freedom Technology in Cagayan De Oro One participant who is visually impaired says its her first time to be in a women’s group she is more involve in low vision and sits as board in the Philippine Blind Union where she is the chairperson on commission of women with visual impairment. A graduate from American University in Washington and she is involve with the Federation of Persons with Disability in Region VI, Roxas City and she also sits in the LPRAT Bottoms Up Budgetting for 16 municipalities in Capiz the only women with disability . Presently she is facilitating the establishment of PDAO in Capiz and she would like to establish women with disability group in coordination with Ms. Joy. Unfortunately her LGU is not supportive on PWD organization. Most of the participants are heads of women with disability organization and actively involve in the promotion of the rights of women with disability Workshop Overview and Objectives by Ms. Carmen Zubiaga Ms. Carmen gave the overview of the consultation meeting and discussed the reason behind. She said that there has been an ongoing consultation with the sector in different A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 3 9 regions because the government will be submitting a state report on the implementation of the UNCRPD and therefore the sector should also come up with a parallel report to validate the state report of the Philippine government. She further explained that the Philippine government has ratified the UNCRPD in 2008 and we want to know from the grassroots level thru this consultation what has been done during the last two years since the entry into force of the UNCRPD. Disabled People’s Organization formed a coalition and planned out on how to really come up with a good and factual report on UNCRPD through consultation meeting with cross disabilities. There is also a special consultation with parents of persons with autism, persons with intellectual disability and downsyndrome.. Why women? Women with disability has unique needs that can not be identified with any cross disabilities. We need support group as a mother and as a woman We need support services in the community for domestic violence Women with disability were brought up with strong character but majority of them are living with very protective parents to the extent that we are not allowed to get married because of the stigma that as a woman with disability we can not take care of our husband and we can not rear a child. Women with disability is the least priority in the family, most often parents give priority support to a family member who can work and who can help in the family income. WOWLEAP has really made an effort to push thru the membership and expand in every region long before the entry into force of the UNCRPD by conducting women’s forum and thru this exercise, WOWLEAP was able to bring out the best in women with disability and many have emerged leaders of their own community. What has the government been doing to uplift the lives of women with disability? Are they included in the Gender and Development program? Participants answered NO Do they avail of free pap smear, free reproductive health services? Participants answered NO Is there a representation of women with disability in the national movement of women? NO Is there a ready information about women with disability? Participants answered NO Ms. Carmen explained that women with disability should be actively involve in the local development plan starting from the barangay level and quoted article 6 of the UNCRPD. Article 6 of the UNCRPD says that; “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” “States Parties 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.” Presentations 1. SITUATION OF WOMEN WITH DISABILITY by Ms. Jocelyn C. Garcia, President WOWLEAP The first presenter on day 1 was Ms. Jocelyn Garcia who presented the Women with Disability Situationer. According to World Health Organization report, 15% of world’s population are persons with disability and despite the large number there is no accurate data on women with disability. 1.1 On Economic Development Women with Disability’s usual livelihood is managing a sari-sari store and hog raising hence, the government should employ tailored intervention like; establishment of work centers. Thru the passing of the social enterprise bill covering the 14 basic sectors we are looking at a brighter future when this will finally become a law which will complement the EO 417 institutionalizing the economic empowerment of the marginalized sector where we belong. Presently the PWD leaders are working on the IRR of EO 417 because we want to strengthen the economic policy for women with disability. LGUS have the highest requirements of different supplies and services so WWD organization should know how to access this opportunity like the 10% as stipulated in EO 417. However, we also need to have track record that our organization has had transacted huge purchases from the LGU to vouch our credibility. 1.2 On Capacity Building and Skills Training Skills of women with disability do not meet the labor market demand the reason why many of them are still unemployed. We therefore recommend that more capacity building be provided to upgrade their skills and capabilities to meet market demand in the regular workforce. Women with Disability should also access working capital or start up capital for their business if they have entrepreneurship skills. Let us push the LGU to upgrade the trainings conducted to PWDS. 1.3 On Social Protection The PWD leaders are working out with the National Council on Disability Affairs for the provision of health insurance to all persons with disability likewise, we are also lobbying for an assistance for Personal Assistant for severely disabled who can hardly move around by themselves. 1.4 Women Leaders are working to change the attitude of duty bearers The LGU do not assist the organization of PWD or any complain of discrimination and if the rights are violated unless we are backed up by a strong organization or the NCDA. Given that fact, we as leaders should work to change the attitude of the duty bearers by knowing our rights. 1.5 Career Path Promotion of Women with Disability A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 4 1 Supported employment – the LGU should coordinate with the business sector for the employment of women with disability. Transition to Work Program – the LGU should appoint the PESO to undertake this program in its office to facilitate the entry into regular workforce of a woman with disability which includes social preparation, provision of accessible transport system, availability of sign language interpreters, brailled print outs. Job Coaching – the LGU thru the PESO office should assist the woman with disability by assessing her capabilities thru job skills matching. All these efforts are necessary because some women with disability are not ready to be mainstreamed like; they have no wheelchair, they get bed sores easily if they don’t sit on a right cushion. Persons who are hard of hearing need hearing aid. 1.6 On Reproductive Rights of Women with Disability WWD have the right to have a child WWD have the right to plan a family WWD have the right to be a member of a national movement for women “Article 23 – requires states to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood, and relationships, including in the areas of family planning, fertility and family life.” “Article 25 – requires that states ensure equal access to health services for persons with disabilities, with specific mention of Sexual and Reproductive health and population based public health programmes” During the focused group discussion, the participants validated the situationer presentation by the speaker 2. INTRODUCTION ON THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES by Ms. Joy C. Garcia, President, WOWLEAP The Philippines is the 23rd country who signed and ratified the UNCRPD in 2008 and entry into force on May 3, 2008. The Philippine government promises to take action to end discrimination based on disability. Therefore we need to educate the public, duty bearers and stakeholders. Involve persons with disability in decision-making. We as the beneficiary of the UNCRPD should be vigilant that the laws are strictly enforced, our rights are protected because we are rights holders and government employees are duty bearers. We need to tell the United Nations what the government is doing for PWDs. The Philippine government signed because they committed to make some changes in PWD situation. Ms Joy then asked the participants the meaning of advocacy and participants gave the following answers: To inform or pagpapaalam Promote awareness, advertise Influence the duty bearers To reach out Speak for oneself and for the issues of others We need to make societies change. Advocacy provides a way to do this. Change your life –educate yourself and your family Change your community – educate your community Change your country – educate your country Report on progress – gathering information to help solve human rights problems is called monitoring. Information is used to show how countries are treating persons with disabilities. And also expose human rights abuses. Human rights abuses occur when people can not enjoy their human rights. For instance not being allowed to go to school is a human rights abuse. Ms Joy further asked the meaning of lobbying; To negotiate To come up with proposals to lawmakers To effect changes on PWD situations We have the right to be treated as equal citizens, thus we have the right to safety. Safety at home, at school at the hospital and everywhere. It is not our disability that puts us at risk rather it is the attitude of the abusers. We have the right to choose where to live and what school we want to go to. We have the right to work and choose what kind of work we want to do. We have the right to marry and have children and we have the right to vote. We have the right to Privacy – our personal assistants or helpers should not divulge our secrets in respect to our individual rights. We have the right to be included in our community – we have the right for independent living thru the provision of personal assistants specially to severely disabled. We have the right to work, education and avail of health services. What HUMAN RIGHTS can do? Help us respect ourselves and our abilities Help us change our lives and communities for the better Allow us to say “This is a human rights abuse” when people with disabilities are treated badly The situation is changing because we have the CRPD. This law says we have human rights, Now people with disabilities need to claim their human rights. So they can enjoy them. 3. DISABILITY: A Human Rights Perspective by Ms. Carmen Zubiaga, Executive Director National Council on Disability Affairs Ms Carmen explained about Disability which is an interaction of the Person and the Society. Persons with disability are subject of charity but we have to change that perception as we are right holderswe have the right to access government funds, thus, the state should help us enjoy our rights. Person First Perspective, Rights Holder. People considered with Disability Include; Visually Impaired Hearing Impaired Physically impaired People with Down syndrome People with Autism Rare disease Taong Grasa – psychosocial disability Chronic Ilnesses such as HIV, Aids, Cancer A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 4 3 ADHD (attention deficiency hyperactive disorder) Different Models Medical model – old perspective which defines Disability as a problem of a person who needs medical treatment Functional Model – old perspective which defines person with disability as someone who is not able to function in a society because of impairment Environmental model – new way of perceiving disability as caused by social/physical environment that do not allow for difference Human Rights model – new way of seeing persons with disability who should enjoy the same rights enjoyed by other people 4. GENDER AND DEVELOPMENT by MS. CARMEN ZUBIAGA EXECUTIVE DIRECTOR, NATIONAL COUNCIL ON DISABILITY AFFAIRS SEX - refers to biological characteristics of being a man or woman. It refers to reproductive organs, body contours, genitals, hormones, genes, chromosomes GENDER – what makes one masculine or feminine, culturally determined, learned or expected behavior, changes across time. Role of Women with disability has limitations because of disability MANIFESTATTIONS OF GENDER BIAS Marginalization Lower wages; unequal pay for work of equal value Last hired, first fired Little or no access to loans Limited access to training and promotion opportunities Lower salary scales for women-dominated positions Takes care of everyone else first SUBORDINATION Less women in elective or appointive positions Women in lower positions in the bureaucracy Few women in policy – making level WOMEN with MULTIPLE Burden • Children and household responsibilities shouldered mainly by women on top of working hours outside the home • Women portrayed as homemakers/temptress • Assigned in weaker role DEVELOPMENT - is the capacity to do certain things and the capacity to be what one wants or could become 1. The Ability to provide for basic necessities 2. The ability to become persons with dignity and with high self esteem 3. She exercises freedom and responsibility THE EXERCISE FREEDOM AND RESPONSIBILITY CAPACITY TO DO DO PRODUCTIVE AND SATISFYING WORK HAVE CONTROL OVER ONE’S INCOME ENJOY NATURAL ENVIRONMENT PROCREATE AND REAR CHILDREN TRAVEL IN SEARCH OF OPPORTUNITIES GENDER IS A KEY AND A CRITICAL DIMENSION TO DEVELOPMENT FACTS ABOUT WOMEN WITH DISABILITIES Women with disabilities are the poorest of the poor around the world. In every sphere of life, women with disabilities in the developing world experience a triple bind: they are discriminated against because they are women, because they are disabled and because they are from the developing world. There are few educational opportunities for disabled girls. When there are opportunities for education, in special schools, boys usually receive them. Women with disabilities experience a high incidence of abuse--physical, emotional and sexual. Since most disabled women are hidden away in homes, this often happens within the family. Many women are disabled due to the practice of female circumcision and infibulation in parts of Africa, Asia and the Middle East. Women are disabled with urinary and gynecological infections, fistulas that prevent walking and through trauma induced by the procedure. The unemployment rate for disabled women in developing countries is virtually 100%. Women with disabilities have been forming their own self-help groups in their countries and at the world level. GAD at the LOCAL LEVELS – attaining sustainable development, carrying out the local mandates governing GAD, practicing good local governance More Effective More Efficient More Equitable LEGAL BASES Section 14, Article II of the 1987 Philippine Constitution Republic Act 7192 (Women in Development and National Building Act) Philippine Plan for Gender Responsive Development (PPGD) (1995-2025) Framework Plan for Women (2001-2004) Local Government Code (Basic Services) Section 28, General Appropriations Act of 1995 to 2000 (GAD Budget Policy) Executive Order 273 directing all national and local government agencies to institutionalize GAD Local Budget Memorandum 28 (5% GAD Budget) Workshop In all articles identified in UNCRPD, what priority issues they should focused on, considering the realities they were facing in their own localities. What are the barriers in implementing the same and their recommendations to conquer the barriers Issues Observations Right to be Safe in the community There is inclusive development and good governance in Opol Women with disability are safe. We get equal treatment from the LGU Discrimination Right for Inclusion in the community Weak implementation of Laws One PWD was not allowed by her parents to go to school because according to the parents she can hardly learn We get good treatment from our community, people don’t talk about us A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 4 5 Economic empowerment Disaster Preparedness Reasonable accommodation nor ridicule us, we get equal treatment. The Law on PWDs are very empowering but in reality, PWDs are not really accepted, Laws are not implemented strictly. There is a need for a sheltered workshop for PWDs Disaster preparedness training should be conducted so that women with disability can save herself in times of disaster Discrimination from employment Rescuers should know how to care women with disability in times of disaster specially in evacuation areas where wheelchairs are not accessible Awareness raising Non-provision of aisle chair in Zest air and Cebu Pacific/non availability of assistive devices Right to Privacy Letter of complain should be filed to Cebu Pacific and Zest Air, attach copy on the provisions for accessibility and laws on CRPD Follow up the case and closely monitor the airline company if they have complied One participant experienced discrimination from working in the government office. There should be orientation about the rights of persons with disability in government offices and educate them on UNCRPD Caregivers and Personal assistants are abusing severely disabled by stealing their personal belongings and saying other people about their private lives. Intensify training for caregivers and personal assistants I am a battered wife. Strengthen advocacy on women with disability on VAWC, violence against women and children Parents are over protective Seminar on early intervention and educate parents regarding children with disability. There are no sign language interpreters during court hearings hence, deaf women could not be understood. National Examinations should be available in Braille for the visually impaired examinees Ramps for wheelchair are too steep it is not safe to use WWD inclusion in Disaster Risk Reduction Management Drill Sidewalks are not safe for women with disability Blinking lights should be provided in the elevators/malls to signal emergency for the deaf people Some siblings and parents of women with disability read messages in their facebook account which violates their right to privacy Some women with disability can not make decision particularly in the matters of the heart which deprives them the right to establish relationship Family members of some women with disability are ashamed to introduce PWD members to their friends Lack of preparedness on the part of Women with Disability to apply for vacant positions Skills training and capacity building of WWD Lack of healthcare programs for WWD and some small hospitals or clinics do not have accessibility features EDUCATION EMPLOYMENT Intensify lobbying and advocacy efforts to duty bearers Lack of government support on Personal Assistants Support the lobbying of Independent living Bill Teachers in regular schools are not equipped enough to handle WWD specially those with intellectual disability in a regular class There should be skills training for teachers on handling Persons with Disability PWDs can hardly go to school because the school has no access features like ramps, grab bar and accessible toilet. The mayor in our LGU started hiring PWDs to work in the municipality Six persons with disability were hired in the Municipality of Opol. Skills training and scholarships were given to persons with disability There is a free check up and free medicines given by the Mayor of Opol Mayor Yasay There should be SPED school so that PWD can go to school Provision of Philhealth Provide special care to pregnant women with disability in the center A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 4 7 5% provision for PWD workers in private and public company should be implemented so that PWDs can have job Provide livelihood so that PWDs can be independent Capacity building to enhance self confidence as early as primary school to be included in SPED program Highways are not safe, no marking lines on the stairs, no large prints signages and transportation are not safe for visually impaired Lack of assistive devices for the blind There should be an annual check up for persons with disability for free Establish more training centers for independent living Capabilities of PWDs are disregarded due to “pleasing personality” requirement Women with Disability cannot afford the annual physical examination for early intervention and detection. Health care providers do not understand that WWE need regular check up like anybody else SPED centers are only established in urban areas Tertiary level education schools do not accept persons with disability because of non availability of sign language interpreters and Braille prints. For reasonable accommodation, make available rooms for PWD students Provision of a reader for blind exam-takers Sign language interpreters be made available for the deaf Put Signages on the loading and unloading for PWD passengers Conduct training on sign language to the front liners like the police, duty bearers, private and public workers, teachers, legal workers WWD should be involve in the access audit, monitoring of infrastructure projects of the DPWH and advocate for the rights Building permits should not be released unless PWDs have inspected and actually tried the access features of the new building Lack of information regarding sports and recreation that women with disabilities can participate in Make available linkages and networking with sporting organizations PWDs should also have a paradigm shift from being receivers only to being part of progress and nation building Educate persons with disabilities In our municipality, there have been changes like the presence of ramps accessible toilet grab bars because of the Mayor’s help and other organization. Our community used to see PWDs as illiterate people but now because of the strong advocacy and awareness raising our community has change and respect our rights PWDs in our community are joining sports because we were encouraged by our mayor The NHE project of JICA has helped change the views of the people towards PWD in the municipality of Opol, in addition we also now have the PDAO office Media should have a positive portray of persons with disability PWDs should be recognized in their contribution in the society Non-handicapping environment promotion in rural areas Political participation by exercising the right to vote and be voted upon. Increase Women legislatures in the congress Active participation of WWD in talent shows, sports and recreation Trainings and budgetary expenses denied to PWD athletes Society’s outlook on PWDs somehow change from charity based to rights based. 5. Equality and Non- Discrimination by Atty. Jessica S. Magbanua Types of Discrimination on the Basis of Disability: 1. Distinction- to differentiate ; give spcial regard or recognition. 2. Restriction -to limit or put boundaries. 3. Exclusion- to reject, prohibit or prevent from participation. Two types of Discrimination Direct (intentional )- for purpose Indirect (unintentional) - for effect 6. LGU Best Practices by Doc. Maureen Mata Doc Maureen Mata gave a brief background on how the Makati Persons with Disability Federation was realized and she shared their humble beginnings when the first Makati PWD Congress was organized in August 2004. With the assistance of the Municipal Social Welfare Department, other Barangays organized PWD self help groups. In JUNE 2006, MAKATI PWD FEDERATION, INC. was registered with the Securities and Exchange Commission with the following objectives: • To integrate all the PWDs in the City and promote their rights, welfare and development. • To contribute to the attainment of the vision of Makati City. • To serve as the umbrella organization of all PWD groups or associations in Makati City. It acts as a recognizing and accrediting body of PWD group in Makati and designs a continuing education program for PWDs on issues and laws affecting PWD. • To advocate for the passage of local legislations that address issues and concerns affecting the PWD sector. • To establish linkages and partnerships with government agencies and non-government organizations (NGOs) to uplift the economic and social well-being of PWDs. • to provide responsive programs and services geared towards the improvement of the general well-being of PWDs of Makati City. The membership is open to all officially accredited PWD self-help groups (PWD-SHGs) to the Federation in every barangay whose members are PWD, PWD relatives or duly designated guardian of a person with disability. The Federation’s major thrusts are: • Advocacy • Capability building • Networking • institutional strengthening As partner with the City Government of Makati: • The Federation actively participates in the implementation of its PWD programs and projects. The Constitution and By-laws of the MPWDF was ratified and the registration of the MPWDF with the Securities and Exchange Commission (SEC) was undertaken. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 4 9 32 Out of 33 barangays of Makati City has PWD chapter/Self-help groups organized and has their own desk of office in the barangay level Makati Social Welfare Department, Makati Health Department, Department of Environmental Services, and the Makati Training Placement and Livelihood Consortia (MTPLC). Likewise, it maintains its networking with National Government Agencies (i.e., Department of Education and TESDA), the Church, private sectors BARANGAY LEVEL • participate in formulating gender-responsive plans, programs and projects of the barangay Annex D FOCUS GROUP DISCUSSION A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability in the Context of Gender Equality and Women Empowerment May 20, 2013, 8 AM to 5 PM National Council on Disability Affairs NCDA Building, Isadora Street, Barangay Holy Spirit, Diliman, Quezon City, Philippines 1127 Facilitators: Jerome Zayas and Joy Garcia Documenter: Maria Criselda Bisda LIST OF PARTICIPANTS 1) TIFFANY DELLOMAS, Rehabilitation Staff, Resources for the Blind Inc. 2) RACHEL AMASAN, Guide, Resources for the Blind Inc. 3) JEMUEL JAPSON, Interpreter, Filipino Interpreters Network 4) DINDO PARULI, Interpreter, Filipino Interpreters Network 5) VIRGIE MONTILLA, Admin Staff, Tahanang Walang Hagdanan Inc. 6) JOY GARCIA, COO, Tahanang Walang Hagdanan Inc. and President, WOW-Leap, FGD Facilitator 7) JOSEPHINE DE VERA, President, Katipunan ng Maykapansanan sa Pilipinas Inc. 8) CHIT SINGAYAN, SEPS-OIC Assistant Chief, Department of Education 9) JUNICE MELGAR, Executive Director, Likhaan 10) HONEY CASTRO, Project Officer 4, Presidential Commission on Women 11) MARIA CRISELDA BISDA, Documenter, Persons With Disabilities Advocating for Rights and Empowerment (PARE) 12) REYNALDO REFRAN, Guide, Nationwide Organization of Visually-Impaired Empowered Ladies 13) MAUREEN AVA MATA, Member, WOW-Leap 14) MA. LUCIA MAGALLONA, Faculty Member (Physical Therapy), UP Manila College of Allied Medical Professions 15) CARMEN R. ZUBIAGA, Executive Director, National Council on Disability Affairs A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 5 1 16) JEROME ZAYAS, Principal Investigator FGD Facilitator 17) JO DESPI, Staff, National Council on Disability Affairs 18) MATEO LEE, Deputy Executive Director, National Council on Disability Affairs DISCUSSION PROPER MORNING SESSION Carmen Zubiaga was asked to deliver the welcome remarks. Carmen Zubiaga (NCDA): I’m very happy that NCDA is part of the Country Gender Assessment study. There are a lot of women issues especially with women with disabilities (WWD). When we founded WOW LEAP, we tried to attend to the issues of WWDs, but apparently nobody wants to support our cause. We tried to focus on economic empowerment and discovered along the way that women with disabilities have basic needs that require higher attention. When I got back to the Philippines from a work assignment in another country, there were very few women with disability participating in social activities. Mainstream women’s organizations and even disabled people’s organizaions are not carrying the issue of women with disability. But over the last 10 to 12 years, there are more women with disability who are coming out and making their presence felt in consultations and other activities by the disability sector. I hope that this Country Gender Assessment will be beneficial. This evidence – based study will be a good ground or basis of a lot of opportunities for development and in addressing issues of women with disability. Thank you to Australian Aid, WOW LEAP, and Persons with Disabilities Advocating for Rights and Empowerment (PARE). Joy Garcia (Lead Facilitator) requested all participants to introduce themselves and the organizations they represent. After which, she formally opened the program by asking Jerome Zayas to conduct a presentation about the Thematic Paper on WWD for the 2012 Country Gender Assessment. In between the presentation, participants shared ideas and comments, as follows: Junice Melgar (Likhaan): Responsible Parenthood Act also talks about outreach programs, PWD friendly lavatories, sensitizing health workers about disability should be done and should be given an attention to. The law talks also about PWD health care. She admitted that she has been largely unaware of the issues of women with disability until only recently when they started being engaged in disability fora and meetings. Maureen Ava Mata (WOW-LEAP): During my clerkship, I experienced a lot of discrimination and negative perceptions from my peers. One of our supervising doctors asked me to lead the delivery of a pregnant patient. He told me that if I would be able to do the extraction of the infant successfully, he would return my crutches. I was told that I was accepted in the medical school not because of the merits of my intelligence hence, I was pitied because I have a disability. Years went on, and I was able to successfully lead the deliveries of PWD mothers and have tried to prove my peers wrong. Junice Melgar (Likhaan): When you talk about reproductive health, medically, a patient may die while giving birth. Jerome Zayas added that in all sections in the laws on disability, no mention of women or anything about women and girls. The inter-agency reports on VAWC being coordinated by the Philippine Commission on Women (PCW) contain no data about women with disabilities. Commission on Human Rights (CHR) expressed interest to capture data about women with disability but they don’t know how. Capturing disability data requires a different skills set and the right tools. Honey Castro (PCW): We (PCW) are just a policy making and coordinating body. We rely on secondary data given by PNP or DSWD. The interagency reports on VAWC only cover violations of RA 9262. That’s one of the reasons why we don’t have data on women and girls with disabilities. Josephine De Vera (KAMPI) : We focus on women with disabilities especially those who are victims of crimes. Like deaf women for instance. It’s hard to interview a deaf victim at the NBI without an interpreter. All regions must have an interpreter. I’m happy that there’s a study like this (referring to the Thematic paper on Women and Girls with Disability) so we can dissect where the problems are coming from, and why the problems are not being attended to. Maureen Ava Mata (WOW-LEAP): A girl with autism from our area was raped. In the barangay report, no mention on disability or type of disability. It mentioned only age, gender and what happened but no mention on disability at all. Joy Garcia (Lead Facilitator): It’s hard when the PWD victim has intellectual disability. They are often thought to be the one seducing the perpetrators. As a result, the PWD victim becomes the ones who are thought to have provoked rape. Wrong or traditional beliefs about WWD not being allowed to get married and get into relationships, is happening not just in the provinces, but even here in Manila. It is still happening even in this modern age. Tiffany Dellomas (Resources for the Blind): I have visited a lot of blind persons in our CBR program in a lot of provinces, a lot of BLIND AND LOW VISION PERSONS are kept at home, not allowed to go to school. Caregivers still bathe their PWD members. PWDs are not independent. Virgie Montilla (Tahanang Walang Hagdan): TWH also experience the same in our CBR initiatives. We found somebody who was raped and has an intellectual disability. Lucia Magallona (UP-CAMP): it is the attitude of the people. We have to begin teaching kindergarten, revise the K12 program, and make it an inclusive curriculum where subjects or matters about persons with disabilities are included. It’s a baby step, but we have to join hands in making this happen. Joy Garcia: Your suggestions were also mentioned in NDPR week. Why don’t we invite other sectors, so that they would understand better our causes? Invite private or business sectors during our gathering or consultations so they can directly feel and see the causes we fight for. Chit Singayan (DepEd): Why don’t I hear inclusive activities of organizations in provinces? Usually it is only here in Manila. I do not know anything in the provinces. Virgie Montilla (Tahanang Walang Hagdan): There are circulars brought down to local government units, to the barangays and to other provinces. It’s hard for PWDs in the remote areas. Often, they are unable to participate because of lapses with the communication from national to local government. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 5 3 Josephine De Vera (KAMPI): There are budget allocations, but these are being diverted to other projects, that’s why PWD events have no adequate funding. There is a budget for PWDs but it is not being programmed. It is always giving out T-shirts, food and other dole outs whenever you write to government agency for additional funds. Maureen Ava Mata (WOW-LEAP): In Makati, the budget will not be approved unless there’s a program for PWDs in place. Barangay of Makati work hand in hand with their DPOs. Joy Garcia: Programs are normally based on the official or mayor who is seated. If the government official has programs and concerns with PWDs, then there will be one, but if not, no PWD program is developed. That’s why it’s also hard for PWD orgs or DPOs to push for a project because it also varies with the person elected in the post. Jo Despi (NCDA): NCDA is not the only one bringing down the directives to local government. Even NCDA is having difficulties obtaining a budget particularly for WWDs because it’s something new to LGUs and they only know of PWDs in general, a sub sector like WWD is very new to them. Men with disabilities (MWD) are questioning why WWDs are separated especially in requesting for budget support. Maureen Ava Mata (WOW-LEAP): In Makati, we push women projects through women’s watch coinciding with women’s month. That’s why we get a budget. Joy Garcia: DILG is now launching a project where they search for the most socially responsive LGU especially to the PWDs. Maureen Ava Mata (WOW-LEAP): I don’t think there is a socially responsive PDAO but there is GAD responsive PDAO which is in Makati. Joy Garcia: Why do we have to check the problems of men with disabilities? If they have issues, then they have to fight for it the way we do. WWDs experience a very difficult situation to get employed. We can cite as an example the call center industry. There are more men with disabilities who get more job opportunities because they can travel at night using motorized wheel chairs or motorcycles. Whereas with WWDs, they would have to always hire a cab which is too expensive. WWDs are also more vulnerable when going to work, especially late at night. Josephine De Vera (KAMPI): It seems that foreign employers prefer to hire PWDs. My German boss asked me to look for other PWds to become employees. We were 26 PWDs back then. It is the loyalty of a PWD employee that foreign bosses love about PWDs. Junice Melgar: Which government agency is in charge of the development framework for persons with disability? Joy Garcia: It’s NCDA that’s the lead agency however it is very important that other government agencies have their own PWD related programs. All government agencies must also have their own planning about persons with disabilities, especially that UNCRPD is now here. Another problem is, there’s no benchmark for government studies. Philippine coalition on UNCRPD is conducting their own studies and datagathering of PWDs so they can check the role and efforts of government to PWDs. Jo Despi (NCDA): NCDA is a policy making body which partners with DOLE, DSWD, DILG and other agencies which are bound to create program for PWD. NCDA is the over all secretariat and monitoring agency to check if other agencies follow the law and do programs for PWDs. Joy Garcia: GAA 1% is the total budget for PWD and senior citizens. This is the allocation for persons with disabilities. Honey Castro (PCW): We have also seen entries from DSWD that they have programs for PWDs. But there’s no analysis yet as to where the budget went, what type of programs did they channel this too. It’s not clear whether programs for PWDs in general are responsive to women with disabilities. PCW is like NCDA, we are also policy making and monitoring body. Under President Aquino , there’s a WEDGE program (women and development for gender and equality) which was launched. Joy Garcia: A lot of agencies are now planning for inclusive programs for PWDs, like the DOH which consulted the PWD sector for their five year plan. Virgie Montilla (Tahanang Walang Hagdan): WOW-Leap and TWH are part of the consultative body when the WEDGE program was created. AFTERNOON SESSION Junice Melgar (Likhaan): Census should provide guidelines on how they did the survey of PWDs. There is a need to increase the credibility of statistics. Krissy Bisda: First, they have to define Disability. Disability is not just sensory, it includes, chronic illness, psychosocial disability, internally displaced persons, Learning disability etc. If this will be defined and based on a standard measure, for sure the population rate that will be obtained would be higher and be more reliable. Joy Garcia: Regarding the definition of disability, I was part of the FGD with DOH regarding disability definition. PWD sector does not agree on the latest census report about the accuracy of PWDs in the Philippines. We were never visited by the census enumerators in Rizal. Josephine De Vera (KAMPI): One of our ways to know the PWD population is through issuance of PWD ID. But I’m not saying that this is an effective way of checking the population, but in a way it gives you something at least. Jerome Zayas: One tool that we could use in better capturing disability data is through the ICF developed by the World Health Organization. The University of Melbourne developed another tool, the Rapid Assessment of Disability, which they used in Fiji and Bangladesh. Junice Melgar (Likhaan): Magna Carta for Women is very powerful , it’s unfotunate that WWDs are not there or has no separate section. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 5 5 Maureen Ava Mata (WOW-LEAP): We have submitted a paper published sent to China about women with disabilities related to article 6 of UNCRPD. Magnacarta of Women is welfare by nature in comparison to UNCRPD. Joy Garcia: The PWD sector is lobbying for rights – based approach and trying to abolish the needs – based approach. When the rights of women with disabilities are not mentioned, it is not meeting their needs. DSWD’s defense is, they are changing their mindset. They have developmental and livelihood projects now for PWDs and no longer for welfare or subjects for welfare alone. PWD sector lobbied for CCT for PWDs, now we have modified CCT for PWD. Virgie Montilla (Tahanang Walang Hagdan): DSWD has now an evolving mindset about PWDs. From welfare to empowerment. DSWD used to treat PWDs objects of charity. It is important that in every discussion or consultation, DSWD must be present so we can better influence them. Maureen Ava Mata (WOW-LEAP): Is there a way to amend the Magna Carta of women? Honey Castro (PCW): Even if the Magnacarta of Women has been established last 2009, it is not still fully implemented. Instead of amending the Magna Carta of Women, it may be better to amend Magna Carta for Disabled Persons (Republic Act 7277), then put a specific sections for women with disabilities that has gender lenses. In terms of sending nominees to the PCW Board, I would suggest that the PWD sector send a recommendation to President Aquino. Junice Melgar (Likhaan): Gender means balance and equality. The law covers even women. Joy Garcia: To do amendments, lobby and create a position statement. We need to emphasize and highlight the needs of persons with disabilities especially WWDs, even if there are already things that are written for person with disabilities. Jo Despi (NCDA): Leaders are often patriarchal especially in the provinces. It’s really hard for women to speak or voice out their concerns. Women can’t speak for themselves, “sisikuhin lang ng asawa, hindi na magsasalita.” Lucia Magalona (UP-CAMP): When we do amendments there’s really a need to mention women’s rights or policies. We have to align it with UNCRPD especially for women. Even if it’s “persons” it doesn’t cover women. Chit Singayan (Dep-Ed): If we are fighting for inclusion or equality, we should not mention or highlight women in particular. Why do we have to fight or do more efforts for women if the law says “persons”. Let’s include provisions more for women but it shouldn’t appear as if we’re excluding men. If we conduct study for women, it’s better if we invite men with disabilities so we hear their thoughts and ideas for amendments. Josephine De Vera (KAMPI): We also have KALIPI group now, and Philippine Women’s League. Empowering responsible parenthood for men and Men Oppose to Violence Against Women Everywhere or MOVE. Honey Castro (PCW): Another sub-sector within the PWD sector is PWD detainees. They have their specific needs. GAD Parole does not even have sign language interpreters. Jail management is very poor especially in handling PWDs. Joy Garcia: Executive Order 417, economic empowerment of PWDs, covers also work centers for PWDs, at least they have work available for those PWDs without high attainments in education. 10% of the budget of the governement must be for the procurement of the needs of PWDs. Chit Singayan (Dep-Ed): Department of Education has a program for child protection. Joy Garcia: In the ALS or Alternative Learning System program of Department of Education, PWDs were segregated. How do you go about this situation in terms of inclusive education? Jerome Zayas: Do you encounter or do you have reported cases of abused women in school and how do you document the reports? Chit Singayan (Dep-Ed): Complaints or reports should go through the school first, then to the Division office, then to the central office. After which, it would go to the legal department. There are also trials in Department of Education office. Junice Melgar (Likhaan): Even in the health sector, they don’t talk to the ones with intellectual disability, they talk to the companion. In the same way that LGBT did, PWDs must also help the health professionals in dealing with PWDs properly. Jo Despi (NCDA): When NCDA creates a project for women with disabilities, that’s the only time we get support from other agencies. It is actually DPOs that usually initiatesa program for WWDs. Joy Garcia: PWDs already have bad experiences with Cebu Pacific. “Para akong kinargang baboy.” No accessible wheel chair for PWDs. No orientation how to manage passengers with disabilities. We have reported this already to DOTC. We are really appealing to the lead agencies of the government to really support the initiatives of PWDs. Reynaldo Refran (NOVEL): Even persons with disabilities issue on equal enjoyment for entertainment is denied. A visually impaired woman participant of a game show at a large television network was denied to move to the taping of episode due to safety reasons. A blind person is unable to climb up a 15 – foot stage despite the fact that she topped the preliminary exams. This was the presented reason why she was disallowed to continue. Another incident with the same station is, a group of wheel chair users watched a variety show. They were placed in a holding area with huge TV screens so they would be able to still watch the show live. The organizers said that, if TV audience would see them on camera, they would think that the show is a charity program. These things are very descriminatory. Joy Garcia: Like Ms. Philippines WSV, even if you don’t go nude, there’s an inner beauty in a person with disability. It’s a strategic manner of showing the world. It’s a way to empower new leaders especially women leaders. It’s a way also to improve personalities of women with disabilities. My question is why PCW does not support the contest? This project does not comodify the WWDs. Lucia Magalona (UP-CAMP): To do or create gender responsive programs, we should determine the needs of persons with disabilities. Then from there, you can create a program that would exactly attend the needs. A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context of Gender Equality and Women Empowerment 5 7 Josephine De Vera (KAMPI): At KAMPI, we are continuously doing capacity building workshops for women with disabilities. Junice Melgar (Likhaan): Why don’t we document all descriminatory accounts of PWDs? Are these cases documented? These are really blatant discrimination. Carmen Zubiaga (NCDA): We are very scared with RH bill especially for persons with psychosocial and intellectual disabilities. Majority of parents of such cases usually go for voluntary or forced sterilization or ligation of their children with intellectual and psychosocial disabilities. We certainly understand the worries and fears of parents why they are persuaded to subject their children to such procedure but we have to make sure that these people still enjoy their rights and can still decide what’s best for themselves. Junice Melgar (Likhaan): RH bill will punish those who will coerce men and women to go for ligation or any pregnancy. There is a need to address misconceptions about the RH law as it pertains to women with disability. Carmen Zubiaga (NCDA): We don’t want the guardians or anybody else to decide on behalf of PWDs. SYNTHESIS AND RECOMMENDATIONS 1. Support conduct of research to gather evidence as basis for policy and programs for women with disability. One such research is by documenting cases of women with disability who experience discrimination and abuse. Another is by supporting research on cost benefit of CBR. 2. Amend the Magna Carta for Disabled Persons by aligning it with the UNCRPD provisions - to be spearheaded by the NCDA sub-committee on policy and legislation 3. Write to President Aquino to segregate senior citizen and PWDs in budget alocations and programs. 4. Recommend to revive the search for a commissioner at Philippine Commission on Women (PCW) to represent women with disability sector. 5. Amend EO 437 by looking at how PDAO and CBR provisions can be harmonized. 6. Train government frontliners on disability sensitivity and sign language [End of Focus Group Discussion]