Violence against People with Disabilities

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Violence against People with Disabilities
Inter State Leadership Workshop for PWDs 26th -
28th March 2010 S.D.C. Purulia Road, Ranchi
Nalini N Paul Programme Manager Disability VSO
India Nalini.paul_at_vsoint.org
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How do we define violence?

• "the intentional use of physical force or power,
  threatened or actual, against oneself, another
  person, or against a group or community, that
  either results in or has a high likelihood of
  resulting in injury, death, psychological harm,
  maldevelopment, or deprivation."

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How do we define violence?

• Self-directed violence refers to violence in
  which the perpetrator and the victim are the same
  individual and is subdivided into self-abuse and
  suicide.
• Interpersonal violence refers to violence between
  individuals, and is subdivided into family and
  spouse/intimate partner and community violence.
  The former category includes child maltreatment
  intimate partner violence and elder abuse, while
  the latter is broken down into acquaintance and
  stranger violence and includes youth violence
  assault by strangers violence related to
  property crimes and violence in workplaces and
  other institutions.
• Collective violence refers to violence committed
  by larger groups of individuals and can be
  subdivided into social, political and economic
  violence.

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Topology of Violence
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Violence and PWDs

• The risk of abuse for people with disabilities is
  at least twice as high and may be five or more
  times higher than for the general population.
• Children with any kind of disability are more
  than twice as likely as children without
  disabilities to be physically abused, and almost
  twice as likely to be sexually abused.

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Violence and PWDs

• People with developmental disabilities have a 4
  to 10 times higher risk of becoming crime victims
  compared to those without disabilities.
• Persons with developmental disabilities have a
  high risk of being sexually abused. One
  researcher estimates that 90 of people with
  developmental disabilities will be sexually
  victimized in their lifetime, yet only 3 of the
  assaults will ever be reported.

(Sobsey Doe, 1991 Tyiska, 1998).
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Kinds of violence

• Coercion Threat
• Threatening to hurt the person, withhold basic
  support and rights, terminate relationship and
  leave the person unattended, Using consequences
  and punishments to gain compliant behavior.
  Pressuring the person to engage in fraud or other
  crimes.
• Intimidation
• Raising a hand or using other looks, actions,
  gestures to create fear. Destroying property.
  Displaying weapons.
• C. Caregiver Privilege
• Treating person as a child, servant. Making
  unilateral decisions. Defining narrow, limiting
  roles and responsibilities. Providing care in a
  way to accentuate the persons dependence and
  vulnerability. Giving an opinion as if it were
  the persons opinion. Denying the right to
  privacy. Ignoring, discouraging, or prohibiting
  the exercise of full capabilities.

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Kinds of violence

• Isolation
• Controlling access to friends, family and
  neighbors. Controlling access to phone, TV,
  news. Limiting employment possibilities because
  of caregiver schedule. Discouraging contact
  with social worker or advocate.
• E. Minimize, Justify, Blame
• Denying or making light of abuse. Denying
  physical and emotional pain of people with
  disabilities. Justifying rules that limit
  autonomy, dignity, and relationships for
  programs operational efficiency. Excusing
  abuse as behavior management or caregiver stress.
  Blaming the disability for abuse.

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Kinds of violence

• Withhold, Misuse, or Delay Needed Supports
• Using medication to sedate the person for
  convenience. Ignoring equipment safety
  requirements. Breaking or not fixing adaptive
  equipment. Withdrawing care or equipment to
  immobilize the person. Using equipment to
  torture people.
• G. Economic Abuse
• Using persons property and money for benefit.
  Stealing. Using property or money as a reward
  or punishment. Making financial decisions based
  on agency or family needs. Limiting access to
  financial information and resources resulting in
  unnecessary impoverishment.
• H. Emotional Abuse
• Punishing or ridiculing. Refusing to speak
  and ignoring requests. Ridiculing the persons
  culture, traditions, religion and personal
  tastes.

Adapted and reprinted with permission from
Wisconsin Coalition Against Domestic Violence
Newsletter (Winter 1996/97), 15(4). Published
from Madison, Wisconsin. 608/255-0539.
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How do we address the issue

• Individual and group counseling for persons who
  have experienced sexual abuse/assault, domestic
  violence
• Provide awareness/ education to reduce the risk
  of future abuse
• Offer information to explore safe options and
  access necessary community resources.
• Physically and programmatically accessible
  services
• Community trainings for disability service
  providers to promote awareness about issues
  relating to violence and abuse perpetrated
  against people with disabilities
• Build community level PWD leaders

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Provisions under the law

• THE PWD ACT 1996
• The Persons with Disabilities (Equal
  Opportunities, Protection of Rights and Full
  Participation) Act 1995 came into force on
  February 7, 1996.
• This Act promotes, equal opportunities for
  persons with disabilities, protects their rights
  and grants them full participation so they are
  integrated into society and their rights are
  realised.
• Denying PWDs access to their rights such as
  right to education, access, medical, aids and
  appliance etc. amounts to violence. Hence, people
  with disabilities have right to re-course.

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Provisions under the law

• THE UNCRPD
• The purpose of the UNCRPD is
• 1. To promote, protect and ensure the full and
  equal enjoyment of all human rights and
  fundamental freedoms by all persons with
  disabilities, and
• 2. To promote respect for their inherent dignity.
  (Article 1)

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Provisions under the law

• THE UNCRPD VIOLENCE
• Article 13 Access to justice
• States Parties shall ensure effective access to
  justice for persons with disabilities on an equal
  basis with others, including through the
  provision of procedural and age-appropriate
  accommodations, in order to facilitate their
  effective role as direct and indirect
  participants, including as witnesses, in all
  legal proceedings, including at investigative and
  other preliminary stages.
• 2. In order to help to ensure effective access
  to justice for persons with disabilities, States
  Parties shall promote appropriate training for
  those working in the field of administration of
  justice, including police and prison staff.

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Provisions under the law
THE UNCRPD VIOLENCE

• Article 15Freedom from torture or cruel, inhuman
  or degrading treatment or punishment
• No one shall be subjected to torture or to cruel,
  inhuman or degrading treatment or punishment. In
  particular, no one shall be subjected without his
  or her free consent to medical or scientific
  experimentation.
• 2. States Parties shall take all effective
  legislative, administrative, judicial or other
  measures to prevent persons with disabilities, on
  an equal basis with others, from being subjected
  to torture or cruel, inhuman or degrading
  treatment or punishment.
•  

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Provisions under the law
THE UNCRPD VIOLENCE Article 16Freedom from
exploitation, violence and abuse 1. States
Parties shall take all appropriate legislative,
administrative, social, educational and other
measures to protect persons with disabilities,
both within and outside the home, from all forms
of exploitation, violence and abuse, including
their gender-based aspects. 2. States Parties
shall also take all appropriate measures to
prevent all forms of exploitation, violence and
abuse by ensuring, inter alia, appropriate forms
of gender- and age-sensitive assistance and
support for persons with disabilities and their
families and caregivers, including through the
provision of information and education on how to
avoid, recognize and report instances of
exploitation, violence and abuse. States Parties
shall ensure that protection services are age-,
gender- and disability-sensitive.
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Provisions under the law
THE UNCRPD VIOLENCE
3. In order to prevent the occurrence of all
forms of exploitation, violence and abuse,
States Parties shall ensure that all facilities
and programmes designed to serve persons with
disabilities are effectively monitored by
independent authorities. 4. States Parties
shall take all appropriate measures to promote
the physical, cognitive and psychological
recovery, rehabilitation and social
reintegration of persons with disabilities who
become victims of any form of exploitation,
violence or abuse, including through the
provision of protection services. Such recovery
and reintegration shall take place in an
environment that fosters the health, welfare,
self-respect, dignity and autonomy of the person
and takes into account gender- and age-specific
needs. 5. States Parties shall put in place
effective legislation and policies, including
women- and child-focused legislation and
policies, to ensure that instances of
exploitation, violence and abuse against persons
with disabilities are identified, investigated
and, where appropriate, prosecuted.
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Strategies
Sno. Broad Framework Action Points Support Needed Timelines Person Responsible
1. Individual and group counseling for persons who have experienced sexual abuse/assault, domestic violence
2. Provide awareness/ education to reduce the risk of future abuse
3. Offer information to explore safe options and access necessary community resources
4. Physically and programmatically accessible services
5. Community trainings for disability service providers to promote awareness about issues relating to violence and abuse perpetrated against people with disabilities
6. Build community level PWD leaders

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Thank you!