COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part V. Rights of Vulnerable Groups. 5/11   
4. Rights of Women with Disabilities
Throughout the world there exist universal negative attitudes about disability, which
are harmful and humiliating to disabled men and women. However, disabled women face an
extra burden in that they suffer from double discrimination by virtue of their
sex, as well as their disability. It is this double discrimination that results
in many women and young girls being denied their basic human rights.
The combination of male preference in many cultures and the universal devaluation of
disability can be deadly for disabled females. These women face low expectations and
discrimination from societies that explicitly devalue the well being of both women and
people with disabilities who remain entrenched in poverty and isolation.
Selective abortion is a related reproductive rights issue of great concern to women
with disabilities. Today, in both industrialized and developing nations with access to
reproductive technology, it is becoming easier to utilize selective abortion if a foetus
is considered "imperfect" by medical profession's or society's standards.
Legislaton which permit sterilization of people with disabilities, threatens both the
rights of disabled women to procreate and the very existence of children born with
disabilities. Certain countries have laws which mandate the forced sterilization of
persons with genetic defects. In 1996, the American Congress amended the law to include
forced sterilization as grounds for refugee status.
For the first time, hundreds of women with disabilities joined non-disabled women in
Beijing, China for the UN Fourth World Conference on Women and specifically addressed
issues of particular concern to women with disabilities. Two hundred women with
disabilities and their allies from over thirty nations at the First International
Symposium on Issues of Women with Disabilities outside of Beijing the day before the
opening ceremony for the NGO Forum. This meeting marked the largest international
gathering of women with disabilities anywhere, ever. Armed with a commitment to the ideals
of inclusion, freedom and independence for women with disabilities, activists worked to
translate into action workable strategies for change. In the wake o the NGO forum,
international groups such as Women's International Linkage on Disability (WILD) was formed
to communicate on local and international disability rights issues affecting women.
Rule 9.3 of The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities provides that States "...should promote measure to change
negative attitudes towards marriage, sexuality and parenthood of persons with
disabilities, especially of girls and women with disabilities, which still
prevail in society." (emphasis added).
Article 45 of the World Programme of Action concerning Disabled Persons
speaks of the special situation of women with disabilities. It speaks of social, cultural
and economic obstacles that affect the health of women. Disabled women have a lack of
access to health care, vocational training and employment.
In developing countries, women are too often denied access to education,
rehabilitation, labour protection, and health care because of cultural preferences for
males. It is seen as a waste of resources to help disabled women become productive members
of society. Consequently, women with disabilities are the last priority in these
countries, and are condemned to live their lives knowing that they will not improve.
Disabled women's lack of access to health care will aggravate their disability and make it
difficult for them to be rehabilitated quickly; this in turn, ensures that their positions
will not improve.
Violence perpetrated against women is one of the major causes of disability among women
in developing countries. Rape of women and girls in situations of armed conflict, whether
civil or international, constitutes by definition a grave breach of international human
rights and humanitarian law. Article 27 of the Fourth Geneva Convention states that
"...women shall be especially protected against any attack on their honour, in
particular against rape, enforced prostitution, or any form of indecent assault."
Article 147 includes in the list of acts constituting grave breaches of the Convention
"...wilfully causing great suffering of serious injury to body or health."
International human rights law depends on international consensus in order for
effective implementation; however, States do not all agree on what constitutes discrimination
against women. Roles may be assigned to women that vary from culture to culture, and
these different cultural roles may or may not be discriminatory from one culture to the
next. Protection of women's health rights may be addressed through the judicial system at
the international, regional, and / or national levels; however; redress at the
international level is limited. Treaties also contain measures for assuring the
accountability of States for their actions. Unfortunately, any one of these alone may not
offer sufficient protection of women's health rights. Therefore, consensus on the
international level is crucial to protecting women's rights:
4.1 Other International Legal Norms Concerning Women with
Disabilities
The second paragraph of the Charter of the United Nations provides
that the people of the United Nations are determined "...to reaffirm their faith in
fundamental human rights in the dignity and worth of the person (and in) the equal rights
of men and women...." Article 1 (3) sets out one of the purposes of the United
Nations as: "...promoting and encouraging respect for human rights and
fundamental freedoms for all without discrimination as to (...) sex..." (emphasis
added).
Article 13 calls for the General Assembly to initiate studies and to make
recommendations for the purpose of "...assisting in the realisation of human rights
and fundamental freedoms for all without distinction as to (...) sex..." (emphasis
added). Article 55 (c) provides that the United Nations shall promote "...universal
respect for, and observance of, human rights and fundamental freedoms for all without
distinction as to (...) sex..." (emphasis added). Furthermore, article 56 states that
"...all members pledge themselves to take joint and separate action in co-operation
with the Organization for the achievement of the purposes set forth in Article 55."
As recognized since the 1970 Declaration on Principles of International Law, this creates
a Charter-based duty to respect and to observe human rights.
The Preamble of the Convention on the Elimination of All Forms of
Discrimination against Women states that "...discrimination against women
violates the principles of equality of rights and respect for human dignity, is an
obstacle to the participation of women, on equal terms with men, in the political, social,
economic, and cultural life of their countries, hampers the growth of the prosperity of
society and the family and makes more difficult the full development of the potentialities
of women in the service of their countries and of humanity." The Convention is also
concerned that women in poverty have the least access to food, health, education,
training, and opportunities for employment and other needs.
Article 2 (a) provides that States Parties undertake to "...embody the principle
of equality of men and women in their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure, through law and other
appropriate means, the practical realisation of this principle." Article 2 (b) states
that States Parties undertake "...to adopt appropriate legislative and other
measures, including sanctions where appropriate, prohibiting all discrimination against
women."
"States Parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the field of
education..." (article 10). Article 11 concerns eliminating discrimination against
women in employment. Article 12 concerns equal rights of men and women to access to health
care. Article 15 (2) states that "States Parties shall accord to women, in civil
matters, a legal capacity identical to that of men and the same opportunities to exercise
that capacity."
The International Covenant on Civil and Political Rights specifically
guarantees certain rights to women, lists a broad spectrum of rights to be applied equally
to men and women, and prohibits all discrimination based on sex. Furthermore, it requires
States to provide effective protection against sexual discrimination. Article 2 states
that the rights recognised in the Covenant are to be recognised "...without
distinction of any kind, such as (...) sex(...) or other status"
(emphasis added). The term other status may apply to persons with disabilities. Therefore,
disabled women are protected by this article. Article 3 speaks of the equal rights of men
and women. Article 26 states that all persons are entitle "...to equal protection of
the law regardless of (...) sex (...) or other status."
Part II, article 2 (2) of the International Covenant on Economic, Social and
Cultural Rights requires member States to "...undertake to guarantee that
the rights enunciated in the present Covenant will be exercised without discrimination of
any kind as to race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status" (emphasis added). Part II, article
3 states that the Parties undertake to "...ensure the equal right of men and women to
the enjoyment of all economic, social and cultural rights set forth in the present
Covenant." Part III, Article 7 of the ICESCR states: "...equal
remuneration for work of equal value without distinction of any kind, in particular women
being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay
for equal work." Article 10 states that special protection should be given to mothers
during childbirth. Article 11 provides that everyone has the right to an adequate standard
of living, including adequate food, clothing and housing. Article 12 states that everyone
has the right to the "...highest attainable standard of physical and mental
health." Article 13 provides that everyone has the right to education, and article 15
provides that everyone has the right to take part in cultural life. All of these rights
apply to women as well as men.
Article 1 of the Convention against Discrimination in Education
guarantees equal access to education of all types at different levels and prohibits
the limitation of any person or group of persons to education of an inferior standard.
Therefore, this Convention applies to disabled females.
The Preamble of the Declaration on the Elimination of Violence Against Women
states "...that some groups of women, such as women belonging to minority groups,
indigenous women, refugee women, migrant women, women living in rural or remote
communities, destitute women, women in institutions or in detention, female children, women
with disabilities, elderly women and women in situations of armed conflict, are
especially vulnerable to violence." (emphasis added). Article 4, therefore, provides
that States should condemn violence against women. Violence against women is defined as
"...any act of gender based violence that results in, or is likely to result in
physical, sexual or physical harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or private
life." (article 1). Article 3 provides an over-all anti-discrimination clause, which
applies to disabled, as well as non-disabled women. Therefore, women must be protected
from violence to avoid needless disabilities, and those who are already disabled must be
protected as wee, as they are especially vulnerable in situations of violence.
The Beijing Declaration promotes fundamental human rights for women.
Article 9 provides that the Parties are committed to: "...ensure the full
implementation of the human rights of women and of the girl child as an alienable,
integral and indivisible part of all human rights and fundamental freedoms."
Article 13 speaks of the full participation of women in all spheres of society. Article 14
provides that women's rights are human rights. Article 17 is of significant importance in
that it recognises a woman's right to control all aspects of her health. Article 26
addresses the problem of women and poverty. It states that the Parties are determined to
"...eradicate the persistent and increasing burden of poverty on women...".
Article 29 focuses on preventing and eliminating all forms of violence against women and
girls. Article 32 provides that Parties commit to "...intensifying efforts to ensure
equal enjoyment of all human rights and fundamental freedoms for all women and girls
who face multiple barriers to their empowerment and advancement because of factors such as
(... ) disability." (emphasis added).
Article 2 of the Beijing Platform for Action states that:
"...the human rights of women and of the girl child are an inalienable, integral and
indivisible part of universal rights (...) the Platform seeks to promote and protect the
full enjoyment of all human rights and the fundamental freedoms of all women throughout
their life cycle." Chapter IV, article 46 recognises that women "...face
barriers to full equality and advancement because of factors such as their (...) disability."
(emphasis added).
Paragraph 5 of the Vienna Declaration and Programme of Action states
that human rights are universal, indivisible and independent. Paragraph 18 provides for
the elimination of gender-based violence and all forms of sexual harassment and
exploitation. In addition, it calls for the eradication of all forms of discrimination on
grounds of sex.
In The Copenhagen Declaration and Programme of Action, pursuant to
Commitment 5, States Parties commit themselves to achieving equality and equity between
men and women. At the national level, States will "...promote changes in attitudes,
structures, policies, laws and practices in order to eliminate all obstacles to human
dignity, equality and equity in the family and in society, and promote full and equal
participation of urban and rural women and women with disabilities in social,
economic, and political life, including in the formulation, implementation and follow-up
of public policies and programmes..." (emphasis added). Commitment 6 provides that
States Parties commit themselves to ensure full and equal access to education for girls
and women in order to obtain social equality.
Article 1 of the Proclamation of Teheran provides an
anti-discrimination clause: "...the Members of the International Community
(...) promote and respect human rights and fundamental freedoms for all without
distinctions of any kind such as (...) sex..." (emphasis added).
4.2 National Protections Pertaining to Women with Disabilities
Almost all countries in the world have undertaken responses to the needs of persons
with disabilities. In addition, responses have been taken at the private and
non-governmental levels. Training programs for the disabled have been designed for use in
schools and other institutions.
For example, in Bangladesh, services for persons with disabilities are provided by the
Department for Social Welfare and Development of Bangladesh, the Government of Bangladesh,
and certain NGOs and voluntary associations. The Bangladesh Protibondhi Kalyan Samity (the
Bangladesh Association for the Welfare of the Disabled) is the association for all types
of disabled people. There are also certain associations, which cater to people with
specific disabilities, such as the Bangladesh National Association for the Deaf.
Residential facilities are provided for the disabled by certain NGOs. The Bangladesh
Institute for the Mentally Retarded is involved in rehabilitating mentally retarded
persons. There are also schools for the paralysed, and those who are hearing, speech, and
visually impaired.
The main problem encountered by women living in rural areas is that education and
training of the disabled caters to the urban population. In addition, most of the
beneficiaries of the programs are men. Appropriate and accurate data is a necessary
precondition to policy formation in developing countries. National consensus data must be
acquired which includes data on disabled women with such areas of aggregation as
rural-urban, male-female, age and socio-economic groups. There should also be data on the
specific types of disabilities, which should be provided to the appropriate policy-making
bodies.
National policies need to take into account the special needs of the disabled and
ensure the equal rights of the disabled to participate in employment. Quotas can be
established for employing those persons with disabilities. In certain countries, like
Bangladesh, NGOs are very involved in integrating disabled women living in rural areas
into economic activities.
Special attention should be paid to persons with disabilities belonging to vulnerable
groups. Special schools for disabled women living in rural areas can be opened in
areas where women can have easy access to. Certain equipment used by disabled women must
also be designed in ways that will be of use for them. For example, artificial limbs
should be compatible with a woman's need to take care of babies and young children.
Finally, mainstream society needs to be educated about the disabled and informed of the
ways to communicated effectively with those who have disabilities.
In the United States, the Architectural Barriers Act of 1968, requires
new federal buildings and those constructed with federal funds to be accessible. Further,
the Rehabilitation Act of 1973, makes it illegal to discriminate on the
basis of disability in any US government -;funded program of activity. In the Federal
Republic of Germany Severely Handicapped Persons Act of 1974, set a quota of six percent
disability for all public and private employers of sixteen or more. The quota can
range from four to ten percent. If the quota is not met, the employer is subject to a fine
of 200 deutsche marks per month.
Within national Governments, codes of ethical conduct may deal with issues affecting
disabled woman's health such a patient's consent to treatment. However, some traditional
codes still give priority to health protection over the choice of the individual. Women
may also be harmed from invasive family planning techniques. These procedures are rarely
measured against ethical codes, and women are too often unable to enforce the ethical
codes because of a lack of information that they exist or how to enforce them. Advocates
of women's health rights should hold responsible parties accountable for practices harmful
to women with disabilities.
4.3 Regional Instruments Pertaining to Women with Disabilities
Regional human rights conventions have been applied less often to issues regarding
women's rights. However, there are certain advantages available at the regional level,
which can not be attained at the international level, such as geographical proximity,
cultural similarity and economic interdependence. Regional systems may have certain organs
in place to deal with women's rights, such as the Council of Europe's Steering Committee
for Equality between Women and Men and the Organization of American States' Commission on
Women.
Article 1 of the American Convention on Human Rights and the Additional
Protocol to the American Convention on Human Rights in the Area of Economic, Social, and
Cultural Rights provides that the parties to the Convention undertake to
"...ensure to all persons subject to the jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of (...) sex..."
(emphasis added). Article 17 deals with the rights of the family and states that the
"...right of men and women of marriageable age to raise a family shall be
recognised." and that "...no marriage shall be entered into without the free and
full consent of the intending spouses." The Convention also establishes an
Inter-American Commission on Human Rights and an Inter-American Court of Human Rights,
which may make recommendations to governments and may hold hearings concerning allegations
that a State Party had violated the Convention.
Article 15 (3) (a) of the Additional Protocol to the American Convention on
Human Rights in the Field of Economic, Social, and Cultural Rights provides that
States Parties should provide special care and assistance to mothers during a reasonable
period before and after childbirth.
The European Social Charter obliges in article 17 the State Parties to
take measures for the social and economic protection of mothers.
Article 1 of the Additional Protocol to the European Social Charter
prohibits discrimination in employment matters on the grounds of sex.
Article 18 (3) of the African Charter on Human and People's Rights
contains an anti-discrimination clause with regard to women. It provides:
"...the State shall ensure the elimination of every discrimination against women and
also ensure the protection of the rights of the woman and the child as stipulated in
international declarations and conventions."
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