UN ESCAP Workshop on Women and Disability: Promoting Full Participation of Women with Disabilities in the Process of Elaboration on an International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities
18-22 August 2003, Bangkok, Thailand
13 October 2003, Bangkok, Thailand

II. PROCEEDINGS OF THE WORKSHOP

A. Summary of presentations and discussions

OPENING SESSION and AIMS OF THE WORKSHOP

Extract from the note of the rapporteur of the workshop (Dr. Professor Pittaway Univ. of New South Wales)

Day One

In her welcome Ms. Thelma Kay identified Women with disabilities as one of the most marginalized groups in society. They are over represented in poverty and face the greatest incidence of disadvantage. They are denied community, family and employment opportunities, as well as opportunities to participate in organizations, in leadership roles and training. They are subject to exploitation in all areas of their lives. Sadly, many mainstream women's organizations do not include women with disabilities in their structures.

In her key note address, Ms. Venus Ilagan (President of DPI) spoke of the need for recognition and respect for the rights of women with a disability. She reminded us that people must not be valued solely on an economic basis, but that each person has their own inherent value and self worth and this is the basis of equality. People with a disability are often treated as disposable, ignored and sidelined. People with a disability are subjects not objects. Distinctions on basis of difference should never outweigh inherent value of all.

Women and girls the most vulnerable and least protected. They suffer triple discrimination - female and poor and disabled. She commented, "People with disabilities are genderless". A major task is to recognize and address gender issues in the new convention. The rally call must be "Nothing about us without us".

The Workshop tasks are: for participants to have significant impact on the formulation of the new convention via our recommendations to the Ad Hoc Committee and by feeding our thoughts through to the drafting committee via the two representatives of the committee who we are privileged to have with us at this workshop, Ms. Venus Ilagan and Ms. Anuradha Mohit.

In describing the second "Ad Hoc Committee" which is co-ordinating the process of producing the first drft of the new Convention, the comment was made that despite some excellent interventions and presentations from panel members in the plenary, on the whole women's issues were only a "side event" of the 2nd session of the Ad Hoc Committee. The work of this workshop is crucial to provide solid gender input into the drafting process.

It is important to note that disability self help movement and women with disabilities are the major shareholders and key actors in the regional and local input to this work.

The Bangkok Recommendation is the key document to be worked on at this workshop. We must critically evaluate the document to ensure that gender concerns are integrated into all sections and relevant paragraphs.

We need to devise advocacy strategies at a local and regional level to ensure that our governments incorporate any new convention and all existing conventions into domestic law, policy and practice. This must be done in a way that accords the full participation of people with a disability at all levels of society and accords to them full enjoyment of all human rights

We must ensure that the special concerns and issue of women with a disability are visible and acknowledged at every stage of the process, in all the actions suggested and in the final documentation

Ms. Kay Nagata (UN ESCAP) suggested that our main task was to get gender mainstreaming into disability, disability mainstreaming in gender, and gender and disability into Development. Gender mainstreaming has also to be incorporated into self help groups DSOs, and CPOs.

A brief history of disability issues in International Law gave us an understanding of where we have come from. We can take hope from the fact that the language and discourse about people with a disability has changed significantly over the years. Our challenge is to change rhetoric into reality.

HUMAN RIGHTS SYSTEMS AND DISABILITIES

Key elements

Human Rights are universal and indivisible. They create duties, duty bearers (mainly States, but increasingly multinational corporations) and claim holders.

We have to pay special attention to ensure that the rights of vulnerable groups such as women and girls with a disability are realized, and sometimes affirmative action will be needed to redress their historic lack of rights.

Non-discrimination is a core principle of human rights and includes people with a disability and all sub groups which come under that umbrella. We were introduced to the role of the 7 core human rights treaties and their monitoring bodies. They are all rights which should be accorded to people with disabilities.

The Drafting Committee of the new convention will decide if there will be a treaty body.

We need to advocate for this. (See Session on Monitoring Mechanisms, Day 2).

In looking for examples and precedent of human rights instruments which relate to people with a disability, we should examine "general comments" which "add-on" to Conventions to suggest how states may respond to various issues (See CEDAW General Comment on women with a disability).

The workshop decided that it was not sufficient to leave all responsibility for human rights abuses of people with a disability with the Disability Rapporteur. All human rights rapporteurs need to examine and address disability issues within their area of expertise - all rapporteurs need a framework to guide investigation of disability issues

The "Shape" of the new Convention

Ms. Anuradha Mohit flagged "nature and structure, scope and elements, complementarity and monitoring as the most complex issues for discussion. - she said it would be boring but captivated us all

In examining the typology of a convention, she posed us a challenge which we should incorporate into our work in the next three days: what sort of convention do we want? There are three possible models

1. Holistic model of International Legal instruments - covers a whole range of rights - economic, social and cultural and civil and political. A good example is the Convention on the Rights of the child This model promotes rights and equalities

2. Non discrimination Model - is a curative model. An example is CEDAW

3. A third possible model is a Hybrid Model, combining social development and HR elements. It would combines legal and program instruments. A convention such as this is not yet in place. It is a challenge to be taken up. We will break new ground with the Disability Convention if we employ this model

We have to decide if the two can be combined? Can we run a middle course which has both principles and specificity. Each country will respond to principles in terms of their own stages of development, economy and social structures.

The major reason for exploring this third model is because we have to move beyond the removal of discrimination in the creation of a new convention and look at positive measures to ensure equality

Complementarity

A theme that was repeated in several presentations was for the need for complementarity between the new convention and existing standards and their monitoring systems.

What will be the relationship between the new treaty and the six core treaties?

Key points to remember are that all rights are universal. Therefore do we have to repeat existing rights in the new instrument? The convention has to be manageable and workable, the monitoring system has to be streamlined. The issues of complementarity must be addressed in the preamble of any new convention and reinforced in the monitoring procedures

A new Disability Convention should strengthen the existing rules and reflect other relevant documents and agreements. We must incorporate best of the "Standard Rules" and its monitoring mechanism (Special Rapporteur under ECOSOC)", Biwarko (BMF), and General Comments in CESCR and CEDAW

It was noted that Asia Pacific does not have a regional Human Rights body, instruments and monitoring mechanism. Do we want to push for these?

A RIGHTS BASED APPROACH TO DEVELOPMENT

A key concept for the new convention is that it must reflect a Right Based Approach to Development, not a social welfare approach.

We examined the value of CEDAW to the movement, even without specific mention of women with a disability. The importance of the strategic preparation and use of shadow reports both as a process of focusing grassroots ownership of the concept of rights, and as a way of holding governments accountable was also discussed.

Recurrent themes

A theme which came up in every session and every workgroup was the sexual exploitation, rape and abuse of women with a disability. This is seldom explicitly addressed, and unless this happens it will remain a hidden evil.

An anomaly which must be addressed is the denial of the right to sexual expression and sexuality, versus universal sexual exploitation. A second emerging issue is the couching the right to sexual expression under the banner of right to bear children - women as walking wombs. It is far greater than this.

It was noted that forced sterilization is not done to protect women from the outcomes of their self determined sexual actions, but to minimize the consequences of rape and sexual abuse by those supposed to be protecting their right to safety and dignity.

Problems to be addressed are lack of access to information and contraception for many women with a disability and lack of prosecution of the criminal offences perpetrated against women with a disability, and the impunity enjoyed by so many men for these crimes.

SUMMARY DAY 2

We started by finalizing our discussion of CEDAW and examined the practice of "reservation" in the process of ratification of UN Documents. It is extremely important that we understand this process as part of our advocacy work

When a new Convention is introduced there is a two stage "sign off" process. Firstly, Governments sign off on the text of the document. Then States choose whether or not they will ratify the Document, which is a second and much more significant process. The implication of Ratification is that they will then incorporate the Convention into Domestic Law, either directly, through a mechanism such as a Bill of Rights, or indirectly through their own domestic processes. Once they have ratified, they are accountable for the implementation of the Convention both domestically and internationally via the UN. Conventions are only operational after a certain number of countries have ratified them.

In some cases countries decided that they will ratify nearly all of the paragraphs within a convention, but not others. They use a process called "reservation" for these paragraphs, which means that they are not agreeing to implement them and are not accountable for them.

The implications for our work in lobbying for a new convention is that we need to ensure that there is a provision that Sates can not "reserve" on key paragraphs in the new convention, and at a local level we have to lobby governments so that they will sign and ratify in the shortest possible time after the sign off process when the Convention is completed. This lobbying should begin now so that Governments are engaged in the process from the beginning.

GENDER MAINSTREAMING

This session began with an exercise in which we identified that the word 'sex' in this context is used to describe physical difference, while gender is used to describe social and cultural difference. The fundamental principle of gender mainstreaming is to address the social cultural and economic inequality between men and women. It must ensure that their special needs are addressed in all policy, procedures and practice, to ensure access and equity in all areas of life.

We examined Gender Mainstreaming with two goals. One was to understand how we could use the concept to incorporate the concerns of women and girls with a disability into the new convention and all related legislation and policy; and secondly as a model for disability mainstreaming, which will be necessary for the implementation of the convention at a local level.

We examined a range of models for gender mainstreaming which are available in the workshop notes. A note of caution was sounded about the practice of some governments to use the concept of gender mainstreaming to remove "women specific" projects on the grounds of mainstreaming, but to not follow through with actions. This can further marginalize and make women invisible in the policy process.

Tools for Mainstreaming

Rita introduced a range of Tools for gender mainstreaming, most of which can be easily adapted for use as Disability and gender mainstreaming tools. Our work is to ensure that both issues are reflected in all convention, legal and policy documents. Gender in disability and disability in gender. Gender and disability in Development.

If governments are not familiar with best practice in mainstreaming, as civil society we must take an active role in encouraging training of government bodies and key disability organisations

Institutional mechanisms, that is the structures of governance, are critical for successful mainstreaming. Disability focal points in governments and ministries, gender budget allocation, the possibility of a disability budget were all discussed as possible options to support mainstreaming. Advocacy is needed to ensure that disability issues are placed in an appropriate and high status Ministry.

We should consider strategies such as quotas for people with disability in the political process. Finally we were reminded that much support is needed to ensure that mainstreaming works. People need training, and we must be careful that people are not put into positions of power without the requisite skills and experiences; otherwise we are setting the systems up to fail.

We participated in two exercises in this session. The group identified the range of issues specific to women with a disability which would need to be included in the new convention to underpin Gender Mainstreaming policies. We identified that many of these issues are generic to all women with a disability, such as social exclusion, lack of access to education etc, but that the degree to which these are experienced depend to a large extent on the socio-economic status of the women and whether she live in a rural or urban area, or in a slum. This highlights the complexity, or intersectionality of the experience of women with a disability. These are not just layers of separate discrimination, each one compounds the other. This then has to be again cross referenced with the specific experiences of women with different types of disability. Our task is to ensure that the wording of the convention, law and policy does not exclude any of these groups.

The second exercise, to begin the process of 'engendering' of the Bangkok Recommendations was a lively and very participatory session. The groups made some excellent suggestions for the addition of language such as replacing "persons with a disability" with "women and men, girls and boys", whenever appropriate, in order to ensure that women are not invisible in the process. Suggestions were also made for including gender specific language whenever possible. We will build on this work on Thursday.

Children with a Disability

Penny reminder us that children with a disability are the most marginalized, most invisible of all, and girl children are often the very last in the family to receive scarce resources including attention.

Early intervention must become a right, equal to the right to education. Without early intervention, many children will never cope with education even if it is made accessible.

The multiple causes of disability, such as extreme poverty, must be considered in relation to the rights of children with disability. The right to Development underpins the rights of children with a disability.

Penny introduced a range of strategies and case studies for working with Children with Disabilities. The groups considered critical issues of children with disabilities that should be included in the convention, and identified strategies to advocate for the rights of children at the local level.

DAY 3

Community Based Rehabilitation (CBR), Dr Maya Thomas
Addressing concerns of women in CBR.

Maya gave a presentation on the role and value of Community Based Rehabilitation Programs (CBR'S)

She described how CBR's have moved from a medical model to a social model over the last 25 years. She noted that CBR's need to put strategies in process to be more inclusive of WwD. CBR programs and address these issues by:

• Culturally appropriate strategies
• Recognition of special needs of women with disabilities
• Assistance in achieving traditional gender roles
• Access to services via training more women workers
• Opportunities for self reliance
• Self help groups

Several participants shared their very positive experience of involvement with these programs

Discussion focused on the difficulties caused by the demography of Women with disabilities especially in rural areas where there are often insufficient women to form groups in forming groups. Several example of CBR best practice were discussed and eh importance of training girls in self advocacy was highlighted. This is particularly important because men dominate organizations s at grass roots levels. The importance of empowerment was really clear and the affirmation that "we can do what they can do" was identified as critically important. Building confidence to take the first steps is a major role of self help groups.

The debate focused on the debate between Individual and Group Rights. From a legal standpoint human rights fall into two sets, individual and group rights. These are present in both international and domestic law. Should we be seeking group rights for all people with a disability, or rights for each individual person with a disability? They are both important. (e.g. the right to work is an individual right - not a group right because it would be impossible o enforce and monitor for an entire group).

Therefore individual rights are not the same as individualistic rights, which are seen to be self-centered. They are personal rights. We have to be clear which type we want in the various sections of the new convention.

ILO Convention 159: THE INTERNATIONAL LABOUR ORGANISATION (ILO)

The right to work for Women with a Disability

The majority of developing countries in the Asia Pacific Region have not ratified the ILO Convention 159.

It is a broad convention, which has a set of supplementary rules. Recommendations 168 relates to vocational rehabilitation and implementation. It has a set of specific guidelines, Recommendation 99, which relates to people with a disability. ILO refers to disabled workers.

It suggests a series of measures to be taken to ensure that people have access to employment. The open market will never employ all people with a disability. We therefore have to consider alternative means of income generation for people with a disability to ensure income and dignity. Sheltered employment does not mean sheltered life - it is a way of gaining income.

There is no best model. The new convention must be complementary to these recommendations. Employment quotas are also a very important strategy for consideration.

Workers with a disability need to be aware of their rights and responsibilities, and legal rights. Disabled workers must be members of unions and exploitation of workers with a disability must be addressed and stopped. Largest civil society movement in the world is the labour unions.

Ay model for the convention must refer to civil and political rights, but also social and economic rights which will ensure the access to income for people with a disability. Some people are questioning the relationships between ILO (2nd generation human rights) and new convention (perhaps political and civil human rights or holistic?), particularly in rich countries where social security or quota schemes exist (e.g. Japan). Forming the new Convention is a very political process. We must remember that different countries and different lobby groups have sometimes conflicting concerns about this.

We need innovative projects and strategies. Fair Trade, Green Food are a good examples of creative and value added markets. We can think bigger about employment. Capacity building, and access to full bank credit for women and/or disabled - why should we always be restricted to always "micro credit"

New guidelines must build on existing guidelines - they can not undercut them. We have to argue on market economic rational grounds, use cost benefit analysis. We need evidence based research on the position of women with disability in the labour market

Personal Reports

Participants shared their personal experience and the work which they are involved in. The stories were moving and inspirational, and highlighted the many issues discussed in the course of the workshop. Thank you to participants for sharing so much of their personal lives. The key issues for women and girls with disabilities which emerged during the working session and form the personal sharing are listed below.

THE RANGE OF DISCRIMINATIONS FACED BY WOMEN AND GIRLS WITH A DISABILITY IDENTIFIED DURING THE COURSE OF THE MEETING.

General principles

Socio economic circumstance has major implications for the way in which women with a disability are able to function in society, access specialist services and achieve a satisfying and fulfilling lifestyle.

Some forms of cultural and religious practice which impact negatively on the full realization of human rights for all women cause on additional layer of discrimination for women and girls with a disability.

The lack of distinction between private and public life evident in so many Human Rights instruments must be corrected in the new convention.

The many forms of discrimination and exclusions faced by women and girls with a disability are intersectional. Each compounds the effect of the other, magnifying the impact on the lives of women and girls. These include issues such as ethnicity, caste and class.

The rights of disabled women and girls in developing countries and countries in transition must be clearly linked to Development goals.

The group noted that:

There is less tolerance of women with a disability in poor areas where women are most valued for their productive and reproductive capacities. Women and girls with a disability are often allocated the smallest amounts of food, and other resources. The survival rate of girl children with disabilities is lower than for boys.

Women and girls with a disability living in slums face extreme problems of lack of shelter, clean water, sanitation and high levels of gender based violence.

Discrimination and exclusion in all areas of life exist. Women with a disability are invisible.

The barriers experienced by Women with a Disability are both attitudinal, and structural.

COMMON ISSUES INCLUDE:

Right to life

• Eugenic practices
• Inadequate food and nutrition
• Unequal access to family and community resources

Lack of social protection

• Lack of social security for widows, single women, single mothers
• Lack of access to secure shelter and accommodation
• Lack of access to health insurance
• Lack of access to the law

Lack of individual protection

• Under-protection and devaluing of women and girls with a disability
• Rape and sexual abuse by carers and/or family
• Vulnerability to all forms of violence
• Sexual exploitation, rape and abuse by wider community
• Forced marriage to older men.

Access to Education

• Lack of early intervention services for children with a disability
• Denial of and/or restricted access to education
• Excluded from education on financial grounds as well as access problems, resources allocated to males and able bodied siblings first.

Social isolation

• Over protection by some families, in particular when girls reach puberty
• Virtual "imprisonment" at home
• Lack of opportunities to marry and bear children
• Lack of opportunities to form relationships
• Denial of sexual expression
• Denial of the rights of children to live with family
• Lack of access to sports and culture
• Lack of access to entertainment, specific television programmes

Access to employment

• Lack if employment opportunities and career paths,
• Lack of employment opportunities for women and girls with a disability with intellectual impairment or psychiatric illness
• Lack of sheltered or home based employment for rural, isolated and women with multiple forms of disability and severe disabilities.
• Exploitation in the work place

Health Issues

• Lack of access to appropriate health care, in particular to adequate reproductive health care
• lack of medical staff with expertise in and understanding of disability issues
• lack of access to specialist services.
• Lack of rehabilitation services
• Lack of training and support for the families of women and children with a disability
• Lack of appropriate services for women and girls with intellectual impairment
• Lack of appropriate services for women and girls with psychiatric illness
• Forced sterilisation, abortions and other forced treatments

Structural Issues

• Denial of inheritance rights,
• Lack of prosecution of perpetrators of crimes against women and girls with a disability (impunity)
• Exclusion for the decision making process
• Lack of information which exclude participation at a micro and macro level

Emotional Issues

• Lack of access to counselling
• Repressed emotions about life situation and relationships
• Low self esteem and depression
• High suicide rates
• Restricted freedom of choice in all areas of life

B. Working group sessions

On the last two days, participants formed three working groups to discuss each issue and to elaborate on the group recommendations. These recommendations are to be synthesized into the set of recommendations of the workshop in the form of a Joint Statement. This process is the main dimension of the workshop, with full participation of individuals so as to share the ownership of this workshop. The participants reviewed the Bangkok Recommendations (outcome of ESCAP EGM on the Convention that took place from 2 to 4 June 2003) from a gender perspective. The recommendation was reviewed in the following manner:

1. Group one: Nature of the Convention, Structure, Preamble, Definitions, and Accessibility;

2. Group two: General State obligations (guarantee of equality and non-discrimination, guarantees of specific rights; and other states obligations);

3. Group three: Monitoring mechanisms and participation of women with disabilities.

Return to top

Copyright (c) 2003 Vision Office.
Last updated 08/26/03. Contact: info @ visionoffice.com