Violence against People with Disabilities Inter State Leadership Workshop for PWDs 26th - 28th March 2010 S.D.C. Purulia Road, Ranchi Nalini N Paul Programme Manager – Disability VSO India Nalini.paul@vsoint.org

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

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

Topology of Violence

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

Violence and PWDs People with developmental disabilities have a 4 to 10 times higher risk of becoming crime victims compared to those without disabilities. Persons with developmental disabilities have a high risk of being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported. (Sobsey & Doe, 1991; Tyiska, 1998).

Kinds of violence 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 person’s dependence and vulnerability. • Giving an opinion as if it were the person’s opinion. • Denying the right to privacy. • Ignoring, discouraging, or prohibiting the exercise of full capabilities.

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

Kinds of violence Withhold, Misuse, or Delay Needed Supports: Using medication to sedate the person for convenience. • Ignoring equipment safety requirements. • Breaking or not fixing adaptive equipment. • Withdrawing care or equipment to immobilize the person. • Using equipment to torture people. G. Economic Abuse: Using person’s property and money for benefit. • Stealing. • Using property or money as a reward or punishment. • Making financial decisions based on agency or family needs. • Limiting access to financial information and resources resulting in unnecessary impoverishment. H. Emotional Abuse: Punishing or ridiculing. • Refusing to speak and ignoring requests. • Ridiculing the person’s culture, traditions, religion and personal tastes. Adapted and reprinted with permission from Wisconsin Coalition Against Domestic Violence Newsletter (Winter 1996/97), 15(4). Published from Madison, Wisconsin. 608/255-0539.

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

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

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

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

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

Provisions under the law THE UNCRPD & VIOLENCE Article 16 Freedom from exploitation, violence and abuse 1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. 2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.

Provisions under the law THE UNCRPD & VIOLENCE 3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities. 4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs. 5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.

Strategies Sno. Broad Framework 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

Thank you!