Women with disability: violence in institutional settings Therese Sands People with Disability Australia 10 August 2012 “The Committee recommends that [Australia] address, as a matter of priority, the abuse and violence experienced by women with disabilities living in institutions or supported accommodation” - UN CEDAW Committee 2010

About PWD Australia Disabled Peoples’ Organisation (DPO): - formed in cross-disability - human rights focus Main activities: - membership representation & engagement - rights-based information and training - individual and systemic advocacy 2

Institutional settings, violence and women with disability Lived experience of our membership Key priorities in our strategic plan – closure of institutions / women with disability Experiences from individual and systemic advocacy work Overwhelming evidence over many years exposing negative aspects of institutional settings Increasing evidence about prevalence of violence and exploitation experienced by people with disability, particularly women with disability UN Convention on the Rights of Persons with Disabilities (CRPD) 3

4 Gender-based violence Violence directed against a woman because she is a woman or that affects a woman disproportionately: domestic violence, family violence, intimate partner violence sexual violence, sexual assault, rape, marital rape, gang rape, date rape, indecent assault, sexual harassment, child abuse, child sexual abuse, paedophilia, incest lesbian bashing, elder abuse genital mutilation enforced prostitution enforced sterilisation, enforced abortion, killing of unwanted female babies

Disability-based violence Rarely called ‘violence’ - defined as ‘abuse and neglect’: - financial abuse, sexual abuse, physical abuse Service system response rather than criminal or human rights response: - restrictive practices, behaviour intervention, health or medical treatment, risk management strategy Gender-neutral: - Disability service legislation and standards silent on gender; - very few gender specific prevention and response measures 5

Advocacy, campaigning and activism: - Licensed Residential Centres (Boarding Houses) Individual advocacy: - Boarding House Project: residents of NSW licensed boarding houses Systemic advocacy: - Boarding House Reform: legislative, policy and practice reform; development of appropriate community based housing options. For example, Grand Western Lodge, Millthorpe, NSW: - Exposed significant incidences of violence and exploitation; - Campaigned for government and police action (for over two years); - Supported residents

Advocacy, campaigning and activism: - Licensed Residential Centres (Boarding Houses) (2) 2009/2010 Disability and Domestic Violence Project: - placed a domestic violence lens onto the licensed boarding house sector in NSW - Crimes (Domestic and Personal Violence) Act 2007; - Reflected personal experiences of women with disability living in boarding houses; - Significant levels of domestic violence, with little or no response; rarely recognised as a crime; with no to little support from disability services or domestic violence services. - Project report: includes literature review by Australian Domestic Violence Clearinghouse (ADVC) 7

Accommodating Violence: The experience of domestic violence and people with disability living in licensed boarding houses Women with disability have limited to no understanding of domestic violence, support services, their rights and forms of redress; Significant fear of disclosure from proprietors, managers, co-residents: retribution including eviction, punishments, further violence; Significant barriers in accessing domestic violence support services: often prioritise women with children; no information about services; discrimination; Domestic violence largely understood as ‘intimate partner’ or ‘family violence’ by both disability support services and domestic violence services. 8

Outcomes & Progress  After months of inaction, GWL residents relocated to other housing options (supported by PWD individual advocates)  Police Taskforce established to examine allegations;  Legal action by NSW Government against GWL proprietor;  NSW Government has commenced a Boarding House Reform Agenda: - Legislative and policy reforms  Not comprehensive reform in terms of Accommodating Violence recommendations; no evidence of gender-specific measures 9

Other advocacy actions Training: - Responding to Sexual Assault: for disability support workers - Sexuality and Human Rights: gender specific training for residents of boarding houses about domestic violence, sexuality and human rights Projects: Sexual Assault in Disability and Aged Care (SADA): resources and tools for residential disability and aged-care services to prevent and respond to sexual assault 10

Other advocacy actions (2) Systemic Advocacy: - Legal action against NSW Government: decision to fund the rebuilding of institutions contrary to NSW Disability Services Act (DSA) - Complaint to the Australian Human Rights Commission under CRPD - Shut In Campaign – closure of institutions 11