WE URGE…

Scenario of Violence in Women Scenario of Violence in Women with Disability in Nepalwith Disability in Nepal

Presented by Tika Dahal:Senior Advisor of Nepal Disabled Women

AssociationGeneral Secretary: National Federation of the Disabled

Nepal (NFDN)

Outlining the Presentation

o Introductiono VAWwDs in Nepal o National Legal Provisions to combat

VAWwDso Gaps at National and International

Instruments and Practiceso Summary of WwDs Movement in Nepalo Way Forward

Introduction

Violence against Women (VAW) has been occurring in many forms, e.g. physical, sexual, social, psychological and economic.Women who experience violence suffer a range of health problems; subsequently their ability to participate in public life is diminished. Women with Disabilities are 3 time more affected in this contextViolence against Women (VAW) is rampant in Nepal.

Introduction continues…

Before Birth

After Birth

Childhood

Post Child hood /pre-puberty

Women from Birth to Post Childhood

Fetus is killed

Mother is mentally tortured

Little investment is made

Forced marria

ge

Introduction continues…

Women from Puberty- old-age

•Tortured from Husband and his family for Dowry, even women are burn down•Different level of sexual violence at workplace

Facts on Overall Situation ofWwDs

UNCRPD ratified in 2010 De facto discrimination against PWDs still occurs in the field

of education, employment, health, housing, and many other areas. Altogether 68% of PWDs have no education (59.6% of male and 77.7% of females).

45 Nearly half of all children with disabilities have not been able to benefit from education services. The education system is not user-friendly towards PWDs. No provisions for personal assistance (PA) for PWDs, elderly people, orphans, homes where people with disabilities live, especially women and children, have been made

and women with disabilities (WWD) is still active in Muluki Ain, (2020 B.S.). The Marriage chapter, clause 9 of Muluki Ain permits husband to remarry another woman if his wife get visual or locomotive impairment. The same is not given to women. This is the case of double discrimination for being a woman and disabled person.

Facts on Overall Situation of WwDs

Source: Study on Reproductive Health & Violence against WWD's in Nepal, NDWA 2010

Case Stories on VoWwDs

Sunmaya Tamang, Phulmati Gimire, Kali bk

After victimization, she is rehabilitated and Rup kumari being economically empowered

Government Initiatives and Actions

There are 47 provisions on promotion and protection of the Persons with Disabilities in Nepal, some of the major are as follows:

•Country Code 1963 (Muluki Ain, 2020)

•Disabled Protection and Welfare act

•Local Self Governance Act, 1999 (2055.

•Disabled Service National Policy 1996 (2053)

•CEDAW is an international treaty that requires states to eliminate all forms of discrimination against women. Nepal ratified CEDAW in April 1991 and its Optional Protocol in June 2007

 

PwDs/WwDs Movement in Nepal

National Federation of the disabled Nepal (NFDN) established in 1993 as cross disability umbrella organization. It has 300 member DPOs, 5 regional chapters, 5 District Chapters.

NFDN has its presence in 74 Districts of Nepal(out of 75) and conducts different range of advocacy activities.

Rally of WwDs

PwDs/WwDs Movement…

NDWA established in 1998 and currently working in Five development regions of Nepal

Joint Action we conduct (from Centre to community level): Campaign, lobby meeting, pressure rally, capacity Building, studies on Disability

7-10 % out of the total population is estimated as persons with disabilities.

Attention for Disability Friendly Constitution !!

Oranizations working for WwDs

VAW/WwWds Focused Organizations in Nepal

NDWA, is only cross disability organization working to study and document the Violence cases of Women with disabilities and also supporting the WwDs for their rehabilitation services/shelters.

Addressing the campaign

Situation of women with Disability

There is triple discrimination against WwDs

The issues of WwDs is rarely taken as issue of general Human Rights

Within Disability, women with disability is most vulnerable community

The Theory and practices of Gender Equality and Social Inclusion(GESI) has overlooked the concern of Women with Disabilities.

Violence Against WwDs

There has not been any research done yet, focusing on violence against disabled women of all type.

The research done on sexual violence against blind women showed that blind women are at high risk of sexual violence by both sighted and blind men (Aryal 2004)

People mostly find it hard to believe that disabled women too are sexually violated. This is because of the sexual image of disabled women in society.

Sexuality and disability seem both contradictory words, as sexuality is highly understood in relation with physical attractiveness. For understanding of sexuality of disabled women, “Invisible Acts: Violence Against Women With Disabilities”, written by Lesley Chenoweth is very helpful.

Blind women are considered undesirable for any kind of sexual relationship.

Sexuality of WwDs:

Involved in Income Generation Activity

Marital status of WwDs

Marital status of disabled women seems very sensitive.

Due to their disability, disabled women rarely have chance of getting married. Even if they are married, they suffer different kinds of problems to stay married.

Research shows that blind and mentally disabled women have less chance of marriage than other types of disabled women.

Stated Her own Buinsinesss

Gaps in International Instruments

•International Instruments related to Disabilities and Human Right are needed to address teh women with Disabilities•UNCRPD requires to be gender sensitive. It needs to have special focus on reproductive and sexuality aspect of Women with disabilities •CEDAW has to be mainstreamed in terms of Disability. Due to this gap in CEDAW, National government has overlooked issue of women with disabilities.•CRC needs to focus the girls with Disabilities and accordingly the national government should protect girls with disability through strong legislative frame work.

Gaps at National level

Lack of legal framework for protecting right to equality and right against non-discrimination

Discriminatory language Lack of disaggregated data on the basis of

sex and disability in implementation of existing provisions.

Disability is excluded from development policies, plans, and programme.

Special focus on Women with Disabilities has not been considered in laws, acts, regulations and programme related to disability.

Some of Encouraging Aspects

Growing participation in Decision making Process

VAWwDs have started in contact of Civil society to access justice

Political parties started focusing the issues of WwDs despite the misconception about WwDs as non productive and unable to do some things

Representation is being advanced in different thematic sectors

Disabled People Organizations (WwDs focused) have gained recognition as stakeholder to deal with Disability issues and rights

Supporting to ensure proper Reproductive Health through Public Interest Litigation PIL for WwDs.

WwDs representation in CEDAW report writing committee

Movement against VoWwDs in Nepal

Way Forward

Disabled women are victims of various form of violence. Thus, there is need of awareness program to sensitize disabled women to be aware about the violence.

There is also necessity of counseling and rehabilitation centers especially for the victims of domestic, psychosocial and sexual violence.

More and more research is in need to find out hidden causes.

Violence cases should be registered immediately and action should be taken from every level.

The Government should:

Ensure the CRPD monitoring Mechanism for disability friendly and inclusive society

Need to provision to ensure economic, social, and political empowerment for women with disabilities.

Support WwDs through Safe home, counseling, and vocational skills

Support WwDs for income generation and family establishment.

Conduct and provisioning the awareness related programme for WwDs

Need to provision Fast track approach along with arranging disability desk to enhance access to justice.(Police Women Cell, Women Commission, NHRC, and local government agencies)

Addressing campaign by Tika Dahal

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