Violence and justice

Rates of violence

A systematic review found that adults with disabilities were ‘at a higher risk of violence than are non-disabled adults, and those with mental illnesses could be particularly vulnerable’, although robust studies are absent and there are large gaps in knowledge about the prevalence and risk of violence against adults and children with disabilities (Hughes et al., 2012, pp. 2, 8, 9; Mikton & Shakespeare, 2014, p. 3056). Children with disabilities are estimated to be three to four times more likely to be victims of violence (UNICEF, 2013, p. 44). Some studies also show that people with intellectual disabilities had the ‘highest population rates of violence compared with both the general population and individuals with other disability types’ (Hughes et al., 2012, p. 8; Inclusion Intl., 2006, p. 45). In addition, there are reports of hate crimes against people with disabilities, and physical violence and sexual abuse against people with disabilities in homes, institutions, communities and other settings (Hughes et al., 2012, p. 3).

Contributing factors to increased risk

People with disabilities are at increased risk of interpersonal violence because of: ‘exclusion from education and employment, the need for personal assistance with daily living, reduced physical and emotional defences, communication barriers that hamper the reporting of violence, societal stigma, and discrimination’ (Hughes at al., 2012, p. 1621; see also Ortoleva & Lewis, 2012, pp. 42, 79-83 and HRW, 2012, p. 5). Residential care is also a major risk factor for sexual and physical abuse (UNICEF, 2013, pp. 45-47; HRW, 2012, p. 14). Stigma and stereotyping may result in their complaints not being taken seriously or believed, while the justice system is often inaccessible to them (Ortoleva & Lewis, 2012, pp. 38, 59-74, 85-88).

Both children and young women and men with disabilities are ‘especially vulnerable as a result of entrenched social and structural discrimination against them’, which results in children being ‘uninformed about their rights, finding themselves in environments where they are vulnerable to sexual violence and, if they are violated, with little opportunity to receive medical, legal or psychosocial support’ (HI & STC, 2011, pp. vi). Many abusers believe that these young people will be unable to report the abuse or will not be believed (Groce & Kett, 2014, p. 12; UNICEF, 2013, pp. 41, 44; HI & STC, 2011, p. viii). Unfortunately this is often the case as people in authority may have little knowledge about people with disabilities (Groce et al., 2014, p. 12). The perpetrators enjoy almost total impunity (HI & STC, 2011, p. 5).

Women and girls

Women and girls with disabilities are at heightened risk of ‘physical, psychological, sexual or financial violence, neglect, social isolation, entrapment, degradation, detention, denial of health care and forced sterilization and psychiatric treatment’, at home, in the community, and in refugee camps (Ortoleva & Lewis, 2012, pp. 16, 38-59; HRW, 2012, p. 5; WRC, 2015, p. 1; Barriga & Kwon, 2010; Burns et al., 2014, p. 52). In addition, they are especially vulnerable to trafficking (Ortoleva & Lewis, 2012, pp. 77-78). Women with disabilities are at least ‘twice as likely to experience domestic violence and other forms of gender-based and sexual violence as non-disabled women, and are likely to experience abuse over a longer period of time and to suffer more severe injuries as a result of the violence’ (Ortoleva & Lewis, 2012, p. 16; HRW, 2012, p. 5; Astbury & Walji, 2013, p. 22).

People with intellectual and mental disabilities are at particular risk of sexual abuse, especially girls and women (Morgon Banks & Polack, 2014, p. 50; WRC, 2015, pp. 1, 45; Astbury & Walji, 2013, 8).

There is a long history of ‘socially – and even legally – sanctioned forced and non-consensual sterilization’ of women and girls with disabilities, particularly of women with intellectual disabilities (Ortoleva & Lewis, 2012, pp. 42-43; Fembek et al., 2013, p. 69; UNICEF, 2013, p. 41; HRW, 2012, p. 6; Frohmader & Ortoleva, 2013, pp. 4-5).

Impact

Lack of access to gender-based violence prevention activities and response services can result in limited access to food, shelter, healthcare, safe working environments, marriage and social integration for people with disabilities (WRC, 2015, pp. 1-2; Ortoleva & Lewis, 2012, p. 91). Women with disabilities who have experienced violence are at increased risk of homelessness, poverty and unemployment, increased disability and ill-health (Ortoleva & Lewis, 2012, pp. 90-91).

Access to justice

A study of access to justice for people with disabilities found that while there are often laws in place to prevent discrimination against people with disabilities, they are not effectively implemented; and professionals feel that access to justice is sometimes or usually harder for people with disabilities (Brooks et al., 2013, pp. 15, 29). A study in Sri Lanka found that women with disabilities have little legal literacy, while laws are not freely available in accessible forms (Samararatne & Soldatic, 2015, pp. 764-764).

This exclusion can be caused by various factors in all institutions of the justice system, including discrimination, poverty, low institutional trust or confidence in the process, lack of capacity (both staff in the judicial system and people with disabilities), communication barriers, weak access to information, or living in remote areas with a lack of judicial facilities (Brooks et al., 2013, pp. 9, 17; Ortoleva & Lewis, 2012, p. 59). There is reported to be a systematic failure of the court system to acknowledge women with disabilities as competent witnesses (Ortoleva & Lewis, 2012, p. 71). As a result of problems with access to justice, there is said to be ‘an atmosphere of impunity surrounding abuses committed against people with disabilities’ (Brooks et al., 2013, p. 9).

• Brooks, J., Kabir, A. H. M., Kolgeci, G., Letova, I., Olenik, A., Sali-Terzic, S., & Zholdybayev, A. (2013). Strengthening judicial integrity through enhanced access to justice: Analysis of the national studies on the capacities of the judicial institutions to address the needs/demands of persons with disabilities, minorities and women. New York: UNDP. See document online
• Ortoleva, S., & Lewis, H. (2012). Forgotten sisters – A report on violence against women with disabilities: an overview of its nature, scope, causes and consequences (Northeastern public law and theory faculty research papers series no. 104-2012). Northeastern University. See document online

• Astbury, J., & Walji, F. (2013). Triple jeopardy: Gender-based violence and human rights violations experienced by women with disabilities in Cambodia (AusAID Research Working Paper 1). Canberra: AusAID. See document online
• Barriga, S. R., & Kwon, S-R. (2010). ‘As if we weren’t human’ Discrimination and violence against women with disabilities in Northern Uganda. New York: Human Rights Watch. See document online
• Burns, D., Oswald, K., & the ‘we can also make change’ team. (2014). ‘We can also make change’: Piloting participatory research with persons with disabilities and older people in Bangladesh. Sightsavers, HelpAge International, ADD International, Alzheimer’s Disease International, & Institute of Development Studies. See document online
• Fembek, M., Butcher, T. H., Heindorf, I., & Wallner-Mikl, C. (2013). Zero Project report 2013: Employment. Klosterneuburg: Essl Foundation. See document online
• Frohmader, C., & Ortoleva, S. (2013). The sexual and reproductive rights of women and girls with disabilities (Issues Paper). ICPD Beyond 2014. See document online
• Groce, N., & Kett, M. (2014). Youth with disabilities (Working Paper Series: No. 23). London: Leonard Cheshire Disability and Inclusive Development Centre. See document online
• Groce, N., Loeb, M., & Murray, B. (2014). The disabled beggar – A literature review: Begging as an overlooked issue of disability and poverty (Gender, Equality and Diversity Branch Working Paper No. 1). Geneva: ILO. See document online
• Handicap International & Save the Children. (2011). Out from the Shadows: Sexual violence against children with disabilities. Handicap International & Save the Children. See document online
• Hughes, K., Bellis, M. A., Jones, L., Wood, S., Bates, G., Eckley, L., McCoy, E., … Officer, A. (2012). Prevalence and risk of violence against adults with disabilities: a systematic review and meta‐analysis of observational studies. The Lancet, 379(9826), 1621–1629. See document online
• Human Rights Watch. (2012). Human rights for women and children with disabilities. New York: Human Rights Watch. See document online
• Inclusion International. (2006). Hear our voices: A global report: People with an intellectual disability and their families speak out on poverty and exclusion. London: Inclusion International. See document online
• Mikton, C., & Shakespeare, T. (2014). Introduction to special issue on violence against people with disability. Journal of Interpersonal Violence, 29(17), 3055–3062. See document online
• Morgon Banks, L., & Polack, S. (2014). The economic costs of exclusion and gains of inclusion of people with disabilities: Evidence from low and middle income countries. CBM, International Centre for Evidence in Disability, London School of Hygiene & Tropical Medicine. See document online
• Ortoleva, S., & Lewis, H. (2012). Forgotten sisters – A report on violence against women with disabilities: an overview of its nature, scope, causes and consequences (Northeastern public law and theory faculty research papers series no. 104-2012). Northeastern University. See document online
• Samararatne, D. W. V. A., & Soldatic, K. (2015). Inclusions and exclusions in law: Experiences of women with disability in rural and war-affected areas in Sri Lanka. Disability & Society, 30(5), 759-772. See document online
• UNICEF. (2013). The state of the world’s children 2013: Children with disabilities. New York: UNICEF. See document online
• WRC. (2015). ‘I see that it is possible’: Building capacity for disability inclusion in gender-based violence programming in humanitarian settings. New York: WRC. See document online