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Accessibility and
Women with Disabilities

             Anjlee Agarwal
     Executive Director & Access Consultant
     Member, Women with Disability India Network




              www.samarthyam.org
Background

   It has been recognized that women with
    disabilities may be particularly at risk due
    to stigmas associated with both disability
    and gender, and are more likely to suffer
    from discrimination than women or men
    without disabilities.
Background
 In India, women with disabilities are
  confronted with numerous challenges.
 In the absence of well coordinated
  government policies aimed at integrating
  disabled persons in mainstream
  activities, women with disabilities live under
  extremely difficult conditions, facing
  discrimination and barriers throughout their
  life.
 Discrimination deprives women with
  disabilities of fundamental rights and
  equality of opportunity.
Background
 The adoption of the UNCRPD has been a path
  breaking initiative through which we can create an
  environment of equality and justice.
 Though the CRPD has a twin track approach
  where women’s issues are specifically
  defined, many women activists have felt the need
  to strengthen the Convention provisions.
 One method is working through other
  Conventions such as CEDAW and CRC.
 As the CEDAW State review is coming up, it was
  felt that women with disabilities should make
  their voices heard and their presence felt in this
  process.
Intersecting CEDAW and CRPD
 Compare the provisions of CEDAW and
  CRPD and
 To intersect the above said provisions in
  UNCRPD and CEDAW with an objective
  to incorporate constructive
  recommendations in the shadow report
  of CEDAW
UNCRPD                           CEDAW
Article 9: Accessibility
   The countries will eliminate   No mention
    barriers that people with
    disabilities face in
    buildings, the
    outdoors, transport, inform
    ation, communication and
    services, in both cities and
    the countryside.
   This way people with
    disabilities can live
    independently and fully live
    their lives.
Article 9
                        Accessibility

   Infra       Information                   All private entities
Structure &    technology &     urban /     that offer facilities
   public                                   and services to the
               communication     rural         public must be
 buildings                       areas            accessible

    Indoor, transport, ou           Access to
       tdoor facilities             services /
                                  facilities, emer
                                  gency services


                            Universal
                             Design
UNCRPD                                       CEDAW
Article 6:                                 Article 3:
WOMEN WITH DISABILITIES
                                           Equality
States Parties
   recognize that women and girls with       Women are
    disabilities are subject to multiple       fundamentally equal with
    discrimination, and in this regard         men in all spheres of life.
    shall take measures to ensure the
    full and equal enjoyment by them of       Countries must take
    all human rights and fundamental           measures to uphold
    freedoms.
                                               women's equality in the
   shall take all appropriate measures
    to ensure the full                         political, social, economic,
    development, advancement and                and cultural fields.
    empowerment of women, for the
    purpose of guaranteeing them the
    exercise and enjoyment of the
    human rights and fundamental
    freedoms set out in the present
Some facts
 Women with disabilities cannot access
  education, health, employment / livelihood
  opportunities, socialization, tourism, etc. in
  absence of accessible and safe infrastructure-
  built, transit and external environment.
 Lack of accessible public amenities and poor
  maintenance of public spaces pose another
  threat to women with disabilities.
Inaccessible Infrastructure
 In most cities, the pavements are unusable for a variety
  of reasons – from being dug up and encroached upon to
  being poorly maintained.
 In addition, the pavements are often used as men’s
  urinals, which makes access to these sidewalks
  extremely uncomfortable for women.
 The lack of good lighting in many areas is a further
  hindrance to their mobility and safety.

                              Jagori, Understanding Women’s Safety
                           Towards a Gender Inclusive City 2009-10
Accessible public toilets
 The lack of safe and clean public toilets poses a serious
  safety and public health hazard. In addition, toilets in all the
  cities are poorly designed. For example, the entrance to the
  women’s toilet is often at the same place as the entrance to
  the men’s toilet and this adds to its inaccessibility for women.
 In slums and rural areas, the problem is even more severe as
  there are no private toilets.
 The lack of or the very poor state of the public toilets leaves
  them no option but to use open fields, exposing them to the
  danger of sexual assault.

                Research Study, Accessibility Audit and Inclusion,
                                               Samarthyam, 2010
New Delhi
   Out of 3192 urinals in Delhi, only 132 are for
    women
                                      Shahana Sheikh, Public Toilets in Delhi,
                                              2008, Centre for Civil Society
   In the colleges/university campus, women
    students with disabilities are not able to equally
    access libraries or laboratories, even toilets due
    to the fear of sexual harassment or assault.

   ‘Bus stops are not safe; the bus nearly touches the
    footpath and goes and because of this I got hurt.The
    bus driver did not even have the decency to stop.’
                   Women with visual impairment, DU, FGD Jagori, 2009-10
UNCRPD                                         CEDAW
Art 16: Freedom from                         Articles 2, 5, 11, 12 and 16:
  exploitation, violence and abuse
   States Parties shall take all            • Violence against women of
    appropriate measures to promote          the Convention require the
    the physical, cognitive and              States parties to act to
    psychological recovery, rehabilitation   protect women against
    and social reintegration of persons      violence of any kind occurring
    with disabilities who become victims     within the family, at the work
    of any form of exploitation, violence    place or in any other area of
    or abuse, including through the
                                             social life
    provision of protection services.
    Such recovery and reintegration               General Recommendation No.
    shall take place in an environment            12 (eighth session, 1989)
    that fosters the health, welfare,
    self-respect, dignity and autonomy of
    the person and takes into account
    gender- and age-specific needs.
Need for accessible services and
facilities
 Women with Disability experience more abuse
  than non-disabled women.
 Non-disabled abusers may use a woman’s
  impairment as part of the abuse, increasing both
  the abuser’s power and control and the
  woman’s vulnerability and isolation.
 Are the places where a woman with disability
  can go/live accessible?
Inaccessible Environment-
lead to abuse and harassment
 Women with disabilities find it hard to
  trust people in public and are often
  wary when strangers offer help.
 There are instances when they get into
  ‘uncomfortable situations’ where
  strangers, on the pretext of helping
  them, try to touch them in offensive
  ways.
Abuse due to unfriendly assistive
device and environment




Badly design assistive devices lead to discrimination and abuse:
Court case: Anjlee Agarwal Vs Air India
Access to Information
 Women with Disabilities face higher risk of HIV/AIDs
  because of lack of education
 The implications of this in terms of HIV is that women
  with disabilities - particularly those with speech, hearing
  and intellectual impairments - are more vulnerable to
  sexual exploitation and abuse than men with disabilities
  or non-disabled women

     The Exclusion Of People With Disabilities From HIV Programmes In India, PMO
                                                                      DFID, 2007
UNCRPD                                         CEDAW
Article 20
 Personal Mobility
The countries will make sure that people           No mention
   with disabilities can move around with
   the greatest possible
   independence, including:
   a. Assisting people to move around in the
    way they choose and at a cost that they
    can afford;
    b. Assisting people with disabilities to
    access mobility aids and
    technology, including making sure they do
    not cost a lot;
   c. Providing training in mobility skills for
    people with disabilities and staff working
    with them;
    d. Encouraging those that produce
    mobility aids and technology to take into
    account all aspects of movement
One size fits all?
• ADIP scheme by MSJE do not
have dimension, standards and
customized options for the
women with disabilities.
• There are only two types-
children and adult
• Why women with disability
should use an assistive device
made for MALES!
Anthropometric study on Mobility Aid Users: Indian Context, Samarthyam
                                                         & DFID, 2012
UNCRPD                                   CEDAW
Article 28
Adequate standard of
 living and social                          Social Security
 protection                                  under Economic
    States Parties recognize the            Rights
    right of persons with disabilities
    to social protection and to the
    enjoyment of that right without
    discrimination on the basis of
    disability, and shall take
    appropriate steps to safeguard
    and promote the realization of
    this right
UNCRPD                          CEDAW
Article 30 Participation in
  Cultural
  Life, Recreation, Leisure      No mention
  and Sport
 The countries recognise
  the right of people with
  disabilities to take part in
  cultural life.
Accessibility is a cross cutting issue




                                 Full participation
Independence      Equality
Opening doors-                   Equal opportunities
choices           Self respect   Access to
                                 information, services, faci
Safety            Dignity        lities

Social Security   Empowerment
Recommendations
CEDAW- Amend and Add from CRPD:
   Article 9- Accessibility
   Article 20- Personal Mobility
   Article 28- Adequate standard of living
    and social protection
   Article 30 - Participation in Cultural
    Life, Recreation, Leisure and Sports

     A women friendly world is a world
            Friendly for ALL
References:
Shanta Memorial Rehabilitation Centre
Women with Disability India Network
Draft Report for Justice Verma Commission, 2013

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Accessibility and women with disabilities 2013

  • 1. Accessibility and Women with Disabilities Anjlee Agarwal Executive Director & Access Consultant Member, Women with Disability India Network www.samarthyam.org
  • 2. Background  It has been recognized that women with disabilities may be particularly at risk due to stigmas associated with both disability and gender, and are more likely to suffer from discrimination than women or men without disabilities.
  • 3. Background  In India, women with disabilities are confronted with numerous challenges.  In the absence of well coordinated government policies aimed at integrating disabled persons in mainstream activities, women with disabilities live under extremely difficult conditions, facing discrimination and barriers throughout their life.  Discrimination deprives women with disabilities of fundamental rights and equality of opportunity.
  • 4. Background  The adoption of the UNCRPD has been a path breaking initiative through which we can create an environment of equality and justice.  Though the CRPD has a twin track approach where women’s issues are specifically defined, many women activists have felt the need to strengthen the Convention provisions.  One method is working through other Conventions such as CEDAW and CRC.  As the CEDAW State review is coming up, it was felt that women with disabilities should make their voices heard and their presence felt in this process.
  • 5. Intersecting CEDAW and CRPD  Compare the provisions of CEDAW and CRPD and  To intersect the above said provisions in UNCRPD and CEDAW with an objective to incorporate constructive recommendations in the shadow report of CEDAW
  • 6. UNCRPD CEDAW Article 9: Accessibility  The countries will eliminate No mention barriers that people with disabilities face in buildings, the outdoors, transport, inform ation, communication and services, in both cities and the countryside.  This way people with disabilities can live independently and fully live their lives.
  • 7. Article 9 Accessibility Infra Information All private entities Structure & technology & urban / that offer facilities public and services to the communication rural public must be buildings areas accessible Indoor, transport, ou Access to tdoor facilities services / facilities, emer gency services Universal Design
  • 8. UNCRPD CEDAW Article 6: Article 3: WOMEN WITH DISABILITIES Equality States Parties  recognize that women and girls with  Women are disabilities are subject to multiple fundamentally equal with discrimination, and in this regard men in all spheres of life. shall take measures to ensure the full and equal enjoyment by them of  Countries must take all human rights and fundamental measures to uphold freedoms. women's equality in the  shall take all appropriate measures to ensure the full political, social, economic, development, advancement and and cultural fields. empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present
  • 9. Some facts  Women with disabilities cannot access education, health, employment / livelihood opportunities, socialization, tourism, etc. in absence of accessible and safe infrastructure- built, transit and external environment.  Lack of accessible public amenities and poor maintenance of public spaces pose another threat to women with disabilities.
  • 10. Inaccessible Infrastructure  In most cities, the pavements are unusable for a variety of reasons – from being dug up and encroached upon to being poorly maintained.  In addition, the pavements are often used as men’s urinals, which makes access to these sidewalks extremely uncomfortable for women.  The lack of good lighting in many areas is a further hindrance to their mobility and safety. Jagori, Understanding Women’s Safety Towards a Gender Inclusive City 2009-10
  • 11. Accessible public toilets  The lack of safe and clean public toilets poses a serious safety and public health hazard. In addition, toilets in all the cities are poorly designed. For example, the entrance to the women’s toilet is often at the same place as the entrance to the men’s toilet and this adds to its inaccessibility for women.  In slums and rural areas, the problem is even more severe as there are no private toilets.  The lack of or the very poor state of the public toilets leaves them no option but to use open fields, exposing them to the danger of sexual assault. Research Study, Accessibility Audit and Inclusion, Samarthyam, 2010
  • 12. New Delhi  Out of 3192 urinals in Delhi, only 132 are for women Shahana Sheikh, Public Toilets in Delhi, 2008, Centre for Civil Society  In the colleges/university campus, women students with disabilities are not able to equally access libraries or laboratories, even toilets due to the fear of sexual harassment or assault.  ‘Bus stops are not safe; the bus nearly touches the footpath and goes and because of this I got hurt.The bus driver did not even have the decency to stop.’ Women with visual impairment, DU, FGD Jagori, 2009-10
  • 13. UNCRPD CEDAW Art 16: Freedom from Articles 2, 5, 11, 12 and 16: exploitation, violence and abuse  States Parties shall take all • Violence against women of appropriate measures to promote the Convention require the the physical, cognitive and States parties to act to psychological recovery, rehabilitation protect women against and social reintegration of persons violence of any kind occurring with disabilities who become victims within the family, at the work of any form of exploitation, violence place or in any other area of or abuse, including through the social life provision of protection services. Such recovery and reintegration General Recommendation No. shall take place in an environment 12 (eighth session, 1989) that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
  • 14. Need for accessible services and facilities  Women with Disability experience more abuse than non-disabled women.  Non-disabled abusers may use a woman’s impairment as part of the abuse, increasing both the abuser’s power and control and the woman’s vulnerability and isolation.  Are the places where a woman with disability can go/live accessible?
  • 15. Inaccessible Environment- lead to abuse and harassment  Women with disabilities find it hard to trust people in public and are often wary when strangers offer help.  There are instances when they get into ‘uncomfortable situations’ where strangers, on the pretext of helping them, try to touch them in offensive ways.
  • 16. Abuse due to unfriendly assistive device and environment Badly design assistive devices lead to discrimination and abuse: Court case: Anjlee Agarwal Vs Air India
  • 17. Access to Information  Women with Disabilities face higher risk of HIV/AIDs because of lack of education  The implications of this in terms of HIV is that women with disabilities - particularly those with speech, hearing and intellectual impairments - are more vulnerable to sexual exploitation and abuse than men with disabilities or non-disabled women The Exclusion Of People With Disabilities From HIV Programmes In India, PMO DFID, 2007
  • 18. UNCRPD CEDAW Article 20  Personal Mobility The countries will make sure that people No mention with disabilities can move around with the greatest possible independence, including:  a. Assisting people to move around in the way they choose and at a cost that they can afford; b. Assisting people with disabilities to access mobility aids and technology, including making sure they do not cost a lot;  c. Providing training in mobility skills for people with disabilities and staff working with them; d. Encouraging those that produce mobility aids and technology to take into account all aspects of movement
  • 19. One size fits all? • ADIP scheme by MSJE do not have dimension, standards and customized options for the women with disabilities. • There are only two types- children and adult • Why women with disability should use an assistive device made for MALES! Anthropometric study on Mobility Aid Users: Indian Context, Samarthyam & DFID, 2012
  • 20. UNCRPD CEDAW Article 28 Adequate standard of living and social  Social Security protection under Economic  States Parties recognize the Rights right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right
  • 21. UNCRPD CEDAW Article 30 Participation in Cultural Life, Recreation, Leisure No mention and Sport  The countries recognise the right of people with disabilities to take part in cultural life.
  • 22. Accessibility is a cross cutting issue Full participation Independence Equality Opening doors- Equal opportunities choices Self respect Access to information, services, faci Safety Dignity lities Social Security Empowerment
  • 23. Recommendations CEDAW- Amend and Add from CRPD:  Article 9- Accessibility  Article 20- Personal Mobility  Article 28- Adequate standard of living and social protection  Article 30 - Participation in Cultural Life, Recreation, Leisure and Sports A women friendly world is a world Friendly for ALL
  • 24. References: Shanta Memorial Rehabilitation Centre Women with Disability India Network Draft Report for Justice Verma Commission, 2013