Women With Disabilities Australia (wwda) wwda-news issue 4, 2011 Prepared by Carolyn Frohmader for Women With Disabilities Australia (wwda) Copyright Women With Disabilities Australia (wwda) December 2011 issn: 1836-7739
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- Bu səhifədəki naviqasiya:
- International Human Rights Standards
- Recommendations
- The National ‘Shut-In’ Campaign
- WWDA welcomes new Management Committee members Iva Strnadová - NSW
- Marrette Corby – TAS
- Joanna Siejka – TAS
- WWDA Member Profile: Anne Marie Howarth
- Draft National Human Rights Action Plan Released
- 29 February 2012
- National Disability Insurance Scheme (NDIS) Update
Background Systemic prejudice and discrimination against women and girls with disabilities continues to result in widespread denial of their right to experience their sexuality, to have sexual relationships and to found and maintain families. The right to bodily integrity and the right of a woman to make her own reproductive choices are enshrined in a number of international human rights treaties and instruments. [2] However, throughout the world, an alarming number of women and girls with disabilities have been, and continue to be, denied these rights through the practice of forced sterilization. [3] Sterilization is an irreversible medical procedure with profound physical and psychological effects. Forced sterilization is an act of violence, [4] a form of social control, and a violation of the right to be free from torture and other cruel, inhuman or degrading treatment or punishment. [5] Across the globe, forced sterilization is performed on young girls and women with disabilities for various purposes, including eugenics-based practices of population control, menstrual management and personal care, and pregnancy prevention (including pregnancy that results from sexual abuse). [6] The practice of forced sterilization is part of a broader pattern of denial of the human rights, including reproductive rights of women and girls with disabilities. This denial also includes systematic exclusion from comprehensive reproductive and sexual health care, limited voluntary contraceptive choices, a focus on menstrual suppression, poorly managed pregnancy and birth, involuntary abortion and the denial of rights to parenting. These practices are framed within traditional social attitudes that characterize disability as a personal tragedy or a matter for medical management and rehabilitation. [7] The difficulty some women with disabilities may have in understanding or communicating what was done to them increases their vulnerability to forced sterilization. A further aggravating factor is the widespread practice of legal guardians or others making life-altering decisions for persons with disabilities, including consenting to sterilization on their behalf. [8] In many countries, the practice of forced sterilization continues to be debated and justified by governments, legal, medical and other professionals, and family members and carers as being in the “best interests” of women and girls with disabilities. However, arguments for their “best interests” often have little to do with the rights of women and girls with disabilities and more to do with social factors, such as avoiding inconvenience to caregivers, the lack of adequate measures to protect against the sexual abuse and exploitation of women and girls with disabilities, and the lack of adequate and appropriate services to support women with disabilities in their decision to become parents. Such measures include making sexual education and parenting programs available and accessible, training in self defense and assertiveness, providing the necessary personal assistance and support services in the community that will reduce the risk of sexual abuse, monitoring closed settings in which women and girls with disabilities are often placed (such as orphanages, psychiatric hospitals, and institutions), and providing alternative methods of contraception which are not irreversible or as intrusive as sterilization. Safeguards to prevent forced sterilization should not infringe the rights of women with disabilities to choose sterilization voluntarily and be provided with the necessary supports to ensure that they can make and communicate a choice based on free and informed consent. International Human Rights Standards The Convention on the Rights of Persons with Disabilities provides a basis for upholding the rights of persons with disabilities and contains specific articles of relevance to the issue of involuntary sterilization. Article 23 reinforces the right of people with disabilities to found and maintain a family and to retain their fertility on an equal basis with others. Article 12 reaffirms the right of persons with disabilities to recognition everywhere as persons before the law and to enjoy legal capacity on an equal basis with others, including access to the support they may require to exercise their legal capacity. Article 25 clearly articulates that free and informed consent should be the basis for providing health care to persons with disabilities. The Committee on the Rights of Persons with Disabilities recommended “the abolition of surgery and treatment without the full and informed consent of the patient” in one of its first recommendations to a state party. [9] The Committee on Economic, Social and Cultural Rights has stated that forced sterilization of girls and women with disabilities is a breach of Article 10, protecting the family, of the International Covenant on Economic, Social and Cultural Rights. [10] The Human Rights Committee addresses the prohibition of forced sterilization in the International Covenant on Civil and Political Rights through Article 7, prohibiting torture, cruel, inhuman or degrading treatment; Article 17, ensuring the right to privacy; and Article 24, mandating special protection for children. [11] The Committee Against Torture has recommended that States take urgent measures to investigate promptly, impartially, thoroughly, and effectively all allegations of involuntary sterilization of women, prosecute and punish the perpetrators, and provide the victims with fair and adequate compensation. [12] The Committee on the Rights of the Child has identified forced sterilization of girls with disabilities as a form of violence [13] and noted that State parties to the Convention on the Rights of the Child are expected to prohibit by law the forced sterilization of children with disabilities. [14] The Committee has also explained that the principle of the “best interests of the child” cannot be used to justify practices which conflict with the child’s human dignity and right to physical integrity. [15] The Committee on the Elimination of Discrimination against Women has considered forced sterilization a violation of a woman’s right to informed consent, infringing on her right to human dignity and physical and mental integrity. [16] The Committee has clarified that except where there is a serious threat to life or health, the practice of sterilization of girls, regardless of whether they have a disability, and of adult women with disabilities in the absence of their fully informed and free consent, should be prohibited by law. [17] The United Nations Special Rapporteur on violence against women has asserted that forced sterilization is a method of medical control of a woman’s fertility. It violates a woman’s physical integrity and security and constitutes violence against women. [18] The United Nations Special Rapporteur on torture has emphasised that forced sterilization of women with disabilities may constitute torture or cruel or inhuman treatment, and that forced sterilization constitutes a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population. [19] The Beijing Declaration and Platform for Action (BPA) identifies forced sterilization as an act of violence and reaffirms the rights of women, including women with disabilities, to found and maintain a family, to attain the highest standard of sexual and reproductive health, and to make decisions concerning reproduction free from discrimination, coercion, and violence. [20] Recommendations In June 2011 the International Federation of Gynecology and Obstetrics (FIGO) issued new guidelines on female contraceptive sterilization and informed consent. The following recommendations expand on these guidelines with specific considerations for women and girls with disabilities. These recommendations should be reflected in laws and policies governing sterilization practices as well as in other professional guidelines and ethical standards.
The National ‘Shut-In’ Campaign ‘Shut-In’ is the national campaign to raise awareness about people with disabilities in institutions, take action to close institutions and to advocate for housing and supports that enable people with disabilities to live in the community in the same way as everyone else. ‘Shut-In’ is a human rights campaign that is underpinned by the UN Convention on the Rights of Persons with Disabilities (CRPD). The Shut-In Campaign has a very simple, yet critical human rights message – people with disabilities have a right to live and be included in the community. This is a right enshrined in the CRPD. One of the most pervasive human rights abuses experienced by people with disability is their segregation and isolation from the community in congregate care facilities. Article 19 of CRPD [the right to live independently and be included in the community] is derived from traditional rights to liberty, security and freedom of movement. Accommodating people with disabilities in institutional accommodation is a clear breach of these fundamental human rights. ‘Shut-In’ draws attention to the fact that there are still people with disabilities living in institutional accommodation in Australia today. Governments continue to fund this form of accommodation, and in some cases have rebuilt institutional accommodation for people with disabilities. The ‘Shut-In’ Campaign, launched on International Day of People with Disabilities 2011, calls on governments to take immediate action to close all residential institutions accommodating people with disabilities, including those operated by non-government and private sectors, and allocate and provide the resources necessary for people to move to individualised community based housing and support options that will support their inclusion and participation in the general community. The ‘Shut-In’ Campaign website brings together information and resources, personal stories from people who have lived in institutions, State and Territory reports on advocacy actions and events and information about how to get involved in supporting the campaign. For more detailed information on the campaign and the organisations involved, visit the ‘Shut-In’ website at: www.shutin.org.au WWDA welcomes new Management Committee members Iva Strnadová - NSW Dr. Iva Strnadová, PhD. is a Senior Lecturer in Special Education at the University of New South Wales (UNSW) in Sydney. She is also an Honorary Senior Lecturer at the University of Sydney, Faculty of Education and Social Work, Sydney, Australia. She worked for 8 years as a Senior Lecturer and later as an Associate Professor at the Charles University in Prague, Czech Republic prior to her appointment at UNSW. Iva has a strong history in securing national and international research grants. Since 2005, she has participated in more than fifteen different research projects on a national and international level. She is the recipient of the UNSW 2012 Gold Star Award to conduct the study "Investigating the Coping Skills of Ageing Women with Intellectual Disabilities: Developing a Strategy-Based Framework for Promoting Healthy Ageing.” Iva has published two professional books in the field of special education, co-authored eight other books and co-edited two books. She has published a number of journal articles and papers. Her research interests include ageing with intellectual disabilities, women with intellectual disabilities, across the life span experiences of families caring for a child with a disability and inclusive education. She is currently conducting a study on using iPads to support ageing women with intellectual disabilities to participate as researchers. Since joining WWDA, Iva Strnadová has undertaken a number of representative roles, including representing WWDA on the NSW Strengthening Victim’s Rights Non-Government Implementation Group. Marrette Corby – TAS Hi, my name is Marrette Corby and I live in Hobart, Tasmania. I have lived here for ten years, but prior to that, I lived in Sydney and went to Sydney University. I completed three degrees and am now practicing as a social worker so I have left my law degree and arts degree just as useful background at the moment. I lost my sight slowly from the age of seven and I am now completely blind. My exciting piece of news is that I actually went parachuting two years ago – I have never been so scared but I did do it – jumped out of a perfectly operational plane. (Readers of WWDA-News may remember Marrette’s article about her parachuting experience, in WWDA-News, Issue 1 2010). Joanna Siejka – TAS Joanna is the Chief Executive Officer of The Youth Network of Tasmania (YNOT), the peak youth body for the non-government youth sector in Tasmania. YNOT has input into and responds to policy direction, advocates for the youth sector and lobbies for the needs and initiatives of young people. Integral to the work of YNOT is the youth participation structure, known as the Tasmanian Youth Forum (TYF), which is Tasmania’s peak youth consultative and participatory body. Joanna has worked within the community sector for some years now and is passionate about social justice issues. She is particularly interested in ensuring that the needs of young people are met and their voices heard, and has specific interests in the areas of disability, homelessness, mental health and juvenile justice. Joanna is also a member of the Homelessness Australia Board. WWDA Member Profile: Anne Marie Howarth This is a story about starting a business, and how acquiring a disability set a course in motion. In 2005, I suffered a T7 incomplete spinal cord injury in a motorcycling accident. I was 31 years old. I checked out of hospital 5 months later with a wheelchair, I returned to work part time, found a new place to live, new people to live with, a new-ish car with hand controls, and new ways to spend my time. Eventually I attained a level of health and wellbeing, which enabled me to explore adventure opportunities including sit skiing, flying a plane with hand controls and ocean swimming. These activities brought me into contact with some really lovely people, one of whom is now my partner. At 36, I was contracting in a web job which no longer challenged me, I hadn’t seen the world, and I realised it was time for a change. I wanted to do something of real value with my life and I wanted to help the disability community. While investigating options for my future, I was also investigating where to find cheaper urinary catheters. I was searching the internet to see what prices were being paid overseas, what could be imported and what the Australian regulations were. It appeared that the only way to source cheaper catheters was to do it in bulk, but manufacturers required minimum orders in the tens of thousands, and this meant registration with the Therapeutic Goods Administration (TGA). I had two problems, which I eventually realised could have the same answer. So, while working part time, I started taking small business courses and researching every aspect of a medical import and retail business. A year later, Paralogic was launched. When I started this company, I felt that there had to be other people out there in the same situation as me – footing enormous annual medical costs on a part time income or pension. I hoped that I could make a real difference in people’s lives, at the hip pocket. It has since become clear that there are a very large number of people in the same situation. One lady who receives a pension told me she was having to decide between food and catheters. I hear stories like this every day. At present Paralogic is selling a range of disposable catheters at close to half the price of the nearest competitor. In time, I hope to have a comprehensive range of continence products, and provide some real competition in a very expensive market. To find out more, visit the website at www.paralogic.com.au. I would encourage anyone with a disability who is considering starting a business to give it a go. If I could offer any one piece of advice, it would simply be to start. Draft National Human Rights Action Plan Released On Friday 9 December, the Attorney-General Robert McClelland launched an exposure draft of Australia’s new National Human Rights Action Plan and the final Baseline Study. Among the range of measures that will be undertaken to improve human rights in the coming years, the Australian Government has committed to a number of new actions to better protect and promote human rights under the Action Plan. These new actions include:
In relation to the issue of sterilisation of girls and women with disabilities, the Draft Action Plan proposes that: “The Australian Government will work with States and Territories to clarify and improve laws and practices governing the sterilisation of women and girls with disability.” WWDA’s previous Submissions to the Attorney-General, including those to the process of developing this Human Rights Plan, have always strongly argued for the development of national legislation prohibiting the non-therapeutic sterilisation of girls and adult women with disabilities in the absence of their fully informed and free consent. WWDA will be providing feedback and comment on the Draft National Human Rights Action Plan, which is now open for public consultation until 29 February 2012. If you have any specific comments you would like WWDA to include in our response, please send them to us at wwda@wwda.org.au or contact us by phone and we can take down your comments over the phone. If you need help to provide a response, please let us know and we will assist you. Electronic versions of the exposure Draft National Human Rights Action Plan and Baseline Study are available at www.ag.gov.au/nhrap Public comments on the Draft National Human Rights Action Plan should be submitted to nhrap@ag.gov.au no later than 29 February 2012. National Disability Insurance Scheme (NDIS) Update In August 2011, following a two year Productivity Commission Inquiry into the Feasibility of a Long-term Care and Support Scheme for People with Disability in Australia, the Council of Australian Governments (COAG) agreed on the need for major reform of disability services in Australia through a National Disability Insurance Scheme (NDIS) by mid-2013. The NDIS will provide insurance cover for all Australians in the event of ‘significant disability’. The main function of the NDIS would be to fund long-term high quality care and support (but not income) for an estimated 410,000 people with ‘significant disabilities’. COAG will develop high-level principles by the end of 2011 to guide consideration of the Productivity Commission’s recommendations regarding an NDIS, including for foundation reforms, funding and governance. The NDIS Advisory Group was also announced by the Prime Minister in August 2011. The Advisory Group will help steer the development of a NDIS by providing advice on progress with the foundation reforms required to improve the system of care and support for Australians with disability and their carers. The Advisory Group will work closely with all governments as they work to deliver foundation reforms in preparation for the NDIS. They will also conduct consultations with the disability sector and a series of community consultations around the country. The Group will be supported by expert working groups to provide advice on specific elements of reform. The members of the NDIS Advisory Group are:
At the Community and Disability Services Ministers’ Conference (CDSMC) in March 2009, Ministers agreed to contribute $10 million over five years from the National Disability Agreement towards disability research. In September 2009, the CDSMC agreed to the governance structure for the research program. The National Disability Research Agenda and roundtable arrangements are currently under development. In December 2011, the Victorian Government announced that it has committed $1.18 million as Victoria’s contribution to the $10 million National Disability Research and Development Agenda, and that this funding will now be prioritised towards research that helps prepare for an NDIS. For more information on the NDIS, including how to subscribe to receive regular updates and information, go to: http://www.ndis.gov.au For a copy of the Productivity Commission’s Inquiry Report go to: http://www.pc.gov.au/projects/inquiry/disability-support/report For more information on the National Disability Research Agenda, and the National Disability Policy & Research Working Group, go to: http://www.dprwg.gov.au Yüklə 241,75 Kb. Dostları ilə paylaş:
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