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

Conclusion

At a macro-level, WWDA acknowledges that the Australian Government is striving to have a more open and transparent relationship with individuals, and is putting a fairer structure around the operation and tax regime of non-government Not-For-Profit organisations, whilst recognising their contribution to the economy. In the last decade, WWDA has come of age as an organization, and built a reputation as a significant contributor to dialogue on human rights and women with disabilities. WWDA’s interactions with politicians and government are more frequent, and there is a noticeable improvement in consideration of intersectional issues, and of the need for both targeted and mainstream measures to improve the status of women with disabilities. At an operational level, there has been little change in WWDA’s interaction with government over the last 10 years, and little change in level of funding despite marked increases in the scope of our work. WWDA’s motivation remains consistent and we are committed to our vision to improve the lives and life chances of women with disabilities.

Resources – Books, Reports, Websites, Lists
Organisation: Paralogic

Paralogic was established in response to the high recurring cost of continence products in Australia, particularly urinary catheters. Paralogic are a retailer of a new brand of urinary catheters in Australia, providing a cheap, quality alternative in an expensive market. Paralogic catheters are: Single use, disposable, nelaton catheters for intermittent use; PVC, DEHP free, latex free; available in sizes FG10, 12, 14 & 16. Catheters start from 30c to 50c each. The minimum order is a box of 100. Prices exclude postage.

For more information, go to: http://www.paralogic.com.au/
Resource: Guide for Monitoring Progress on the Implementation of the Convention on the Rights of Persons with Disabilities
The Community for All guide and checklist offers a detailed look at the rights identified in the UN Convention on the Rights of Persons with Disabilities (CRPD), especially Article 19 of the CRPD which provides for the right to live independently and be included in the community. The guide and checklist are intended to help advocates and program implementers identify the obligations on States to realize these rights. Community for All promotes the right of all people with disabilities to live and participate in the community as equal citizens, particularly in countries in which people with disabilities continue to be segregated in institutions. This guide and checklist were developed as part of a project of the Mental Health Initiative and the Law and Health Initiative of the Open Society Public Health Program. They are intended as working documents. Feedback on how these materials may be improved is welcome.
Download the Community for All Checklist at:

http://www.soros.org/initiatives/health/focus/mhi/articles_publications/publications/community-for-all-20111202/community-for-all-checklist-20111202.pdf
Download the Community for All Guide at:

http://www.soros.org/initiatives/health/focus/mhi/articles_publications/publications/community-for-all-20111202/community-for-all-guide-20111202.pdf
Report: Travel UnLimited: A Report into Inaccessible Transport throughout Australia
This recently released report was researched and authored by Sheila King, from the Australian based organisation Australia For All Alliance Inc. The research covered transport companies as they appeared on the ‘Bus Australia’ web site and in the Yellow Pages of telephone directories under ‘Transport’. The database established for the Project covered companies from all States and Territories. The final database was made up of the names of nearly 2,626 companies. The findings of the study have been detailed in this report. To access a copy of the Report, go to: http://dl.dropbox.com/u/8608264/AfA%20Transport%20report.pdf

Organisation: Private Mental Health Consumer Carer Network (Australia)
The Private Mental Health Consumer Carer Network (the Network) was formed in 2002 to promote the interests of members of the community requiring private mental health services, and it provides a strong voice for people with a mental health problem or mental illness, their families and the community. The network is an integral part of key policy and decision making processes affecting many Australians, and it advocates for improved private mental health services. Joining the Network is free, and as members you will have an effective organisation that can confidently speak out to address issues and concerns on your behalf; email access to information on mental health matters; e-mail newsletters and e-news alerts. A Tasmanian branch of the Network is currently being established. The newly forming Tasmanian committee will meet for the first time on 19 January, 2012, from 2-5 pm at the first floor meeting room in the McDougall Building (Off Ellerslie Rd in Battery Point). Each consumer and carer who become members of the Tasmanian committee will receive a sitting fee of $25 per meeting, and the Tasmanian committee meetings are held twice a year. If you are interested in joining the Tasmanian Committee, you can contact Lucy Henry by email on: [e-mail] or via phone on: 0438 973 333.
For more information about the Private Mental Health Consumer Carer Network, go to: www.pmhccn.com.au

Article: Domestic violence in Australia - an overview of the issues

This background note is a guide to research and resources on domestic violence in Australia. It is intended as an update to previous Parliamentary Library publications on this topic. It includes an overview of research on the prevalence of domestic violence, attitudes and risk factors, at risk groups and communities and the costs of domestic violence to communities and to the economy. It also covers policy approaches designed to prevent domestic violence, a survey of current Australian Government programs and initiatives and a review of future directions in domestic violence prevention.

To download a copy of the article, go to: http://www.aph.gov.au/library/pubs/bn/sp/DVAustralia.pdf
Article: Responding to women’s experiences of sexual assault in institutional and care settings
This article (Nov 2011) by Haley Clark and Bianca Fileborn from the Australian Centre for the Study of Sexual Assault (ACSSA) outlines key issues in institutional and care settings with identifying and responding to women’s recent and past experiences of sexual assault. In this paper, the authors draw together the common or shared elements of various institutions identified in the literature. They consider the historical socio-political context of women’s institutionalisation. They consider the prevalence of sexual assault, both current and historical, within various institutional settings and explore some of the barriers to disclosing and responding to sexual assault within these settings. Finally, the authors discuss the relevance of cultural and structural issues in responding to and addressing sexual assault within institutional settings.
To download a copy of the article, go to: http://www.aifs.gov.au/acssa/pubs/wrap/wrap10/index.html


Join WWDA!

The success of Women With Disabilities Australia (WWDA) relies heavily on the participation and goodwill of our members. We are always seeking women with disabilities who would like to represent WWDA at government consultations, workshops, forums and committees, as well as helping us in other ways such as commenting on WWDA documents and reports; presenting papers at Conferences; writing articles for our website, becoming members of our Management Committee and so on. WWDA is a Public Benevolent Institution, which means that donations over $2 are tax deductible. Remember, becoming a financial member of WWDA entitles you to nominate for the Management Committee when vacancies arise and/or vote at annual elections.

WWDA’s Membership Form is available from the WWDA website at: http://www.wwda.org.au/member.htm
or by contacting WWDA

News Wanted For WWDA-NEWS!
Women with Disabilities Australia (WWDA) produces this newsletter, WWDA-News, quarterly. If any organisation or individual has any relevant information/news that you would like to share please forward to [e-mail] for inclusion. We look forward to hearing from you. NB: Space is limited and the editorial committee reserves the right to decide the content of WWDA-News.

Appendix 1: References for Briefing Paper: Sterilization of Women and Girls with Disabilities
[1] Mosby’s Medical Dictionary, 8th edition, 2009, Elsevier. Voluntary sterilization refers to the process or act being undertaken with the individual’s free and informed consent. Conversely, involuntary sterilization refers to the process or act being undertaken without the free and informed consent of the individual, such as when a person is forced or coerced into submitting to a sterilization procedure.
[2] See for example: UN General Assembly, Convention on the Rights of Persons with Disabilities, 24 January 2007, A/RES/61/106, [Art.23]; UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, 2200A (XXI), [Art.7, 17]; UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, 2200A (XXI), [Art.10]; UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, 34/180, [Art.16]; United Nations, The Beijing Declaration and the Platform for Action: Fourth World Conference on Women, Beijing, China, 4-15 September 1995, A/CONF.177/20/Add.1; [paras.94-96].
[3] See for example: Brady, S., Briton, J., & Grover, S. (2001) The Sterilisation of Girls and Young Women in Australia: Issues and Progress. A report commissioned by the Federal Sex Discrimination Commissioner and the Disability Discrimination Commissioner; Human Rights and Equal Opportunity Commission, Sydney, Australia. Available online at: www.wwda.org.au/brady2.htm; Brady, S. (2001) The sterilisation of girls and young women with intellectual disabilities in Australia: An audit of Family Court and Guardianship Tribunal cases between 1992-1998. Available online at: www.wwda.org.au/brady2001.htm; Ana Peláez Narváez, Beatriz Martínez Ríos, and Mercé Leonhardt Gallego, Maternidad y Discapacidad [available in Spanish] (Comité Representante de Personas con Descapacidad, Barclays Fundación, Ediciones Cinca, 2009), p.65; Human Rights Watch interview with Dr. Lalitha Joshi, gynecologist and President of the Down’s Syndrome Association, Kathmandu, Nepal, March 30, 2011; Human Rights Watch (2011), Futures Stolen: Barriers to Education for Children with Disabilities in Nepal. Available online at: http://www.hrw.org/reports/2011/08/24/futures-stolen.
[4] FIGO (International Federation of Gynecology and Obstetrics), Contraceptive Sterilization Guidelines, Recommendation 5. Available at: http://www.figo.org/files/figo-corp/FIGO%20-%20Female%20contraceptive%20sterilization.pdf.
[5] UN Human Rights Council, Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development : report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak, 15 January 2008, A/HRC/7/3, [paras.38, 39]. See also UN Committee Against Torture (CAT Committee), General Comment No. 2: Implementation of Article 2 by States Parties, 24 January 2008, CAT/C/GC/2 [para.22]; UN General Assembly, Rome Statute of the International Criminal Court (last amended January 2002), 17 July 1998, A/CONF. 183/9 [Article 7(1)(g)].
[6] Brady, S., Briton, J., & Grover, S. (2001), OpCit.
[7] Dowse, L. & Frohmader, C. (2001) Moving Forward: Sterilisation and Reproductive Health of Women and Girls with Disabilities, A Report on the National Project conducted by Women with Disabilities Australia (WWDA), Canberra.
[8] Open Society Foundations. Against Her Will: Forced and Coerced Sterilization of Women Worldwide. September 2011. Available online at: http://www.soros.org/initiatives/health/focus/law/articles_publications/publications/against-her-will-20111004/against-her-will-20111003.pdf.
[9] UN Committee on the Rights of Persons with Disabilities (CRPD Committee), Concluding Observations: Tunisia, para. 29, U.N. Doc. CRPD/C/TUN/CO/1 (2011).
[10] UN Committee on Economic, Social and Cultural Rights (CESCR Committee) General Comment No.5 [at par 31] states: Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, “persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood”….Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2).
[11] Human Rights Committee (2000), International Covenant on Civil and Political Rights (CCPR), General Comment No. 28: Equality of rights between men and women, 29 March 2000, CCPR/C/21/Rev.1/Add.10, [at para.11 & 20 ].
[12] UN Committee Against Torture (CAT Committee), Concluding Observations: Slovakia, para 14, U.N. Doc. CAT/C/SVK/CO/2 (2009); Czech Republic, para 6(n), U.N. Doc. CAT/C/CR/32/2.
[13] UN Committee on the Rights of the Child (CRC Committee), General comment No. 13 (2011): Article 19: The right of the child to freedom from all forms of violence, 17 February 2011, CRC/C/GC/13 [paras.16, 21].
[14] CRC Committee General Comment No.9 [at para.60] states: “The Committee is deeply concerned about the prevailing practice of forced sterilisation of children with disabilities, particularly girls with disabilities. This practice, which still exists, seriously violates the right of the child to her or his physical integrity and results in adverse life-long physical and mental health effects. Therefore, the Committee urges States parties to prohibit by law the forced sterilisation of children on grounds of disability.”
[15] CRC Committee General Comment No. 13 [at para.61] states: “The Committee emphasizes that the interpretation of a child’s best interests must be consistent with the whole Convention, including the obligation to protect children from all forms of violence. It cannot be used to justify practices, including corporal punishment and other forms of cruel or degrading punishment, which conflict with the child’s human dignity and right to physical integrity. An adult’s judgment of a child’s best interests cannot override the obligation to respect all the child’s rights under the Convention.”
[16] Committee on the Elimination of Discrimination Against Women (CEDAW Committee) (1999), General recommendation No. 24: Article 12 of the Convention (women and health), A/54/38/Rev.1, chap. I; [para.22].
[17] CEDAW Committee (2010) Concluding observations of the Committee on the Elimination of Discrimination Against Women: Australia. CEDAW Forty-sixth session, 12 – 30 July 2010. CEDAW/C/AUS/CO/7. See http://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm
[18] Radhika Coomaraswamy (1999), Report of the Special Rapporteur on Violence Against Women, its Causes and Consequences: Policies and practices that impact women’s reproductive rights and contribute to, cause or constitute violence against women, (55th Sess.), E/CN.4/1999/68/Add.4 (1999), [para. 51].
[19] UN Human Rights Council, Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, 15 January 2008, A/HRC/7/3, [paras.38, 39].
[20] United Nations, The Beijing Declaration and the Platform for Action: Fourth World Conference on Women, Beijing, China, 4-15 September 1995; A/CONF.177/20/Add.1. [paras. 95-96]
[21] FIGO Contraceptive Sterilization Guidelines, Principle 7.
[22] FIGO Contraceptive Sterilization Guidelines, Principle 1.
[23] FIGO Contraceptive Sterilization Guidelines, Principle 12, Recommendation 2.
[24] FIGO Contraceptive Sterilization Guidelines, Principle 12.
[25] FIGO Contraceptive Sterilization Guidelines, Principle 10, Recommendation 3.

Appendix 2: References for Article: ‘Tunnel Vision or Fine Tuning? – a focus on government & women with disabilities’

[1] Barron, K. (1997, April). The bumpy road to womanhood. Disability & Society, 12(2), 223-240.

[2] http://en.wikipedia.org/wiki/Intersectionality
[3] Crenshaw, Kimberlé W. (1991). Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color, Stanford Law Review, Vol. 43, No. 6., pp. 1241–1299.
[4] Frohmader, C, There’s no Justice, There’s just us: the Status of women with disabilities in Australia, WWDA 2002
[5] http://en.wikipedia.org/wiki/Women%27s_studies
[6] Finkelstein, V (2004) Disability Studies: Putting theory into Practice (Phase 3: Conceptualising new Services) Lancaster University 2004
[7] Frohmader, C & Meekosha ,H (2010) Recognition, respect and rights: Women with disabilities in a globalised world, WWDA 2010
[8] Silvers, A, Feminist Perspectives on Disability, The Stanford Encyclopedia of Philosophy (Summer 2009 Edition), Edward N. Zalta (ed.), http://plato.stanford.edu/archives/sum2009/entries/feminism-disability
[9] Saxton, M Disability Rights & Selective Abortion [Excerpted from: Abortion Wars, A Half Century of Struggle: 1950 to 2000. Rickie Solinger (ed) Berkeley, CA: University of California Press, 1998.
[10] Productivity Commission (2010) Contribution of the Not-for-Profit Sector – Research Report, February 2010
[11] http://www.ngo.org/ngoinfo/define.html
[12] Australian Government (2011) National Compact – Working together – part of the Social Inclusion Agenda, 2011.
[13] Henry, K et al (2009) Australia’s Future Tax System, Commonwealth of Australia Department of Treasury, 2009, http://taxreview.treasury.gov.au/content/Content.aspx?doc=html/pubs_reports.htm
[14] US Government White Paper (2010) Gov 2.0: Promoting Inclusive, Open and Transparent Government through Technology Transparency, Microsoft Corporation and Hi Software Inc., 2010
[15] The Hon. Sen. Kate Lundy won the 2010 International eDemocracy award, conducted by the World e.Gov Forum & Politics Online, for her work conducting 3 Public Sphere events: http://www.katelundy.com.au/category/campaigns/publicsphere/
[16] ACOSS 2005, Cheverton, J Past their peak? Governance and the future of peak bodies in Australia, viewed online 19 November 2011 at: http://findarticles.com/p/articles/mi_hb3359/is_3_40/ai_n29223324/pg_7/?tag=content;col1
[17] http://www.abs.gov.au/websitedbs/c311215.nsf/web/gender
[18] http://www.abs.gov.au/ausstats/abs@.nsf/mf/4533.0
[19] Frohmader, C (2011) Assessing the situation of women with disabilities in Australia: A human rights approach WWDA 2011
[20] http://www.unhchr.ch/tbs/doc.nsf/0/5864389fbe4047a9c1257245003e0bdf/$FILE/N0623798.pdf
[21] http://www2.ohchr.org/english/bodies/cedaw/docs/co/CEDAW-C-AUS-CO-7.pdf
[22] UN Economic and Social Council, (201) Commission on the Status of Women 55^th Session: Draft agreed conclusions submitted by the Chair of the Commission on the Status of Women on the basis of informal consultations: Access and participation of women and girls in education, training and science and technology, including for the promotion of women’s equal access to full employment and decent work, E/CN.6/2011/L.6, 2011
[23] http://www.fahcsia.gov.au/sa/women/progserv/violence/nationalplan/Pages/default_new.aspx
[24] http://www.un.org/disabilities/convention/about.shtml