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WE URGE…

WE URGE…. Scenario of Violence in Women with Disability in Nepal. Presented by Tika Dahal:Senior Advisor of Nepal Disabled Women Association General Secretary: National Federation of the Disabled Nepal (NFDN). Outlining the Presentation. Introduction VAWwDs in Nepal

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WE URGE…

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  1. WE URGE…

  2. Scenario of Violence in Women with Disability in Nepal Presented by Tika Dahal:Senior Advisor of Nepal Disabled Women Association General Secretary: National Federation of the Disabled Nepal (NFDN)

  3. Outlining the Presentation • Introduction • VAWwDs in Nepal • National Legal Provisions to combat VAWwDs • Gaps at National and International Instruments and Practices • Summary of WwDs Movement in Nepal • Way Forward

  4. 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 context • Violence against Women (VAW) is rampant in Nepal.

  5. Introduction continues… Women from Birth to Post Childhood Childhood Post Child hood /pre-puberty Before Birth After Birth Little investment is made Mother is mentally tortured Forced marriage Fetus is killed

  6. 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

  7. 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.

  8. Facts on Overall Situation of WwDs Source: Study on Reproductive Health & Violence against WWD's in Nepal, NDWA 2010

  9. Case Stories on VoWwDs After victimization, she is rehabilitated and Rup kumari being economically empowered Sunmaya Tamang, Phulmati Gimire, Kali bk

  10. 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

  11. PwDs/WwDs Movement in Nepal Rally of WwDs • 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.

  12. 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 !!

  13. 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

  14. 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.

  15. 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.

  16. Sexuality of WwDs: • 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. Involved in Income Generation Activity

  17. 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

  18. 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.

  19. 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.

  20. 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

  21. 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.

  22. 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

  23. THANK YOU FOR YOUR PATIENT LISTENING!!!????

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