Women with disability: violence in institutional settings

1. Women with disability:violence in institutional settings “The Committee recommends that [Australia] address, as a matter of priority, the abuse and violence experienced by women with disabilities living in institutions or supported accommodation” - UN CEDAW Committee 2010 Therese Sands People with Disability Australia 10 August 2012

2. About PWD Australia • Disabled Peoples’ Organisation (DPO): - formed in 1981 - cross-disability - human rights focus • Main activities: - membership representation & engagement - rights-based information and training - individual and systemic advocacy

3. Institutional settings, violence and women with disability • Lived experience of our membership • Key priorities in our strategic plan – closure of institutions / women with disability • Experiences from individual and systemic advocacy work • Overwhelming evidence over many years exposing negative aspects of institutional settings • Increasing evidence about prevalence of violence and exploitation experienced by people with disability, particularly women with disability • UN Convention on the Rights of Persons with Disabilities (CRPD)

4. Gender-based violence • Violence directed against a woman because she is a woman or that affects a woman disproportionately: • domestic violence, family violence, intimate partner violence • sexual violence, sexual assault, rape, marital rape, gang rape, date rape, indecent assault, sexual harassment, • child abuse, child sexual abuse, paedophilia, incest • lesbian bashing, elder abuse • genital mutilation • enforced prostitution • enforced sterilisation, enforced abortion, killing of unwanted female babies

5. Disability-based violence • Rarely called ‘violence’ - defined as ‘abuse and neglect’: - financial abuse, sexual abuse, physical abuse • Service system response rather than criminal or human rights response: - restrictive practices, behaviour intervention, health or medical treatment, risk management strategy • Gender-neutral: • Disability service legislation and standards silent on gender; • very few gender specific prevention and response measures

6. Advocacy, campaigning and activism: - Licensed Residential Centres (Boarding Houses) • Individual advocacy: - Boarding House Project: residents of NSW licensed boarding houses • Systemic advocacy: • Boarding House Reform: legislative, policy and practice reform; development of appropriate community based housing options. For example, Grand Western Lodge, Millthorpe, NSW: • Exposed significant incidences of violence and exploitation; • Campaigned for government and police action (for over two years); • Supported residents • www.pwd.org.au/gwl.html

7. Advocacy, campaigning and activism: - Licensed Residential Centres (Boarding Houses) (2) • 2009/2010 Disability and Domestic Violence Project: • placed a domestic violence lens onto the licensed boarding house sector in NSW - Crimes (Domestic and Personal Violence) Act 2007; • Reflected personal experiences of women with disability living in boarding houses; • Significant levels of domestic violence, with little or no response; rarely recognised as a crime; with no to little support from disability services or domestic violence services. • Project report: includes literature review by Australian Domestic Violence Clearinghouse (ADVC)

8. Accommodating Violence:The experience of domestic violence and people with disability living in licensed boarding houses • Women with disability have limited to no understanding of domestic violence, support services, their rights and forms of redress; • Significant fear of disclosure from proprietors, managers, co-residents: retribution including eviction, punishments, further violence; • Significant barriers in accessing domestic violence support services: often prioritise women with children; no information about services; discrimination; • Domestic violence largely understood as ‘intimate partner’ or ‘family violence’ by both disability support services and domestic violence services. www.pwd.org.au/systemic/abuse.html

9. Outcomes & Progress • After months of inaction, GWL residents relocated to other housing options(supported by PWD individual advocates) • Police Taskforce established to examine allegations; • Legal action by NSW Government against GWL proprietor; • NSW Government has commenced a Boarding House Reform Agenda: • Legislative and policy reforms • Not comprehensive reform in terms of Accommodating Violence recommendations; no evidence of gender-specific measures

10. Other advocacy actions • Training: • Responding to Sexual Assault: for disability support workers • Sexuality and Human Rights: gender specific training for residents of boarding houses about domestic violence, sexuality and human rights • Projects: Sexual Assault in Disability and Aged Care (SADA): resources and tools for residential disability and aged-care services to prevent and respond to sexual assault www.sadaproject.org.au

11. Other advocacy actions (2) • Systemic Advocacy: • Legal action against NSW Government: decision to fund the rebuilding of institutions contrary to NSW Disability Services Act (DSA) • Complaint to the Australian Human Rights Commission under CRPD • Shut In Campaign – closure of institutions www.shutin.org.au