EWL Editorial: Securing Human Rights for Women with Disabilities

 

History was made in August 2006 at the United Nations with the adoption of the UN Convention on the Rights of Persons with Disabilities, which could come into force in 2007, once adopted by the General Assembly. It is the first time that the needs and rights of disabled women and men, girls and boys will be addressed in a human rights framework, thus, breaking from the traditional perspective of approaching disability as a health issue. A stand-alone article - article 6 -entitled "women with disabilities" was finally included after many efforts and years of lobbying by EWL members, the European Disability Forum (EDF) and many other women and disability NGOs from all over the world.

 

A motion passed at the EWL General Assembly 2005 called on EWL members to lobby for a twin-track approach taking into consideration the multiple discrimination of women and girls with disabilities, the increasing poverty of disabled women and especially the growing violence against them. Lobbying actions followed calling for unconditional support of article 6 and gender mainstreaming of other articles of the Convention (twin-track approach). EWL would also like to acknowledge the positive support of the twin-track approach from the European Commission, in particular the Director General of DG Employment, Social Affairs and Equal Opportunities, the Directorate for Equal Opportunities and the Unit on the Integration of People with Disabilities. It also congratulates the EU delegation for demonstrating its commitment to equality between women and men in this particular situation.

 

The new UN Convention fills the gaps of existing international instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which does not explicitly mention women with disabilities. The Preamble of the new Convention (paragraph (o)) states that" women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation" and article 16 calls on State parties to take all appropriate legislative, administrative, social, educational and other measures, including gender based aspects. The most controversial issue during negotiations was that of sexual and reproductive rights. While we would have preferred stronger language, Article 23 relating to "respect for home and the family", does refer to issues of reproduction.  Throughout the text, the terms "she" and "he" are used, sending an important message that women with disabilities are not only an integral part of the Convention itself but also of society as a whole.