WUNRN
United Nations - Universal Periodic
Review (UPR) Process:
Kenya Women With Disabilities Facing
Multiple Discrimination
15. Access to fundamental human rights principles was found
to be different for women and men with disabilities. For both men and women,
experiences of inequality, exclusion, disrespect and lack of autonomy
outnumbered positive experiences; however, women were more likely to be denied
autonomy and to be treated with disrespect than men. Incidences of abuse and
violence were not only more common for women with disabilities, as they are
generally for women; they were also reported to occur most often in the
domestic sphere, at the hands of parents, partners and siblings. Men with disabilities, in contrast, were more
likely to experience discriminatory attitudes and access barriers in the public
sphere in their workplaces, communities and while interacting with peers
without disabilities in multiple social settings. These gender differences in
patterns of discrimination and exclusion should be taken seriously for they
have important implications in the design and implementation of policies aimed
at advancing the human rights of women and men with disabilities in
_______________________________________________________________
STAKEHOLDER
SUBMISSION
UNIVERSAL PERIODIC REVIEW
of
May, 2010
Submitted by:
Partners in
the D.R.P.I.-Kenya Project:
African Union of the Blind (A.F.U.B.)
Disability Rights Promotion International (D.R.P.I.)
Centre for Disability Rights Education & Advocacy (CREAD)
1. This submission is based on the monitoring findings of the D.R.P.I.-Kenya project.
2. In
3. Gender norms and roles contribute to placing the rights of women with disabilities at greater risk than mens. Indeed, traditional views that portray women in the family as dependent and submissive increase the vulnerability of women with disabilities to discrimination.
4. Despite being party to major international human rights
instruments including the U.N. Convention
on the Rights of Persons with Disabilities and having a national
constitution that prohibits discrimination,
5. The full country report from the D.R.P.I.-Kenya project
State of
METHODOLOGY
6. This is a joint submission
of the partners in the D.R.P.I.-Kenya project. Three of the partners - Africa
Union of the Blind (A.F.U.B.), Kenya Union of the Blind (K.U.B.) and Centre for
Disability Rights Education & Advocacy (CREAD) - are organizations of
persons with disabilities working in
7. Project
activities spanned from February, 2006 to May, 2007. Monitors collected and
analyzed national legislation, programs, policy and case law on disability.
Monitors also conducted and analyzed 95 face-to-face interviews with persons
with a range of impairments in three regions of the country: Rift Valley,
8. Monitoring activities investigated how the barriers and obstacles faced by people with disabilities affect their rights through the examination of four key human rights principles: dignity (perceptions of self-worth), autonomy (ability to make choices and decisions on issues that affect ones own life), equality (having disability differences respected and disadvantages addressed and being able to participate fully on equal terms), and inclusion (being recognized and valued as equal participants and having needs understood as integral to the social and economic order and not identified as special needs).
9. The systemic (laws, policies,
programs and case law) and individual experiences (interviews) data collected
indicated the following major challenges and constraints to the full realization of rights by people with
disabilities in
Constitutional and
Legislative Measures
10.
11.
Discrimination on the
basis of disability
12. More than 86% of the people with disabilities who were interviewed reported being treated unfairly and unequally on the basis of their disability. Treatment included exploitation by family members; being given different food than other members of the family and not being bought clothes when other members of the family were. In other cases, the person with a disability was forced to sleep in an unsuitable environment while other family members were not. Employees with disabilities were discriminated against and sometimes paid a much lower salary than their counterparts without disabilities. In many cases, both boys and girls with disabilities were not sent to school.
Income and Social
Supports
13.
Inclusion
14. People living with disabilities face barriers to
participation including discriminatory attitudes, abuse, violence and
inaccessible environments. These barriers lead to segregation and exclusion in
the family context, at work, at school and in society. Disability is often
considered to be a burden and shameful. The Preamble of the P.D.A. cites
equalization of opportunities for persons with disabilities as one of its aims.
The Draft National Policy on Persons with Disabilities envisions a Kenyan
society that is fully inclusive and that provides equal opportunities for
persons with disabilities[3][3].
However, our investigations revealed a significant gap between these positive
policy aspirations and the reality on the ground for people with disabilities
in
Women facing Multiple Discrimination
15. Access to fundamental human rights principles was found
to be different for women and men with disabilities. For both men and women,
experiences of inequality, exclusion, disrespect and lack of autonomy
outnumbered positive experiences; however, women were more likely to be denied
autonomy and to be treated with disrespect than men. Incidences of abuse and
violence were not only more common for women with disabilities, as they are
generally for women; they were also reported to occur most often in the
domestic sphere, at the hands of parents, partners and siblings. Men with disabilities, in contrast, were more
likely to experience discriminatory attitudes and access barriers in the public
sphere in their workplaces, communities and while interacting with peers
without disabilities in multiple social settings. These gender differences in
patterns of discrimination and exclusion should be taken seriously for they
have important implications in the design and implementation of policies aimed
at advancing the human rights of women and men with disabilities in
Accessible Media & Education
16. Section 39 of the P.D.A. provides that all television stations shall provide a sign language inset or subtitles in all newscasts and educational programmes and in all programmes covering events of national significance. Despite the mandatory language of the section, there is no penalty for non-compliance or any incentives to encourage media actors to comply[4][4].
Autonomy
17. The right to autonomy is a
fundamental human right protected under the C.R.P.D.. However, approximately
74% of people with disabilities interviewed reported that they were denied the
right to make decisions on issues affecting their own lives and described how
they had been forced into situations against their will because they had been
judged incapable of deciding on their own due to their disability.
Poverty
18. Poverty is widespread among people with disabilities in
RECOMMENDATIONS
19. After analyzing the systemic (laws, policies, programs and case law) and individual experiences (interviews) data collected, the partners in the D.R.P.I.-Kenya project came up with the following recommendations:
(b) Mainstream respect and promotion of disability rights in the public service.
(c) Improve legislation by entrenching anti-discrimination clauses in
the Kenyan Constitution and by
amending the Persons with Disability Act
2003.
(d) Develop disability legal support and arbitration services to improve advocacy efforts and ensure participation by organizations of persons with disabilities in all levels of decision-making.
(e) Undertake
regular monitoring of the rights of people with disabilities, ensuring the
active involvement of people with disabilities in
CONCLUSION
20. Experiences of oppression, discrimination and violation
of basic human rights pervade the lives of many people with disabilities in
21. Further information about the
rights situation of people with disabilities in
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[1][1]Further project information can be access at: Disability Rights Promotion International www.yorku.ca/drpi and Africa Union of the Blind www. http://www.afub-uafa.org.
[2][2] Note that the Draft Constitution, which was rejected in November 2005, did specifically prohibit discrimination on the basis of disability in Article 37 (1).
[3][3] Draft National Policy on Persons with Disabilities at p. 3.
[4][4]It is worth noting that in Kenya most information by media owners e.g. radio, television or newspapers are not provided in any form which would make it accessible for person with disability example in the form of Braille, sign language interpreters etc. despite the provision under Section 39.