The UN Convention, the rights of people with disabilities and domestic violence

Graeme Innes AM

Human Rights Commissioner and Commissioner Responsible for Disability Discrimination

Diverse and inclusive practice: Redrawing the boundaries

Domestic Violence, Disability and Cultural Safety National Forum

Brighton-Le-Sands, NSW, 8 - 9 November 2007

I acknowledge the traditional owners of the land on which we stand.

I also thank the Australian Domestic and Family Violence Clearing House for hosting this very important national forum. I'm sure it will contribute to the development of Australia-wide responses which will enable women and girls with disability to live with dignity and in safety, and when necessary, have access to appropriate services and legal protection.

Protection from violence is a human rights issue. And women with disability are entitled to the same protections and services available to other women living in Australia . Anything less should not be tolerated.

However, few services and strategies to address violence, and domestic violence in particular, meet the needs of the 2 million Australian women and girls with disability.

Worse still is the scarcity of safeguards to protect women and girls with disability from domestic violence while they receive care and support from service providers, including services from government providers.

It very difficult to measure the true extent of violence against women in general, as most incidences of domestic violence and sexual assault go unreported. However, for many women with disability, the risk of violence is higher, due to increased vulnerability because of-

• dependence on others for care and support,
• social isolation,
• place of residence,
• lack of services and supports, and
• the nature of disability.

Women with Disability Australia emphasise that compared to women without disability, women with disabilities:

• experience violence at higher rates and more frequently;
• are at a significantly higher risk of violence;
• have considerably fewer pathways to safety;
• tend to be subjected to violence for significantly longer periods of time;
• experience violence that is more diverse in nature; and
• experience violence at the hands of a greater number of perpetrators.

In such circumstances, the scarcity of appropriate services and legal safeguards to protect women and girls with disability from domestic violence is inexcusable.

One of the reasons for this situation is the silo approach to developing services for women on the one hand, and development of services for people with disability separately, on the other. This has led to the needs of women with disability being largely ignored in both legal and policy responses, and the design of domestic violence services.

The Human Rights and Equal Opportunity Commission sees that violence against women with disability requires joint action: from me in my role as the Commissioner Responsible for Disability Discrimination; and from Elizabeth Broderick in her role as the Sex Discrimination Commissioner.

Commissioner Broderick asked me to bring this message to you:

(Video presentation played. Transcript below):

It gives me great pleasure to join you here today for the National forum on violence against women with disabilities.

I'm the new Sex Discrimination Commissioner and one of my first initiatives will be to go on an Australia wide listening trip. I'll be travelling to all States and Territories - really to seek feedback, from women and from men, on the 3 key themes of economic independence for women; balancing work and family responsibilities throughout the life cycle; and eliminating all forms of discrimination, harassment and violence against women.

So I am particularly keen to hear from women with disabilities; from organisations that are supporting you; and from service providers.

As you well know, women with disabilities make up 20 per cent of women in Australia. They are over-represented in public housing, and often forced to live in group situations, where they are particularly more vulnerable to violence. It's estimated that more than 90 per cent of women with intellectual disabilities have experiened some form of sexual abuse throughout their lifetime. By any measure these statistics are horrifying and deeply troubling.

So it's Graeme's and my commitment to work together to do what we can to highlight these issues, and to work with so many great people that are here today to find integrated and inclusive responses.

So I'm really interested to talk to Graeme when he comes back from the conference to hear what your key learnings were. And I look forward to seeing you as we travel around Australia on the listening tour. Thank you.

:

The true extent of violence against women has been very difficult to measure. Commissioner Broderick mentioned one statistic quoted in the literature in relation to women with intellectual disability which, if true, is horrifying. However, equally as alarming is the general estimate that women with disability are assaulted, raped and abused at least twice the rate of women without disability. As Commissioner Broderick said, we are committed to work jointly with you to address this alarming situation.

Another reason for the paucity of services, and lack of recognition of the magnitude of the problem, is the omission of women with disability in campaigns to combat domestic violence. This is one of the reasons I agreed to become an Ambassador for White Ribbon Day two years ago. While the White Ribbon Campaign focuses on men and boys to eliminate violence against women, I was keen to be an ambassador to stress that, women and girls with disability must be included in the campaign.

A third reason that may explain the scarcity of services and policies appears to be an acceptance by some members of our community that a certain level of violence against women with disabilities is to be expected, accepted and tolerated. This is truly disturbing. Even more disturbing is that a current state Minister for Disability Services has recently expressed such a view.

Those of you from NSW may be aware of the report in newspapers last week of the allegations of abuse and neglect in supported accommodation services operated by the NSW Department of Ageing, Disability and Home Care. Almost 100 allegations of abuse or neglect were made against disability service employees. The response by NSW Disability Services Minister Keneally was apparently to tell parents that abuse by welfare workers was unavoidable. The Daily Telegraph last Thursday, 1 November, reads:

The Daily Telegraph revealed yesterday that 51 workers were investigated and were disciplined after internal investigations revealed serious cases of abuse.

However Ms Keneally defended the shameful acts by claiming parents should expect cases like this to happen.

``The number of disabled people being abused by NSW government carers is relatively low,'' Ms Keneally said.

``Let's put that in context of 2600 clients who reside in our accommodation services.''

That a Minister for Disability Services appears to be saying that we should expect a certain level of abuse (one in twenty-six according to the figures quoted), and that comparatively speaking, we are doing OK, is truly appalling.

There should be no tolerance of abuse of people with disability, just as there should be no tolerance of abuse of children, older people, or for that matter- anyone. But, in 2007, we have White Ribbon Day coming up on November 25, with strong support from Commonwealth and State government opposing violence against women, but the NSW Minister for Disability Services says violence against women with disability is "unavoidable".

We urgently need Commonwealth, State and Territory governments to put in place strategies to combat violence against women with disability and support women and girls with disability who need access to services and protection from the law.

Some international developments over the last few years mean that the situation may change for the better soon. As many of you may be aware, the Australian Government recently signed the United Nations Convention on the Rights of Persons with Disabilities. This Convention sets out the fundamental human rights of people with disability. It contains traditional human rights concepts, and applies them to people with disabilities.

The signing of the Convention by the Australian government in March this year was an important symbolic step for disability rights in Australia . I won't go into too much detail about the Convention as the next speaker, Heidi Forrest, will cover that topic. However, I would like to make some brief points about the Convention, the significance of signing, and the upcoming ratification process.

Article 6 of the Convention recognises that women and girls with disability are particularly vulnerable, and subject to multiple forms of discrimination, and requires Parties to "take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention."

Article 16 of the Convention, on 'freedom from exploitation, violence and abuse' outlines many measures to be put in place. Specifically, the Article requires States to "take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects".

Some of the more sceptical of you may be wondering whether the ratification of an international instrument would, in real terms, decrease the rate of abuse, and improve access to domestic violence services and legal protection for women and girls with disability. Signing and ratification is important, and it would be a mistake to underestimate its potential value. Commitment to such international treaties is a public statement of intent. Even though the Convention has not yet been ratified, signing indicates Australia 's in-principle support.

Ratification of the Convention is a legal step. It will make a commitment amongst our international colleagues which will reinforce the national laws and programs we have in place.

Before the Convention is ratified, there will be a detailed examination of the implications of ratification for Australian governments. This examination will include consultation processes to which people with a disability, and human rights organisations, may contribute. Views expressed will impact on the Australian Government's decision on ratification.

In the second half of next year, the Federal Government will be making a very important decision - to ratify or not to ratify. This period of time provides HREOC and the disability sector with a critical window of opportunity to influence key decision makers within both the Federal and State and Territory governments.

Many disability advocacy groups are already actively involved in the ratification campaign, but it is important that service providers, human rights advocates and other community organisations also participate. The Australian Federation of Disability Organisations is part of a coalition of disability advisory and advocacy groups, which is calling on State and Territory governments to support the Commonwealth to ratify the Convention as soon as possible. A website has been set up to keep people informed. The address is www.disabilityrightsnow.org.au

In the meantime, some urgent steps must be taken to protect women and girls with disability from domestic violence and abuse.

Firstly, disability services and domestic violence services must develop a zero tolerance approach to violence against women and girls with disability. This will require education and training of service providers, and appropriate monitoring and reporting mechanisms to be put in place.

Secondly, each service provider should consider the development of a Disability Discrimination Act Action Plan to improve service delivery, and ensure accessibility for women and girls with disability. Essential components of such an Action Plan include:

•  review current practices

•  develop policies and programs

•  devise evaluation strategies

•  allocate responsibility, and

•  develop communication strategies.

Thirdly, there is an urgent need to empower women and girls with disability so that they understand what abuse means, and how to seek support, and make complaints. In particular, strategies need to be put in place so that women and girls with disability feel that it is safe to complain.

Fourthly, Governments must ensure that all services and programs designed to serve women and girls with disability are effectively monitored by independent authorities.

And finally, domestic violence legislation may need to be reviewed, to ensure that the types of relationships and range of situations are sufficiently broad to cover situations of domestic violence experienced by women with disability. This will ensure that instances of violence and abuse against women and girls with disability can be identified, investigated, and where appropriate, prosecuted.

But this is just the beginning. In order for the situation to change, everyone needs to be involved, including all of you here today, in identifying critical areas for action, and developing the required new measures. The solution will require participation of women with disability, the disability sector, women's organisations and services, family violence service providers, and policy makers.

I see this conference as an opportunity for the Human Rights and Equal Opportunity Commission to build networks to tackle the alarming situation facing women and girls with disability experiencing domestic violence. Liz Broderick, the Sex Discrimination Commissioner, and I would like to hear your views, and I invite you to suggest actions that HREOC might consider.

State and Territory governments cannot express opposition to domestic violence but continue to accept violence against women with disability.

We need stronger opposition in the community, particularly from men, to oppose violence against all women and girls.

Everyone has a right to be protected from abuse.

Thanks for the opportunity to speak with you today.