25TH NOVEMBER INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE

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POR UN Acceso efectivo a la justicia de las MUJERES CON discapacidad

25TH NOVEMBER INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE



25th November


International Day for the Elimination

of Violence against Women



EFFECTIVE ACCESS TO JUSTICE

FOR WOMEN WITH DISABILITIES


Recognising that women and girls with disabilities fall victim to multiple discrimination and that, therefore, it is incumbent upon Spain to take measures to ensure that women and girls with disabilities are able to exercise and enjoy fully all the human rights and fundamental liberties set out in the United Nations Convention on the Rights of Persons with Disabilities, which has been ratified by Spain and is in force as an integral part of Spanish legislation (CRPD, Article 6);


Condemning the fact that girls and women with disabilities are more vulnerable and more likely to fall victim to abuse and violence, including by those on whom they rely for support and, where appropriate, care (CRPD, Article 16);


Considering the need to ensure that girls and women with disabilities enjoy effective access to justice on an equal basis with other citizens (CRPD, Article 13);


On this day, the International Day for the Elimination of Violence against Women, the Spanish Committee of Representatives of Persons with Disabilities (CERMI) CALLS FOR measures to:


  1. Recognise institutional discrimination as a form of violence brought about by invisibility, mistaken conceptions and the failure to recognise the rights of girls and women with disabilities in statistics gathered, legislation and judicial practises.


  1. Study and make known the situation faced by girls and women with disabilities in relation to gender-based violence, the effects of which on this group are evidenced by, inter alia, greater incidences of violent crime and sex-related crime against girls and women with disabilities, sexist violence, coerced abortion, forced sterilisation and trafficking.


  1. Raise awareness among girls and women with disabilities on their fundamental rights and the means to assert them, through the work of social services, women’s organisations and organisations of persons with disabilities and including the provision of advocacy guides and other widely-spread material in accessible formats.


  1. Develop information, training and awareness programmes on the rights and fundamental freedoms of girls and women with disabilities and the opportunities they have to access justice. Such programmes should be targeted at the families of girls and women with disabilities, service providers, those who form part of the circles closest to girls and women with disabilities, and representatives from organisations of persons with disabilities and their families.


  1. Review substantive criminal law and criminal procedures to make it possible to detect violent situations involving women where disability is a relevant factor in the criminal act, and to enable tougher sentences to be passed to punish such behaviour due to the greater vulnerability of the victims.


  1. Provide wide-ranging training schemes in gender and disability for all professionals involved in administering justice (judges, public prosecutors, lawyers, police, prison staff, etc.), aimed at breaking down the erroneous social image held regarding women with disabilities and putting into practise the new paradigm, which focuses on a positive image of them as rightsholders and stresses that they are, first and foremost, women.


  1. Abolish systems allowing for substitution in decision making, such as legal incapacitation and appointing guardians and legal representatives, which mainly prevent girls and women with disabilities from truly enjoying their sexual and reproductive rights, among other rights. In their place, supported decision-making systems should be set up which take into account the particular circumstances of each individual and recognise that they are, first and foremost, women.



25th November 2010





CERMI

www.cermi.es

www.convenciondiscapacidad.es



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