Gender Integration
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• What national, provincial, and local laws and regulations<br />
exist that explicitly discriminate against women and girls<br />
with disabilities? What are the laws, regulations, and policies<br />
regarding right to family, reproductive health, and legal<br />
guardianship?<br />
• In decentralized systems, what is the extent of national<br />
oversight of local regulations and by-laws to ensure that they<br />
conform to national law, especially regarding women’s rights?<br />
National Human Rights Institutions (NHRIs) and<br />
Competent Authorities for Human Rights<br />
Human rights promotion:<br />
• How have ombud offices and rights commissions publicized<br />
their mandates and conducted human rights education<br />
about non-discrimination and equality, women’s and LGBTI<br />
rights, gender-based violence, and gender issues among<br />
people with disabilities and minority communities?<br />
Human rights protection:<br />
• What are prosecutors’ and the judiciary’s records of gender<br />
sensitivity or bias in dealing with cases? For example, what<br />
proportion of gender-based violence and women’s inheritance<br />
rights cases reach courts, and what proportion of<br />
cases end in judgments for plaintiffs?<br />
• How do NHRIs and relevant independent bodies address<br />
enforcement of non-discrimination and equality laws and<br />
policy? How do they monitor and resolve complaints of<br />
sex and gender discrimination by state actors?<br />
• How do NHRIs and relevant independent bodies monitor,<br />
investigate, and report on police, military, and prosecutors’<br />
handling of sexual assault, domestic violence, violence<br />
against LGBTI people, and other gender-based violence?<br />
• How are customary and religious laws enforced in the<br />
communities that respect them? What opportunities<br />
are there for appeal to formal law and how is the judicial<br />
system dealing with rights violations against women from<br />
communities that typically rely on customary law?<br />
GENDER AND DISABILITY<br />
RIGHTS<br />
Persons with disabilities are the<br />
largest minority group in the world,<br />
constituting more than 15% of the<br />
world’s population, with 80% living<br />
in developing countries. Men and<br />
women with disabilities are less<br />
likely than people without disabilities<br />
to have access to basic services,<br />
including education and healthcare,<br />
because of stigma, discrimination, and<br />
inaccessibility. Women with disabilities<br />
face an increased risk of sexual and<br />
other types of physical violence,<br />
including forced sterilization and forced<br />
institutionalization.<br />
The UN Convention on the Rights<br />
of Persons with Disabilities (CRPD)<br />
entered into force in 2006 and is the<br />
first comprehensive global disability<br />
rights treaty. A total of 159 member<br />
states have ratified the CRPD since<br />
2015. The Convention ensures the right<br />
to non-discrimination and equality for<br />
women and girls with disabilities (Article<br />
6) and their right to be free from<br />
exploitation, violence and abuse (Article<br />
16). Country reports and shadow<br />
reports from civil society groups on<br />
the CRPD can be good sources of<br />
information with regard to the situation<br />
of women and girls with disabilities in<br />
particular countries.<br />
PROGRAM SNAPSHOT<br />
The Wellesley Centers for Women,<br />
with support from the Open Society<br />
Foundation, partnered with the Forum<br />
for Women, Law and Development<br />
(FWLD) in Nepal to conduct a<br />
gender-sensitive legal review to assess<br />
compliance with the Convention on<br />
the Rights of Persons with Disabilities<br />
(CRPD). The review sought to identify<br />
laws which discriminated against<br />
persons with disabilities either by intent<br />
or by effect. One such example was<br />
found in the civil code, which entitled<br />
a man, but not a woman, to enter into<br />
a second marriage if his wife has been<br />
rendered blind or physically or mentally<br />
disabled, thereby discriminating on<br />
the basis of both gender and disability.<br />
Based on this review, FWLD drafted<br />
and presented to the Constituent<br />
Assembly a blueprint for addressing<br />
disability rights in the constitutiondrafting<br />
process. Recommendations<br />
included: recognizing the multiple forms<br />
of discrimination faced by women; equal<br />
pay for equal work for men and women<br />
with disabilities; equal participation of<br />
all persons with disabilities in civil and<br />
political life; the right to access social<br />
security for persons with disabilities and<br />
their care givers; and accessible hospital<br />
facilities, including labor and delivery<br />
rooms. From: http://www.wcwonline.<br />
org/Archived-Projects/accessing-the<br />
-convention-on-the-rights-of-persons<br />
-with-disabilities-to-empower-women<br />
14<br />
USAID | <strong>Gender</strong> <strong>Integration</strong> in Democracy, Human Rights, and Governance (DRG) Programming Toolkit