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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

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