Completely Knocked Out: Australian perspectives on disability, disempowerment and domestic violence

Abstract

Introduction

In Australia one could assume that a certain degree of enlightenment would accompany developed world status and economic prosperity. However for the more than 2 million women with disabilities in this country, cultural considerations are also a major barrier to equity.

Cultural Overtones

What produces that inevitable association between double discrimination and domestic violence? Unfortunately double discrimination is an intrinsic element of the marginalisation experienced by women and girls with disabilities which makes them particularly vulnerable to a greater range of more frequent and more prolonged incidents of domestic violence.

The Bangkok Statement (UNIFEM 2007) issued at the UN Regional Conference on Men as Partners to Eliminate Violence Against Women (EVAW), identified the deeply embedded cultural values and negative social attitudes towards women, which result in domestic violence and the perpetuation of the failure to prosecute offenders or bring about needed changes in male behaviour. Masculine use of violence in many aspects of their lives, across diverse cultures, spills over to have harmful consequences for women and girls as well as the boys and men themselves. The Statement further emphasised that a multi-sectoral approach is needed plus an attitude of zero tolerance. These cultural attitudes and values do, in fact, affect policy makers and limit their ability to put women's rights in proper perspective, or back up policy with effective programs.

In Australia, domestic violence has an enormous economic impact on society through increased use of a range of professional and health services as well as through lost productivity. In 2002-03, Access Economics (Access Economics 2004) estimated the total cost of partner violence (using a definition including emotional, social and financial abuse) to be $8.1 billion, including a $3.5 billion estimate of pain, suffering and premature death. In both Australia and globally, women with disabilities constitute an unknown component of such productivity losses.

Irrespective of country or culture, domestic violence needs to be addressed through a gender sensitive human rights approach which encompasses strengthening police, judiciary, and service providers. There need to be programmes for rehabilitation of offenders using a multi-sectoral coordination approach and gender sensitive education. Both mainstream and alternative media need to be involved to highlight and reinforce boys' and men's caring, nurturing and non-violent attributes. Experience in developed countries, with high levels of literacy, access to media and money, has not had marked success in counteracting the predominant paradigms. The challenges in the developing world are greater.

Human Rights

The raft of human rights conventions and declarations which continue to emerge from the UN attests to the difficulty of curbing inhumane behaviour, and to a non-diminishing need to protect the vulnerable. For women, the Convention on the Elimination of (All Forms of) Discrimination Against Women (CEDAW) adopted by the UN in 1979, is one international attempt to address the negative imbalances affecting women. Unfortunately no mention of disabilities is made in the entire document, although once again any application of the general principles enshrined therein should ensure that neither disability nor gender discrimination persists. Thus CEDAW fails to address disability in a gender context, and signatory nations, including Australia have slipped through this loophole.

As a signatory to CEDAW, Australia must report on a regular basis to the CEDAW Committee about its achievements in meeting the requirements of the Convention. Somewhat overly positive Government reports have been counterbalanced by Shadow Reports submitted by Non Government Organisations (NGOs), notably the Women's Rights Action Network of Australia (WRANA, 2005) which undertook Australia wide consultations in 2005, including an analysis of the human rights situation for women with disabilities in each life category discussed, e.g. housing, health, education, and employment.

The CEDAW Committee's subsequent assessment of the Australian Government's combined Fourth and Fifth Reports had some constructive concluding comments (CEDAW, 2006),to make about women with disabilities. In part it said:

WWDA regards these comments as encouragement for the Government to show leadership at a Commonwealth level, to address inequities in data collection/analysis so that these tools can be used in policy/programme development.

Women in the disability sector are further encouraged by the substance of the latest UN Convention, which addresses gender discrimination in a disability context. The Convention on the Rights of Persons with Disabilities (CPRD) was adopted by the UN in mid December 2006. More than a decade of wrangling over wording including lobbying by Australian Government delegations for inclusions of clauses wholly supported by WWDA, has seen the emergence of a document which makes numerous specific mention of gender discrimination which negatively affects women with disabilities. Paragraph (q) of the Preamble recognises that "women and girls with disabilities are often at greater risk, both within and outside the home, of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation". Much of the work of WWDA over the past decade had been directed at reducing these manifold risks for women with disabilities both in Australia and overseas, so that to have the problems starkly articulated in the Convention validates its role.

The CPRD Article 6, entitled "Women with disabilities" further spells out actions to be undertaken. State Parties which ratify the Convention must undertake "measures to ensure the full and equal enjoyment by (women and girls with disabilities) of all human rights and fundamental freedoms." There is further need for legislation and policies which are women- and child- focussed to ensure that exploitation, violence and abuse (Article 16/5, CPRD) is identified, investigated and prosecuted. The Convention pinpoints the essential protection of the standard of living of women and girls with disabilities through social protection and poverty reduction programmes (Article 28/2(b), CPRD).

Australia was an early signatory to CPRD (nation number 43), and the Human Rights and Equal Opportunity Commission (HREOC) is taking a lead role in assisting governments, peak disability organisations, disability service organisations and individuals to understand the implications of CPRD and to identify actions which need to be taken for its successful ratification in Australia.

The elimination of poverty for women and girls is an essential strategy for reducing domestic violence. International initiatives which seek to engage the developed world in assisting developing countries are outlined in the 8 Millennium Development Goals (MDGs), the first of which is dedicated to the eradication of extreme poverty and hunger, and the 3rd of which is for the promotion of gender equality and the empowerment of women.

Across the world, cultural and social constructs limit the lives of women with disabilities. Country by country we could examine the way these limitations are manifested. The underlying changes which need to be made are already contained in the UN conventions and declarations. Work for societal change for all women and women with disabilities must be done through leadership from prime ministers and presidents, with policies and programs, advocacy and example. WWDA's systemic advocacy is directed at using these instruments both at home and abroad in this particularly unsavoury and unacceptable sphere of discrimination.

Forgotten Sisters

The UN Declaration on the Elimination of Violence Against Women 1993 (EVAW) defines gender-based violence as: 'Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life'.

In Australia, WWDA contends that definitions of domestic violence (AUSTLII 2007) are far too narrow to describe the full range of domestic situations in which women with disabilities live. Where definitions fall short of adequate description, legal and domestic systems cannot achieve justice for women clients with disabilities. A Model Domestic Violence Law was drawn up in 1999, but has never been acted upon so that essential uniformity between State/Territory and Australian Government law is lacking. Semantics do have an additional negative affect. By refusing to name the problems as 'domestic violence', or see them as criminal offences (Sherry 2000) combined with widespread use of euphemisms such 'incident', 'neglect' and 'misconduct', we trivialise and ignore them.

For women with disabilities, domestic violence needs to be widely defined. There are many factors which make us particularly vulnerable to violence and abuse both inside and outside the home. Low self esteem can act as a magnet to those who seek gratification through dominance. Power imbalances fill a void created by one person's compromised independence.

In Forgotten Sisters these factors are outlined. I ask each of you in the audience who is employed and thus relatively affluent; who is here and thus relatively mobile, and independent, to consider the affect on your psyche if any one of the following conditions applied to you. They all apply to women with disabilities.

Nature of Domestic Violence against women with disabilities

Lack of Data

Let us narrow our gaze to violence experienced by women in the 12 months prior to interview and identify particularly vulnerable groups. Women with no post school qualifications were almost 2 times as likely to experience violence that those with higher levels of education (women with disabilities are over-represented in groups with lower levels of education). Women in lower socioeconomic groups are more than 2 times as likely to experience partner violence than those in the higher income groups (another area with over-representation of women with disabilities). Similarly, women who are unemployed are 5 times more likely to experience partner violence (the unemployment rate for women with disabilities is significantly greater than for any other group in the population). Women with a past history of child abuse (and many women with congenital disabilities are in this category) were also more at risk (women with congenital and long term disabilities are over represented here too). Lastly, women at risk are also 5 times more likely to have experienced additional violence from a second person known to them in addition to that perpetrated by their partner. Women with disabilities are vulnerable in this category too because they come into contact with a range of people who are potential perpetrators. All these propensities for partner violence are indicators of the need for a personal safety survey dedicated to women with disabilities to supplement the more general PSS.

Changes in the legal system

1. spousal relationships (past and present);
2. intimate personal relationships (past and present, including dating relationships, same sex relationships, and non-sexual intimate personal relationships);
3. family relationships (with a broad definition of relative which also reflects the extent of kinship and family relationships within indigenous and CALD communities);
4. formal and informal care relationships (between a person and a carer which takes place for fee or reward, or for no fee or reward); and,
5. persons who are ordinarily members of a household.

In addition, specialist Domestic Violence courts (models are already in existence, e.g. in the ACT) should be set up in all jurisdictions. They need to be strongly endorsed so that there is no perception of less stringent action on perpetrators (Stewart 2005). Such courts can recognise the unique nature of domestic violence, enable the professionals involved to develop expertise and offer streamlined judicial decision-making. It is essential that women with disabilities can interact with people who understand their challenges. Specialised domestic violence courts offer this possibility.

Remedies

Among the remedies to reduce violence against women with disabilities are:

1. addressing systemic issues - carer culture, disability culture, culture of the legal system;
2. general reduction in prejudice, negative attitudes and bias;
3. self advocacy training and confidence enhancement;
4. staff training;
5. support for reporting whistleblowers in service provider organisations;
6. better financial and respite support for carers, including family members;
7. better community (non-institutional) accommodation;
8. support for higher educational achievements;
9. better employment opportunities for women with disabilities;
10. autonomy for hiring and firing individual support staff;
11. mental health supports, and
12. accessible refuges

Conclusion

References

WWDA Violence Against Women with Disabilities Resource Manual

Order Forms and information about the Manual are available on the WWDA website: www.wwda.org.au/vrm2007.htm

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