A/HRC/20/5
initiate complaints because they are in institutions, have no accessible transportation or
mobility support.
41.
Even when a victim wishes to exercise her rights and file a complaint, she may be
denied physical access to the police station and have problems communicating with law
enforcement officials. Furthermore, the justice system may fail to accommodate her
physical, communication or other specific needs. Victim protection measures and other
measures to support victims may be inadequate for women with disabilities. In addition,
women with intellectual or psychosocial disabilities acting as witnesses are often seen as
lacking credibility.
42.
Prosecutors are often reluctant to open cases of violence committed against women
and girls with intellectual disabilities, given that they can require more resources owing to
the need to investigate the victim’s ability to consent and testify. 51 Similarly, judges and
magistrates may minimize certain forms of violence because of widespread societal
perceptions of disability, resulting in inadequate sentences or a tendency to favour
mediation, forcing women to confront their abusers. In addition, legal representation is not
often affordable for women with disabilities. In general terms, women and girls living in
rural and remote areas can experience particular difficulties in obtaining legal advice and
representation for domestic violence applications and associated family law and child
protection matters. Such a situation is further compounded by a disability.
43.
The responses received seemed to indicate that there were no systematic
programmes in place to train judges, lawyers and law enforcement officials on the rights of
women and girls with disabilities and effective ways to communicate with them. 52
D.
Recovery and rehabilitation
44.
For women and girls who survive violence and manage to escape an abusive and
violent environment or situation, the effects can be particularly detrimental and long
lasting. They include low self-esteem, feelings of guilt or shame, lack of confidence in
themselves and others, effects of trauma and post-traumatic stress disorder, addiction
problems, sadness, depression and suicidal thoughts.
45.
Article 16 of the Convention on the Rights of Persons with Disabilities requires
States parties to take all appropriate measures to promote the physical, cognitive and
psychological recovery, rehabilitation and social reintegration of persons with disabilities
who become victims of any forms of violence or abuse.
46.
There was little information in the submissions received on gender and disabilityspecific measures taken by States to rehabilitate and reintegrate women and girls with
51
52
14
See “Prosecuting disability hate crime: the next frontier”, 2 March 2011, speech by Keir Starmer QC,
the Director of Public Prosecutions to the University of Sussex, United Kingdom of Great Britain and
Northern Ireland (available from www.cps.gov.uk/news/articles/prosecuting_disability_hate_crime/).
In his speech, the Director noted that “to date, victims and witnesses with disabilities have not been
well served by the criminal justice system”.
The Australian National Disability Strategy has established that ensuring effective access to justice
for persons with disabilities on an equal footing with others requires a greater awareness in the
judiciary, court staff and legal professionals of disability issues. This includes promoting appropriate
training for those working in the administration of justice, including police and prison staff.
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