A/HRC/41/42/Add.1
84.
During her visit, the Special Rapporteur was informed of the work of the inquiry in
Quebec dealing with the investigation of misconduct and violence of police forces against
indigenous women in the province. The mandate of the inquiry includes investigating
specific cases. She has also been made aware of a similar request for an inquiry in relation
to the death of an indigenous woman, Tina Fontaine, in Winnipeg. The request included the
need to examine the failure of the entire social child welfare and criminal justice system to
protect children under their responsibility.
3.
Violence against women and girls with disabilities
85.
In line with of the most recent concluding observations to the State party under the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention on the Rights of Persons with Disabilities and the International Covenant on
Economic, Social and Cultural Rights, the Special Rapporteur expressed serious concern
about the high incidence of violence against women and girls with disabilities. Although all
relevant federal and provincial legislation already prohibits violence against persons with
disabilities, the law has not been successful enough in the prevention of or reduction in
violence. On the basis of information received and the shelters that she visited, services for
assistance and home support or adapted transportation lack accessibility for women with
disabilities.46
86.
Women with disabilities are at risk of many forms of violence: neglect, physical,
sexual and psychological abuse and financial exploitation. Because there is a lack of
accessible and affordable housing, women with disabilities are forced into institutions and
become more vulnerable to abuse. They are twice as likely as women without disabilities to
be victims of violent crime and to be sexually assaulted, 47 and they are particularly
vulnerable to being trafficked for the purposes of sexual and labour exploitation.
87.
According to the British Columbia Aboriginal Network on Disability Society, the
rate of disability among indigenous persons in Canada is two to three times higher than the
national rate. Indigenous women and black women with disabilities are also
overrepresented in the prison population, and among victims of trafficking and the
homeless population.
88.
The lack of comprehensive data on violence against women with disabilities stems
from a lack of self-reporting by women victims with disabilities. This is due to the
stigmatization faced by them because they are women with disabilities, which is
exacerbated by factors such as race and age.
4.
Violence against women asylum seekers and refugees
89.
The Special Rapporteur acknowledged the long-standing policy of Canada to
welcome immigrants. During her visit, however, she collected information about
immigration and refugee policies and practice carried out by the Canada Border Services
Agency, under which women, including pregnant women, and children can be detained
indefinitely.
90.
Migrant women are made more vulnerable to violence and abuse through their
employment relationships, precarious migration status, gendered pathways to migration and
being survivors of gender-based violence, as well as discriminatory policies concerning
child custody and protection. Such vulnerability is even worse for black women, LGBTQ2
individuals and women with disabilities.
91.
Although gender is not explicitly grounds for refugee protection under the
Convention relating to the Status of Refugees, the Immigration and Refugee Board of
Canada has interpreted gender to be one of the enumerated grounds as a “particular social
group”. Under section 96 of the Immigration and Refugee Protection Act, a convention
refugee must establish a well-founded fear of persecution for reasons of membership in a
specific social group and must show that they are unable or unwilling to avail themselves of
46
47
16
Submission by DisABle Women’s Network Canada.
See Statistics Canada, “Criminal victimization in Canada, 2014” (2015).
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