Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Rights of Women With Disabilities 1670735025

Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

December 2, 2022

Public Disclosure Authorized

Global Indicators Briefs No. 14

Safeguarding the Rights of Women with Disabilities to Family


Life, Work, and Protection from Gender-based Violence
Public Disclosure Authorized

Julia Constanze Braunmiller and Marie Dry

W
omen with disabilities face additional barriers to their socioeconomic participation compared to
men—with and without disabilities—as well as to women without disabilities, resulting in
signiÿcant employment gaps and high exposure to gender-based violence. Laws around the
world largely fail to protect the rights of women with disabilities to nondiscrimination, respect for family life,
labor market inclusion, and a life free from violence. °is Brief analyzes legal and policy data from 190
economies on the rights of women with disabilities and highlights promising practices where laws directly
recognize and protect these needs, with the goal of informing policy reforms across the globe.
Public Disclosure Authorized

Insights from new data can promote the rights of gather insights as to how laws and policies around the world
women with disabilities hinder or promote the rights of women with disabilities. Four
broad areas were studied over the summer and fall 2021:
One in ÿve women around the world are excluded from nondiscrimination; parental rights and responsibilities;
fully participating in social, family, and work life. °ey face inclusion in the labor market; and protection against
barriers when accessing education, work, health care, and
gender-based violence and harassment. A previous Global

ht ps:/ documents1.worldbank.org/curated/en/09 510209282 19 46/pdf/IDU0a f 9c20 319 04e0d0a9810717e67975b6f.pdf


information due to their disability and gender (World Bank and
WHO 2011). Additionally, women with disabilities may face Indicators Brief entitled “°e Importance of Designing Gender
discrimination based on other intersecting identities, such as and Disability Inclusive Laws: A Survey of Legislation in 190
religion, race, age, sexual orientation, or gender identity. Economies” presents ÿndings on the overall legal frameworks
However, policies focused on gender and policies focused on on nondiscrimination of women with disabilities (Braunmiller
disability inclusion, traditionally, have failed to address the and Dry 2022). °is earlier Brief features the analysis of three
speciÿc needs of women with disabilities and may perpetuate an data points showing that despite signiÿcant reform movement
incomplete understanding of their multiple identities as since the adoption of the Convention on the Rights of Persons
“disabled” and as “women,” leading to even greater exclusion with Disabilities (CRPD) in 2008 and its groundbreaking
from socioeconomic opportunities. As a result, women with Article 6, which calls for action to promote the full and equal
Public Disclosure Authorized

disabilities are three times more likely to have unmet health care rights of women with disabilities, only one-quarter of
needs and to be illiterate and are two times less likely to be economies worldwide protect and promote the rights of women
employed and use the Internet than men without disabilities with disabilities. Focusing on the remaining three speciÿc topics
(UNDESA 2018). Policies and laws can positively shape the
of parental rights and responsibilities; inclusion in the labor
experience of women with disabilities by creating and fostering
market; and protection against gender-based violence and
environments and societies where women with disabilities enjoy
full and equal access to their rights and responsibilities. Further, harassment, this current Brief presents analysis of eight
in order to design inclusive policies, the active and meaningful additional new data points collected by the Women, Business and
participation of women with disabilities is crucial (Box 1). the Law project. By showcasing good practice examples of
inclusive laws, this review is intended to guide evidence-based
Based on this reality, the Women, Business and the Law law and policy making, as well as World Bank operations that
(WBL) project collected data on 11 new research questions to are more gender- and disability-inclusive.

Affiliations: World Bank, Development Economics, Women, Business and the Law. For correspondence: jbraunmiller@worldbank.org; mdry@worldbank.org.
Acknowledgements: This Brief is a part of a research effort on women with disabilities documented by the Women, Business and the Law team. Support for this research
is provided by the Human Rights, Inclusion and Empowerment (HRIE) Umbrella Trust Fund. This Brief would not be possible without the research work of Nelsy Affoum,
Maereg Alemayehu, Safiyeh Al Ali, Asalifew Amedin, Dibabe Bacha, Mila Cantar, Claudia Lenny Corminales, Diana Guevara Duque, Rebecca Ego, Mahmoud Elsaman,
Hanna Hailemelekot, Aida Hammoud Watson, Amanie Issa, Jessica Maeda Jeri, Viktoria Khaitina, Jungwon Kim, Pedro Magariño, Oneall Marcy Massamba, Perrine
Monnet, Olena Mykhalchenko, Isabel Santagostino Recavarren, Katrin Schulz, Liang Shen, Gebre Teshome, Yulia Borisovna Valerio, Nayantara Vohra, Siyi Wang, and
Yelekale Hasabe Widneh. The authors would also like to thank Charlotte McClain-Nhlapo for helpful peer review, and Norman Loayza, Tea Trumbic, and David Francis for
comments and for guiding the publication process.
Objective and disclaimer: This series of Global Indicators Briefs synthesizes existing research and data to shed light on a useful and interesting question for policy
debate. Data for this Brief are extracted from the WBL database. These Briefs carry the names of the authors and should be cited accordingly. This Brief contains
figcaptions and is designed to be accessible, including for the visually impaired. The findings, interpretations, and conclusions are entirely those of the authors. They
do not necessarily represent the views of the World Bank Group, its Executive Directors, or the governments they represent. All Briefs in the series can be accessed via:
https://www.worldbank.org/en/research/brief/global-indicators-briefs-series.
DECIG – Global Indicators Briefs No. 14

Box 1 Ensuring political and social inclusion: “Nothing about us without us”

˜e drafting of the Convention on the Rights of Persons and be elected (Inclusion International 2015).
with Disabilities (CRPD) is a positive example of how persons
with disabilities participated in and in˙uenced the treaty ˜e same applies to the design of constructive policies
making process through Organizations of Persons with a˛ecting the lives of women with disabilities. Only a few OPDs
Disabilities (OPDs). ˜e meaningful involvement of persons focus on the issues that women with disabilities face. One
with disabilities during the negotiation and drafting process organization from the Middle East and North Africa (MENA)
strengthened the content of the Convention and showed the region stands out. “Stars of Hope” dedicates its work exclusively
potential of the disability community to establish a to promoting the rights of women with disabilities. It was
groundbreaking document most relevant for the persons it o˝cially established in 2007 by a group of women with
a˛ects (CRPD Committee 2018). However, this is not disabilities, and with leadership comprised of women with
necessarily the case in the lawmaking processes around the disabilities. According to the chairwoman of the Board of
world. Strong advocacy from OPDs and political will is needed Directors, the organization was established because women with
to enact laws that are disability-inclusive. Activists with disabilities in the MENA region faced discrimination and
disabilities have been asking for meaningful participation in marginalization and lacked the empowering tools to have a voice
political life to better raise these issues in the political agenda to defend their rights and needs. Stars of Hope works with
and draft policies and laws that directly a˛ect their lives. governmental institutions and women’s organizations to
“Nothing about us without us” is the motto they use to advance increase awareness of the rights of women with disabilities and
the point that people with lived experience are better placed to the importance of their inclusion in laws and policies. For
know which measures are needed to ensure their inclusion. Yet example, Stars of Hope has issued a policy recommendation to
persons with disabilities encounter barriers that prevent them ensure that the system to refer cases involving violence against
from engaging in policy making and in particular, persons with women in West Bank and Gaza is sensitive and responsive to the
intellectual disabilities are often deprived of their right to vote needs of women with disabilities.

Source: CRPD Committee 2018; Inclusion International 2015; Women, Business and the Law database.

Legal guarantees for the parental rights and discriminatory practices. If a law provides support for persons
responsibilities of persons with disabilities with disabilities without explicitly referring to women or
mothers, it is still considered a good practice under the applied
˜e CRPD seeks guarantees for equality and methodology because women carry most of the burden of
nondiscrimination in marriage, family, parenthood, and childbirth and childcare.
relationships for persons with disabilities. Speciÿcally, it states
that “[p]ersons with disabilities, including children, retain their Women, Business and the Law ÿnds that around the world,
fertility on an equal basis with others” [Article 23]. Yet, coerced laws in 27 economies grant di˛erent types of aid to parents with
and forced sterilization against persons with disabilities is a disabilities (Figure 1). ˜ose include ÿnancial or personal
harmful discriminatory practice that continues to this day in the assistance, a nondiscrimination clause regarding custody rights,
United States and around the world (National Women’s Law speciÿc attention in maternal health care, and extended
Center 2022). Evidence shows that women with intellectual maternity beneÿts (Table 1).
and psychosocial disabilities are particularly at risk of being
coerced to be sterilized (Servais et al. 2004; Powell and Stein The necessity of including women with
2016). Empirical research also conÿrms that women with disabilities in labor markets
intellectual disabilities often struggle to attain motherhood and
fear losing custody of their child (Höglund and Larsson 2013). Around the world, persons with disabilities are far more
In fact, intellectual disability or mental illness are still included likely than nondisabled individuals to be excluded from the
as grounds to consider termination of parental rights in some labor force. Sexist and ableist labor market norms further
countries (Francis 2019). In 2016, the European Court of depress the employment rates of women with disabilities.
Human Rights found that the restriction of parental authority Women with disabilities are less likely to be employed than men
of a father with an intellectual disability under domestic law, with disabilities by 9.3 percentage points, than nondisabled
which prevented his daughter from living with him, violated the women by 29.3 percentage points, and than nondisabled men
father’s and daughter’s right to private and family life (ECHR by 48.5 percentage points, according to 2019 data for 14
2016). ˜us, the law can play an important role in ensuring that economies reported by the International Labour Organization
persons with disabilities enjoy equal rights to family and (ILO 2019).
parenthood.
Laws and policies can promote the inclusion of persons
In this regard, the Women, Business and the Law project with disabilities within labor markets. ˜e CRPD mandates
included a question in its 2022 dataset on whether the law that reasonable accommodation be provided to workers with
provides support to women with disabilities in the exercise of disabilities and deÿnes such accommodation as “necessary and
their parental rights and responsibilities. ˜is question aims to appropriate modiÿcation and adjustments not imposing a
capture positive actions economies take to enable the disproportionate or undue burden, where needed in a particular
parenthood of women with disabilities and protect them from case” [Articles 2 and 27(1)(i)]. ˜is mandate recognizes that the

2
DECIG – Global Indicators Briefs No. 14

Twenty-seven economies around the world stipulate specific legal protections for the
Figure 1 parental rights of women with disabilities

Financial aid or Nondiscrimination Specific attention Extended maternity


personal assistance clause for custody rights in maternal healthcare benefits

• Bolivia • Antigua and Barbuda • Korea, Rep. • Bahrain


• Burkina Faso • Armenia • Togo • Kuwait
• Cameroom • Benin • Uganda • Spain
• Canada • Fiji
• Central African • Grenada
Republic • Haiti
• Chad
• Estonia
• France
• Germany
• India
• Korea, Rep.
• Estonia
• Puerto Rico (US)
• spain
• United States
• Uzbekistan
• Vietnam

Source: Women, Business and the Law database.


Note: Some economies provide multiple forms of legal protections.

interaction between an individual’s impairment and the employers is, therefore, to provide “reasonable
physical or social environment can result in the inability of accommodation.” Reasonable accommodation has been
those individuals to perform a particular function, job, or demonstrated to be an e°ective tool to increase the employment
activity on an equal basis with others (Ferri 2018). What is rate of persons with disabilities and boost productivity for both
more, the required accommodations should not be dismissed workers with disabilities and the employing ÿrm (Hickox and
simply because they may be inconvenient for an employer but Case 2020). However, concerns remain about implementing
only if and when they are too disruptive of the normal reasonable accommodations. For example, an employer might
operations of the business (ILO 2016). ˜e obligation of be worried about the perceived costs of accommodation, while

Table 1 Examples of laws protecting the parental rights of women with disabilities

Measure Example

Financial aid or France has widened access to disability compensation beneÿts for parents with disabilities,
personal assistance recognizing the need for human assistance (Decree No. 2020-1826 of December 31, 2020).
˜e Republic of South Korea provides a woman with a disability “with a helper who is to
visit her home for pre and postnatal care” (Act on Welfare of Persons with Disabilities).
In Cameroon, the law provides that the state will contribute to school expenses and
professional development of children whose parents have disabilities (Law No. 2010/002
of April 13, 2010).

Nondiscrimination clause In Benin, the law states that “no child shall be separated from his or her parents without
for custody rights just cause because of his or her disability or the disability of his or her parents” (Law No.
2017-06 Protecting and Promoting the Rights of Persons with Disabilities in the Republic
of Benin). In Fiji, the law protects the right of persons with disabilities to be free from
discrimination in all matters relating to parenthood (Fiji, Rights of Persons with Disabilities
Act of 2018).

Speciÿc attention in In Togo, the law provides that the personnel of health structures shall pay special attention
maternal health care to a woman with a disability during pregnancy and shortly after childbirth (Law of April 23,
2004, on the social protection of persons with disabilities).

Extended maternity In Kuwait, mothers with disabilities employed in the public sector are granted special fully
beneÿts paid leave (Law No. 8 of 2010 concerning the Rights of People with Disabilities). In Spain,
the birth allowance is paid for an additional 14 days (General Social Security Law as amended
in 2015).

Source: Women, Business and the Law database.

3
DECIG – Global Indicators Briefs No. 14

an employee might fear disclosure of their disability and unable to perform at regular capacity and emphasizes the belief
resulting stigmatization (Lindsay et al. 2019; Schrader, Malzer, that their labor is “cheap” (Friedman and Rizzolo 2020; Kuo,
and Bruyère 2014). Levine, and Kosciulek 2020).

While the CRPD does not advocate for the establishment Regardless of the merits of these various measures, they are
of sheltered workshops, where persons with disabilities work in the most commonly used tools to guarantee persons with
separated environments outside the “regular” labor force, these disabilities some access to employment. ˜us, as part of the new
workshops are still widely used to increase the employment rate 2022 Women, Business and the Law dataset on the rights of
of persons with disabilities (May-Simera 2018). Arguments in women with disabilities, four questions on inclusive labor
favor of sheltered workshops stress their ability to provide work markets were added to evaluate whether these measures consider
adapted to di˝erent types of disability and levels of severity. the speciÿc barriers that women with disabilities face:
However, a transition into the “open” labor market has
generally not been achieved (UNDESA 2018). Studies have 1. Is there a law or policy that mandates reasonable
shown that these workshops can leave workers with disabilities accommodation for workers with disabilities?
isolated and/or at risk of ÿnancial exploitation, and do not 2. If the answer is “Yes,” does the reasonable accommodation
foster the goal to transition to traditional employment law or policy mention women with disabilities?
(Ho˝man 2013). A majority of workers with disabilities would 3. Are there incentives in law or policy for businesses to
prefer working outside of sheltered workshops and would feel employ persons with disabilities (e. g., quotas, tax breaks,
comfortable doing so with the adequate assistance (Migliore et wage replacement)?
al. 2007). 4. If the answer is “Yes,” does the employment incentive law
or policy mention women with disabilities?
˜e CRPD also mandates the promotion of employment of
persons with disabilities in the private sector through a˛rmative In the 190 economies studied, 111 economies were found
action programs, incentives, and other measures [Article to have a reasonable accommodation mandate either in law or
27(1)(h)]. As a result, quotas and ÿnancial incentives, such as policy for persons with disabilities. However, only 6 of these
subminimum wage carveouts, have been put in place in various speciÿcally mention women with disabilities (Figure 2). ˜is is
economies around the world to increase the rate of employment the case, for example, in Sri Lanka, where the National Policy
of persons with disabilities. ˜e merits of such incentives have on Disability of 2003 mentions that the right to employment
been debated regarding their e˝ectiveness, inclusivity, and and reasonable accommodation should be enforced for both
respect for the fundamental rights of persons with disabilities. men and women with disabilities. In Ethiopia, the Right to
Quota systems, while having proven to be e˝ective measures to Employment of Persons with Disability Proclamation No. 568
increase employment rates, have shortcomings such as focusing of 2008 makes employers responsible for taking a˛rmative
solely on employment and not more generally on equal action measures to redress the multiple burdens that women
opportunities—leaving workers with disabilities behind when it with disabilities face (Box 2). While 120 economies have legal
comes to promotions (Sargeant, Radevich-Katsaroumpa, and or policy incentives for private sector businesses to employ
Innesti 2016). Subminimum wage carveouts were designed to persons with disabilities, such as quotas, tax breaks, or wage
encourage employers to hire workers with disabilities and open replacement, only 5 economies speciÿcally mention women
the door to employment for them. However, such measures with disabilities (Figure 2). For instance, in the Republic of
have been criticized for putting workers with disabilities at high Korea, the Act on Employment Promotion and Vocational
risk of exploitation and increasing structural inequalities. Rehabilitation for Disabled Persons provides for employment
Allowing employers to pay workers with disabilities less than the quotas for workers with disabilities as well as wage subsidies that
minimum wage is based on the notion that these workers are give preference to women with disabilities.

Only a few economies have active measures in law and policy to promote the labor market
Figure 2 inclusion of women with disabilities

Source: Women, Business and the Law database.

4
DECIG – Global Indicators Briefs No. 14

Ethiopia’s Right to Employment of Persons with Disability Proclamation recognizes the multiple
Box 2 burdens that arise for women with disabilities
In Ethiopia, only 53.5 percent of persons with disabilities disability rights advocates. A committee formed by the Ministry
participated in the labor market in 2013, while the general labor of Labor and Social A˝airs, including representatives of the Civil
force participation rate was 80.7 percent. Women with Service Commission and OPDs, eventually concluded that a
disabilities were even less likely than men with disabilities to be more comprehensive instrument needed to replace the outdated
employed (43.7 per cent compared to 63 per cent), being law and adopted Proclamation No. 568/2008.
predominantly involved in unpaid family work (Ethiopia, CSA
2013). ˛e employment rights of persons with disabilities were Article 6(1)(b) of the new law reverses the burden of proof
regulated by Proclamation No. 101 of 1994 before a major and mandates that it is the responsibility of employers to “take
reform occurred with the enactment of Proclamation No. 568 all reasonable accommodations and measures of a°rmative
of 2008. ˛is new law grants persons with disabilities the right action for women with disability taking into account their
to reasonable accommodation in employment, aiming to multiple burden that arise from their sex and disability.” With
encourage the inclusion of workers with disabilities in the labor this provision, the law attempts to address the unique di°culties
market. It is one of only six reasonable accommodation that arise from the intersection of gender and disability, visible
mandates in law or policy identiÿed by the Women, Business and
notably in the underrepresentation of women with disabilities in
the Law project that speciÿcally mention women with
disabilities. the workforce and in positions of leadership. Further, the
Proclamation provides in Article 6(1)(d) that “[a]ny employer
˛e passing of this law was the result of long-term lobbying shall have the responsibility to: […] protect women with
by Organizations of Persons with Disabilities (OPDs), disabilities from sexual violence that occur in workplaces and,
including the National Association of the Blind and the without prejudice to other sanctions to be taken against the
Ethiopian Women with Disabilities National Association. ˛e o˝ender under the relevant laws, take administrative measures
advocacy campaigns of these groups focused ÿrst on demanding against the perpetrator of acts of violence.” Despite progressive
a regulation to implement the 1994 Proclamation. ˛e law was language in the law, disability rights advocates note the weakness
originally drafted by the Civil Service Commission under the of the execution mechanisms of the law. Among other factors, a
leadership of the Legal Director, a person who was blind and a ÿne of 2,000 to 5,000 birr (the equivalent of US$40 to US$100)
member of the National Association of the Blind. ˛e Legal is too low to have a deterrent e˝ect on employers who refuse to
Director played a crucial role in listening to the demands of grant reasonable accommodation to workers with disabilities.

Source: Ethiopia, Central Statistical Agency 2013; Women, Business and the Law database.

Protection of women with disabilities against gender-based violence. Established questions on domestic
gender-based violence violence and sexual harassment in the WBL index were used as
the basis for this portion of the research to ensure that the laws
Women with disabilities experience gender-based violence follow international standards (World Bank 2022). Out of the
and harassment at a greater rate than nondisabled women 160 economies that prohibit domestic violence according to the
(World Bank Group 2019). For instance, in ÿve economies in WBL index, 51 explicitly protect women with disabilities (Map
Sub-Saharan Africa and South Asia, women with disabilities 1). For example, a law in Peru provides that disability places
were found nearly twice as likely to have encountered domestic individuals in positions of vulnerability to violence and
violence in the past year compared to women without mandates an intersectional approach in response to domestic
disabilities (Chirwa et al. 2020). Further, the likelihood of violence, considering identities such as marital status, sexual
recent domestic violence increases with the severity of the orientation, HIV-positive status, immigrant or refugee status,
disability. Disability compounds vulnerability to gender-based age, or disability, to name a few (Law No. 30364). Further,
violence for women because of a range of risk factors, from judges need to consider the disability of a victim when ordering
social isolation to economic dependence, resulting in reliance protective measures. In Mozambique, the disability status of a
on abusers (Barranti and Yuen 2008). Further, data across 35 survivor of domestic violence is considered an aggravating
countries show that while 30.7 percent of women with no circumstance that increases the sentences ordered by a court
functional di°culties think that a husband is justiÿed in hitting (Law No. 29/2009 on Domestic Violence Perpetrated Against
his wife, this ÿgure goes up to 38.3 percent for women with Women).
“[a]t least a lot of [functional] di°culty” (Mitra and Yap 2022).
More generally, gender-based violence curtails women’s Women, Business and the Law also ÿnds that of the 160
economic empowerment and economic growth. For example, economies that prohibit domestic violence, only 17 establish
losses due to violence against women and girls were projected to accessibility to services for women with disabilities who are
amount to 0.94 of Ghana’s GDP in 2017 (Raghavendra et al. survivors of domestic violence. Women with disabilities face
2022). speciÿc disability-related barriers to access support services,
including stigma, inadequate information and awareness, lack
˛e Women, Business and the Law project assesses three of training of personnel who provide response services, and
questions related to the legal protection of women with limited resources and funding (Van der Heijden, Harries, and
disabilities from domestic violence and sexual harassment. If a Abrahams 2020). However, access to emergency services and
law provides protection for persons with disabilities without shelters is crucial for survivors of domestic violence to escape
explicitly referring to women, it is considered good practice, danger and obtain resources in order to rebuild their lives and
given that women are disproportionately a˝ected by well-being (Sullivan 2018). ˛us, stipulating accessibility to
5
DECIG – Global Indicators Briefs No. 14

these services in the law can help women with disabilities tackle protection of persons with disabilities (Algeria, Australia,
some of the disability-speciÿc barriers that they encounter when Canada, Montenegro, Nepal, North Macedonia, Slovak
seeking support. A good practice example is the Republic of Republic). Others mandate aggravated penalties for sexual
Korea, where the Act on Special Cases Concerning the harassment o˜ences committed against a person with a
Punishment, etc. of Crimes of Domestic Violence (Act No. disability (Benin, Bolivia, Burkina Faso, Chad, Croatia,
17499) provides that centers and shelters may specialize in Cyprus, Ecuador, France, Gabon, Guinea, Honduras, Kosovo,
welcoming a target group, such as persons with disabilities. Oman, Peru, Saudi Arabia, Sierra Leone, Singapore, Togo,
Further, according to the law, if a shelter operates for persons República Bolivariana de Venezuela, Zambia). New
with disabilities, it must provide appropriate assistance in international standards are stipulated with ILO Violence and
consideration of all disabilities to ensure full accessibility to the Harassment Convention No. 190 of 2019 and accompanying
services. Such legal provisions need e˜ective implementation Recommendation No. 206, requiring the accessibility of
and enforcement to guarantee access for survivors of domestic
information resources and support measures.
violence who seek help. In Mongolia, for example, both the law
on the rights of persons with disabilities and the domestic
violence law mandate that shelters and services for victims Good legal practices are rare but lay the
should be tailored to the speciÿc needs of persons with foundation for gender- and disability-inclusive
disabilities. However, a recent report by Mongolian OPDs reform
highlighted concerns about the lack of implementation of these
Policies and laws around the world lack a gender and
provisions (MNFB, MNAWU, and NCPRWD 2019).
disability inclusive approach to family life, labor market
participation, and protection from gender-based violence, as the
Lastly, the Women, Business and the Law dataset on the
rights of women with disabilities includes a question on the data collected by the Women, Business and the Law project show.
protection of women with disabilities against sexual harassment Out of the 190 economies studied, only 27 (14 percent) legally
in employment. A 2018 study conducted in Australia showed recognize and protect the parental rights of women with
that persons with disabilities are 12 percentage points more disabilities. Out of 111 economies with a reasonable
likely to have been sexually harassed in the workplace than those accommodation mandate and 120 economies with employment
without disabilities (Australian Human Rights Commission incentives in law or policy, only 6 and 5, respectively, mention
2018). Women, Business and the Law ÿnds that out of 144 women with disabilities—meaning that less than 3 percent of
economies that have a law on sexual harassment in employment, economies globally promote their labor market inclusion. Out
only 30 explicitly recognize the protection of persons with of 160 economies with a domestic violence law, only 51
disabilities against such sexual harassment. Legal provisions take speciÿcally protect women with disabilities and 17 provide for
several forms. Some economies provide for the explicit access to services for survivors with disabilities. Out of 144

Map 1 Legal protection of women with disabilities from domestic violence and sexual harassment

Source: Women, Business and the Law database.


Note: A score of two means that the domestic violence law of the economy explicitly addresses women with disabilities and there is legislation on
sexual harassment in employment against women with disabilities. A score of one means that there is either a domestic violence law or a sexual
harassment law that explicitly mentions women with disabilities. A score of zero means that the economy has neither a domestic violence nor a sexual
harassment law protecting women with disabilities. The domestic violence law in 17 economies provides for accessibility to services for women with
disabilities survivors of domestic violence; these are marked with a star.

6
DECIG – Global Indicators Briefs No. 14

economies with a legal prohibition of sexual harassment in guaranteeing and protecting the rights of women with
employment, only 30 explicitly protect women with disabilities disabilities. ˜is Brief highlights some promising practices,
in these instances. ˜us, only about one-quarter (27 percent) of notably from Benin, France, Fiji, Ethiopia, the Republic of
economies protect the right to a life free from violence and Korea, Kuwait, Mozambique, Peru, Spain, Sri Lanka, and
harassment for women with disabilities. ˜is evidence Togo. Such examples can inform policy making and guide legal
underscores the dire need for legal and policy reforms toward reforms across the globe.

References
Australian Human Rights Commission. 2018. Everyone’s Business: Lindsay, Sally, Elaine Cagliostro, Joanne Leck, Winny Shen, and
Fourth National Survey on Sexual Harassment in Australian Jennifer Stinson. 2019. “Employers’ Perspectives of Including
Workplaces. Sydney: Australian Human Rights Commission. Young People with Disabilities in the Workforce, Disability
Disclosure and Providing accommodations” Journal of Vocational
Barranti, Chrystal C. R., and Francis K. O. Yuen. 2008. “Intimate Rehabilitation 50 (2): 141–56.
Partner Violence and Women with Disabilities: Toward Bringing
Visibility to an Unrecognized Population.” Journal of Social Work May-Simera, Charlotte. 2018. “Reconsidering Sheltered Workshops in
in Disability & Rehabilitation 7 (2): 115–30. Light of the United Nations Convention on the Rights of Persons
Braunmiller, Julia C., and Marie Dry. 2022. “˜e Importance of with Disabilities (2006).” Laws 7 (1): 6.
Designing Gender and Disability Inclusive Laws: A Survey of Migliore, Alberto, David Mank, Teresa Grossi, and Patricia Rogan.
Legislation in 190 Economies.” Global Indicators Brief No. 11, 2007. “Integrated Employment or Sheltered Workshops:
World Bank Group, Washington, DC. Preferences of Adults with Intellectual Disabilities, ˜eir Families,
Chirwa, Esnat, Rachel Jewkes, Ingrid Van Der Heijden, and Kristin and Sta°.” Journal of Vocational Rehabilitation 26 (1): 5–19.
Dunkle. 2020. “Intimate Partner Violence among Women with Mitra, Sophie, and Jaclyn Yap. 2022. °e Disability Data Report.
and without Disabilities: A Pooled Analysis of Baseline Data from Disability Data Initiative. New York: Fordham Research
Seven Violence-Prevention Programmes.” BMJ Global Health 5 Consortium on Disability.
(11): e002156.
MNFB, MNAWU, and NCPRWD (Mongolian National Federation
CRPD Committee (Committee on the Rights of Persons with of the Blind, Mongolian National Association of the Wheelchair
Disabilities). 2018. “General Comment No. 7 (2018) on the Users, and National Center to Protect the Rights of Women with
Participation of Persons with Disabilities, Including Children with Disabilities Mongolia). 2019. “Submission of the Mongolian
Disabilities, through ˜eir Representative Organizations, in the National Federation of the Blind, Mongolian National Association
Implementation and Monitoring of the Convention.” United of the Wheelchair Users and National Center to Protect the Rights
Nations, New York. of Women with Disabilities Mongolia.” Pre-sessional Working
ECHR (European Court of Human Rights). 2016. “Kocherov and Group of the CEDAW Committee, 63rd session.
Sergeyeva v. Russia – 16899/13.” European Court of Human
Rights, Strasbourg, France. National Women’s Law Center. 2022. Forced Sterilization of Disabled
People in the United States. Washington, DC: National Women’s
Ethiopia, CSA (Central Statistical Agency). 2013. Ethiopia National Law Center.
Labor Force Survey 2013. CSA, Addis Ababa.
Powell, Robyn M., and Michael Ashley Stein. 2016. “Persons with
Ferri, Delia. 2018. “Reasonable Accommodation as a Gateway to the Disabilities and their Sexual, Reproductive, and Parenting Rights:
Equal Enjoyment of Human Rights: From New York to An International and Comparative Analysis.” Frontiers of Law in
Strasbourg.” Social Inclusion 6 (1): 40–50. China 11(1): 53-85.
Francis, Leslie. 2019. “Maintaining the Legal Status of People with Raghavendra, Srinivas, Kijong Kim, Sinead Ashe, Mrinal Chadha,
Intellectual Disabilities as Parents: the ADA and the CRPD.” Felix Asante, Petri T. Piiroinen, and Nata Duvvury. 2022.
Family Court Review 57 (1): 21–36. “Violence against Women and the Macroeconomy: ˜e Case of
Friedman, Carli, and Mary Rizzolo. 2020. “Fair-Wages for People Ghana.” Journal of International Development 34 (2): 239–58.
With Disabilities: Barriers and Facilitators.” Journal of Disability Sargeant, Malcolm, Elena Radevich-Katsaroumpa, and Alessandra
Policy Studies 31 (11): 152–63. Innesti. 2016. “Disability Quotas: Past or Future Policy?” Economic
Hickox, Stacy A., and Keenan Case. 2020. “Risking Stigmatization to and Industrial Democracy 39 (3): 404–21.
Gain Accommodation.” University of Pennsylvania Journal of Schrader, Sarah Von, Valerie Malzer, and Susanne Bruyère. 2014.
Business Law 22 (3): 533–90. “Perspectives on Disability Disclosure: ˜e Importance of
Ho°man, Laura C. 2013. “An Employment Opportunity or a Employer Practices and Workplace Climate.” Employee
Discrimination Dilemma? Sheltered Workshops and the Responsibilities and Rights Journal 26: 237–55.
Employment of the Disabled.” University of Pennsylvania Journal of
Law and Social Change 16: 151–80. Servais, Laurent, Robert Leach, Denis Jacques, and Jean-Paul
Roussaux. 2004. “Sterilisation of Intellectually Disabled Women.”
Höglund, Berit, and Margareta Larsson. 2013. “Struggling for European Psychiatry 19 (7): 428–32.
Motherhood with an Intellectual Disability—A Qualitative Study
of Women’s Experiences in Sweden.” Midwifery 29 (6): 698–704. Sullivan, Cris. 2008. “Understanding How Domestic Violence
Support Services Promote Survivor Well-being: A Conceptual
ILO (International Labour Organization). 2016. Promoting Diversity Model.” Journal of Family Violence 33 (2): 123–31.
and Inclusion through Workplace Adjustments: A Practical Guide.
Geneva: ILO. UNDESA (United Nations Department of Economic and Social
A°airs). 2018. UN Flagship Report on Disability and Sustainable
ILO. 2019. International Day of Persons with Disabilities: How Development Goals. New York: United Nations.
Disability A˜ects Labour Market Outcomes, December 3, 2019,
available at: Van der Heijden, Ingrid, Jane Harries, and Naeemah Abrahams. 2020.
https:/ ilostat.ilo.org/international-day-of-persons-with-disabilities-how-disability-af ects-labour-market-outcomes/.
https://ilostat.ilo.org/international-day-of-persons-with-
disabilities-how-disability-a°ects-labour-market-outcomes/.
“Barriers to Gender-based Violence Services and Support for
Women with Disabilities in Cape Town, South Africa.” Disability
& Society 35 (9): 1398–1418.
Inclusion International. 2015. “Accessing the Ballot Box: Inclusive
Civic Engagement for People with Intellectual Disabilities—An World Bank. 2022. Women, Business and the Law 2022. Washington,
Information Toolkit for Governments.” Inclusion International, DC: World Bank.
London.
World Bank Group. 2019. “Brief on Violence Against Women and
Kuo, Hung Jen, Allison Levine, and John Kosciulek. 2020. “˜e Girls with Disabilities.” World Bank Group, Washington, DC.
Relationship of Quality of Life and Subminimum Wage:
Implications of WIOA Section 511.” Journal of Rehabilitation 86 World Bank and WHO (World Health Organization). 2011. World
(2): 31–38. Report on Disability. Geneva: World Health Organization.

You might also like