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Doubly Disadvantaged Women and girls with disabilities in the Asia Pacific region face double burden by Lim Kah Cheng and Dr Prema DevarajThe progress made by women in the Asia Pacific region over the last 20 years or so has not extended to their disabled sisters. Neither the region's economic growth nor the women's movement has really benefited disabled women and girls who continue to struggle to be recognised as persons and as females. Disabled women and girls remain hidden and silent, their concerns unknown and their rights overlooked. They continue to live under the double burden of being disabled and female. Prejudice continues to prevail within each category making disabled women and girls one of the most marginalised groups in society. Attitudes and Images Girls with disabilities grow up with the burden of a stigma and expect little of themselves. The perception that disabled women and girls are inferior and of little value contributes greatly to their lack of self-esteem. Given the gender bias in society, the subordinate status imposed on women further increases the likelihood that disabled women will have their individuality and rights ignored. Despite the social, cultural and economic changes in the region, the role and identity of a woman is still closely associated to that of a nurturer, a bearer of children. The disabled woman is however not considered marriageable because her disability is seen as a defect and there is fear that her disability could be passed on to her children. There are doubts as to her capacity to look after the home and family. Hence women with disabilities are frequently denied the right to motherhood although it brings a greater sense of self-worth and increased social acceptance. Sexuality for women with disabilities is as much a part of their identity and as important to their well being as for non-disabled women. Yet society expects women with disabilities not to have any sexuality and are seldom (if at all) included in programmes on reproductive health education. It is not uncommon for caregivers to sterilise disabled girls to "protect" them against sexual abuse by others, thereby depriving these disabled girls their basic human right to decide whether or not to bear children. Violence Disabled girls and women are at high risk of being regularly abused physically and mentally, most commonly by those around them – family members and caregivers – at home or in institutions. Abuses range from beatings to rape. Yet few of the victims talk about it or press charges. Many feel that they will not be believed and fear of reprisals is common. Most victims do not know where or to whom to turn for help. The issue of sexual assault on disabled girls and women needs to be highlighted so that the perpetrators can be punished and the victims protected. Health Care and Rehabilitation Disabled persons in general and poor disabled girls in particular are often not provided with or have little access to early intervention or rehabilitation services. The prejudice surrounding their ability and value continues to perpetuate the view that rehabilitating them is futile as can be seen by the resources allocated either by the family or the State for the health care of disabled women. Rehabilitation services in the developing countries of the region are generally still inadequate and poorly co-ordinated. Disabled women and girls must travel to cities or stay at residential facilities for a specific period of time. Commuting poses serious difficulties for women and girls with disabilities, not to mention added cost. Education While public attitudes regarding the value of educating and training women have changed considerably throughout the Asia Pacific region, little has changed in this respect for women with disabilities. Opportunities for girls with disabilities to receive an education or to attend training courses are available to only a few. Although the Malaysian Education Policy provides for inclusive education for the disabled, there are few trained teachers and even fewer facilities available. Most schools in Malaysia do not have barrier-free access or amenities for the disabled. Education is not made compulsory and disabled children who are not sent to school or who are removed from school before completing six years or less have no one to intervene on their behalf if their parents are unwilling or unable to support their education. Many disabled women in Malaysia have very little education since their families do not see them as capable of productive work. This increases their isolation, low self-esteem and dependency. In countries where health care and education is free for all, persons with disabilities still have to incur expenses for transport, food and accommodation. Disability creates and exacerbates poverty not just for the disabled woman but her entire family. Employment Again many disabled women can testify to the problems they face in getting employment. There are few opportunities for gainful employment and disability is once again perceived as a burden for the family. Even those who manage to get good academic results face discrimination at the work place, even though the Malaysian government has offered some tax incentives to employers who hire disabled persons. Apparently, such incentives are inadequate and there are no further incentives given or penalties imposed on employers to spur them to make their work places disabled-friendly or to employ the latest technology available to assist disabled persons. Even the government policy of employing at least 1 per cent disabled persons does not appear to have been implemented. When disabled persons manage to get employment, they face problems in getting to and from work, given the fact that our public transport makes almost no provisions for the disabled. It makes good economic sense for society to provide for the development of disabled persons so that they can contribute to the development of the country and their families, instead of being made dependants all their life. But, more important, justice demands that the rights and concerns of disabled persons and especially disabled women and girls be recognised and addressed. Legislation While there are calls for the amendment to the Constitution (Articles 8 and 12) to prohibit discrimination on the grounds of gender and disability, urgent steps must now be taken to remove barriers to the development and growth of disabled women and girls. The number of disabled persons registered with the Social Welfare Department in Peninsular Malaysia as at September 1998 was 733, 058. It is generally agreed that this is only a fraction of the total number of disabled persons in the country, which is estimated at 5 per cent of the total population. This should put the figure at some 1 million Malaysians. Therefore the number of disabled women and girls should be about 500, 000, and the figure is increasing, given the rising population, high road accident rates and the growing ageing population. Malaysia is one of very few countries in this world that do not have comprehensive laws to protect the rights of disabled persons against discrimination. The only law we have currently is the Uniform Building (Amendment) By-Laws 1993, which provides that all buildings specified in the amendment (which includes schools, hospitals, offices, banks, post offices, shops, supermarkets, factories, colleges, universities, hostels, hotels and residential buildings other than single family private dwellings) must provide for access to disabled persons and be designed with facilities for use by disabled persons (now by-law 34A). Yet most buildings in Malaysia have no such access or facilities. In addition, in Malaysia, there is no law to prohibit discrimination against the disabled, unlike in other countries all over the world. However, in the case of Jakob Renner (an infant suing through his father and next friend, Gilbert Renner) and Others vs Scott King, Chairman of Board of Directors of the International School of Kuala Lumpur and Others, a point was made. In this case, an American disabled child residing in Malaysia obtained a Court Order to restrain a private school from disallowing him to continue his education in the middle school on the grounds of his disability. Quoting Judge Law Hap Bing: " In the case before me, it is apparent that financial expenditure in making the defendant school disabled-friendly was a principal factor in excluding Jakob… In my view, this is not legally tenable. As a matter of law and justice, financial considerations must take a back seat and give way to disabled children's basic rights to education." Recommendations There is a serious need to address the problems of the disabled people in our country and of disabled women in particular. A joint effort between the government, non-governmental organisations and the community is needed to: i) implement existing legislation to ensure that all schools, hospitals, government departments, public places and transport systems are made disabled user friendly; ii) produce data with a proposal to ensure the full participation of disabled people in society; iii) ensure more financial assistance (tax rebates) for the disabled and their families so that they can obtain the necessary physical aids and other assistance to live more independent lives; iv) conduct a nation-wide educational campaign to stop discrimination against the disabled at home, in school and in the workplace, and v) have clear and enforceable legislation promoting the rights of the disabled. Disability is not a welfare issue but a human rights one. |