Rights of Women with Disabilities in International and Domestic Legislations
The Philippines ratified all of the six Conventions which comprises the international bill
of rights namely: International Covenant on Civil and Political Rights, International
Covenant on Economic, Social and Cultural Rights, International Convention on the
Elimination of all forms of Racial Discrimination, Convention on the Elimination of all
forms of Discrimination against Women, Convention against Torture, and Convention
on the Rights of the Child. While only the CRC specifically referenced in its text the
rights of children with disabilities, all of these Conventions apply to people with
disabilities.
There is an evident need to interpret and implement CEDAW and the CRPD when
dealing with issues of women and girls with disabilities. The CEDAW defines
discrimination against women and sets out state obligations to protect, promote and
fulfill women’s human rights. Although one cannot find in the text of the Convention an
explicit mention of women with disabilities nor of intersectionality, the Committee on
CEDAW has made clarifications and issued guidance towards better understanding
and full implementation of women’s human rights.
The Committee on CEDAW in particular adopted General Recommendation 18 in 1991
and expressed its concern about the situation of women with disabilities and
recommended that States parties provide information on disabled women and to
report on “measures they have taken to ensure that disabled women have equal access
to education and employment, health services and social security, and to ensure that
they can participate in all areas of social and cultural life”
The Committee also adopted General Recommendation 19 on violence against women.
The text applies to women with disabilities particularly in contexts of family life and
marriage, and sexual and reproductive health and rights.
In 2008, the Philippines ratified the Convention on the Rights of Persons with
Disabilities or UN CRPD binding itself to the purpose of the Convention to “promote,
protect and ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities and to promote respect for their inherent
dignity (Article 1). The CRPD defines persons with disabilities as—
those who have long-term physical, mental, intellectual or sensory
impairments which in interaction with various barriers may
hinder their full and effective participation in society on an
equal basis with others (Art.1)
The UN CRPD explicitly recognizes in Article 6 the rights of women with disabilities and
in 2016 the Committee on the Rights of Persons with Disabilities adopted General
Comment No. 3 to provide guidance to States parties in fulfilling their obligations.
General Comment No. 3 emphasizes that women with disabilities are subject to
multiple and intersecting forms of discrimination. It states that —
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