Protocols
As a rule, in the handling of cases involving
women with disabilities the regular investigation
and interview procedures shall apply, with additional
special requirements as part of the processes in view
of the physical and psychological or mental condition
of the victims. As necessary, investigators and
lawyers attending to cases involving this particular
sector should work in close coordination or with the
direct involvement of professional help, according
to the needs of the victim-survivors. Accessibility
and reasonable accommodation shall be provided to
ensure access to justice for women with disabilities.
Whenever appropriate, the victim-survivor should be
assisted by the parents or guardian at all stages of the
proceedings.
If the officers handling the case do not speak the
language of the victim or the victim is deaf, a competent
interpreter is a must to ensure that the victim-survivor
will be able to perceive and respond intelligently to
questions or information asked of her. Facilities to
ensure access and reasonable accommodation, shall
be provided.
Investigators and lawyers dealing with women
with disabilities should remember and take into
account the following157:
• The circumstances where violence may occur
for women with disabilities and deaf women
differ at times from that of women without
disabilities. For example, violence in the context
of caregiving occurs for women with disabilities
who use attendant or homecare services. Many
violence against women services focus on
intimate partner abuse which only addresses a
percentage of the abuse experienced by women
with disabilities. Many experience abuse within
institutional settings (e.g., sexual abuse), by
homecare personnel (e.g., physical abuse), and
by caregivers and families (e.g., financial abuse).
Yet there are limited strategies to address these
differences.
• Women face several barriers that impede or
prevent reporting/disclosure of abuse/human
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rights violations and accessing supports, these
barriers should be taken into consideration
and addressed in order to ensure access to and
services to women with disabilities.
• Many women with disabilities do not know that
what they are experiencing are forms of abuse
–for many women with disabilities, abuse is the
‘norm’ in their lives;
• Women with disabilities may not know where to
go to seek help and lack appropriate services –
women with disabilities may not see themselves
represented in services or they may not know
what services are available that can provide
support and connection to the community.
In order for service providers, in this case, lawyers
and investigators to provide sensitive handling of
human rights/ discrimination/non –compliance
cases, the following may be observed:
•
Non-judgmental
listening,
believing
disclosures, and treating women with
compassion and respect;
• Asking about abuse and having the space and
time needed to talk about it in a supportive
setting (e.g., drop in, formal support group or
with friends);
• Connecting the woman to the larger community
(isolation leads to greater risk for victimization
and many women with disabilities experience
high rates of isolation as a result of exclusion
from their families and the larger community);
and
• Taking care of their health (violence is a health
issue and impacts a woman’s mental and
physical well-being)
• .Elderly
Everybody has the right to survival, freedom and
personal safety, and the right to obtain basic provisions
for living. No one, including elders, should be treated
with cruelty, inhumanity or insult158. In handling
158 Procedural Guidelines for Handling Elder Abuse Cases/
December 2003 (Revised in August 2006) http://www.swd.gov.hk/
CHR Gender Ombud Guidelines
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