The CHR studied the nature of complaints concerning persons with disabilities filed in
the Commission. Of the 56 complaints involving PWD filed in the CHR from 1987-
2006, 64% are sexual abuse in nature and 70 percent of the 57 alleged victims are
female. A great majority indicated having mental and/or developmental disabilities
while the rest have physical disabilities. Almost 45% of the abuse are perpetrated by
civilians, and about 25% by law enforcement officers and public officials. The rest did
not specify the suspect while only 4 out of all the cases indicated PWD as alleged
perpetrators.
PWD groups brought to the attention of CHR the pending cases subject to resolution. In
2017.
When disability-related violence intersects with gender-based violence, women with
disabilities are put at a greater disadvantage, vulnerability and marginalization. Majority
of CHR cases involved sexual violence and many of the victims were deaf or with
mental incapacity belonging to vulnerable populations such as indigenous peoples, the
poor, persons with multiple disabilities, or they are considered minors. Victims suffer
from multiple forms of abuse often over a prolonged period of time resulting in
pregnancy.
PWD groups also gather data concerning gender-based violence against women and
girls with disabilities. The results show that rape cases filed by deaf women and girls
outnumber all other types of complaints of deaf women in a ratio of 10:1, and that 20
percent of Supreme Court cases on PWDs from 2008-2011 are on gender-based
violence and almost exclusively by women and girls with intellectual disabilities. (2016
CEDAW Shadow Report, PAWID).
Weak response of CHR to cases, limitations of the relief provided by regional
offices
The CHR notes that “regional offices deem the cases closed and terminated once filed
with prosecution office and/or the courts or even if they find it difficult to look for
witnesses” and that there is a greater need for the regional offices to conduct
monitoring and ensure a stronger response than mere provision of financial assistance.
The CHR handles these cases parallel to the police and court process of investigations.
CHR investigation ends when all the parties have replied and documents were
gathered. Its findings of human rights violations are filed but CHR as a
recommendatory body, could only grant financial assistance and conduct monitoring
of cases.
Some complainants signed or were convinced to execute affidavits of desistance.
Cases were also filed with the prosecutor or the courts but they remain pending,
respondents are at large, proceedings prolonged, and petitions for review with the DOJ
or desistance executed.
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