ICJ submission highlights discrimination as key obstacle to women and girls with disabilities in enforcing their human rights – The International Commission of Jurists – ICJ

Report on Barriers to Justice for Women with Disabilities in Kenya, Nepal, and Uzbekistan

Introduction: Aligning with Sustainable Development Goals

A submission by the International Commission of Jurists (ICJ) to the Committee on the Rights of Persons with Disabilities (CRPD) details significant barriers preventing women and girls with disabilities from accessing justice in Kenya, Nepal, and Uzbekistan. These findings directly impact the achievement of several Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities), and SDG 16 (Peace, Justice and Strong Institutions). The submission serves as a critical input for the CRPD Committee’s development of guidelines to address multiple and intersectional forms of discrimination, a process vital for advancing the 2030 Agenda for Sustainable Development.

Key Findings on Intersectional Discrimination and SDG 5 (Gender Equality)

The report highlights that the convergence of gender and disability creates unique and compounded forms of discrimination, undermining progress towards SDG 5. This is particularly evident in the context of violence and legal recourse.

• Heightened Risk of Violence: Women and girls with disabilities face a disproportionately high risk of sexual and gender-based violence, a direct contravention of SDG Target 5.2, which aims to eliminate all forms of violence against women and girls.
• Compounded Systemic Barriers: Existing systemic failures to provide procedural accommodations and support perpetuate discrimination, preventing women and girls with disabilities from exercising their human rights and seeking effective remedies, thereby hindering the goals of SDG 5.1 to end all forms of discrimination.
• Vulnerability of Specific Groups: The prevalence of discrimination is particularly acute for women and girls with intellectual and/or psychosocial disabilities, who face significant legal and practical challenges that contravene the principle of leaving no one behind.

Systemic Barriers to SDG 16 (Peace, Justice and Strong Institutions)

The ICJ identifies persistent obstacles within the justice systems of the three countries, which fundamentally challenge the objective of SDG 16.3 to ensure equal access to justice for all. These barriers prevent the establishment of effective, accountable, and inclusive institutions.

1. Physical and Procedural Inaccessibility: Justice premises often lack physical accessibility, and there is a severe shortage of support persons, such as interpreters or intermediaries, and a general absence of adequate procedural accommodations.
2. Attitudinal Barriers: The continuing effect of harmful gender- and disability-based stereotypes among justice sector actors undermines fair legal proceedings and outcomes.
3. Economic Constraints: Financial limitations severely restrict the ability of women and girls with disabilities to pursue justice, creating an economic barrier to the rule of law.

Challenges to SDG 10 (Reduced Inequalities) and Data-Driven Policy

The report underscores a critical data gap that impedes efforts to reduce inequalities, as mandated by SDG 10. The large-scale unavailability of disability-disaggregated data makes it impossible to formulate and monitor effective, evidence-based policies.

• Undermined Policymaking: Without precise data, authorities cannot design targeted programs to address the specific needs of women and girls with disabilities, as required to achieve SDG Target 10.2 on social, economic, and political inclusion.
• Ineffective Resource Allocation: The lack of data hinders the ability to allocate resources effectively to where they are most needed to dismantle barriers.
• Inadequate Monitoring: It is impossible to monitor progress on access to justice for this demographic, making it difficult to hold institutions accountable for fulfilling their commitments under SDG 10 and SDG 16.

Strategic Initiatives and Recommendations for SDG Implementation

The ICJ’s work, including the ENABLE initiative and the Bangkok General Guidance for Judges (BGG 2022), represents a commitment to building partnerships (SDG 17) to strengthen institutional capacity. These initiatives provide a framework for justice sector actors to address intersectional discrimination. The ICJ’s submission advocates for the development of comprehensive CRPD guidelines that are informed by the lived realities of women and girls with disabilities, ensuring that future policies are aligned with international human rights standards and contribute directly to the successful implementation of the SDGs.

Analysis of SDGs in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 5: Gender Equality

The article directly addresses SDG 5 by focusing on the discrimination and violence faced by “women and girls with disabilities.” It highlights the intersection of gender and disability, noting the “continued discrimination, on the basis of both gender and disability,” and the “high risk of sexual and gender-based violence against women and girls with disabilities.” This aligns with the goal’s aim to achieve gender equality and empower all women and girls.

SDG 10: Reduced Inequalities

This goal is central to the article, which discusses the “multiple and intersectional forms of discrimination against women and girls with disabilities.” The text identifies the need to address legal, attitudinal, and systemic barriers that prevent their full inclusion and participation. The focus on “women and girls with intellectual and/or psychosocial disabilities” further emphasizes the goal of reducing inequalities for the most marginalized groups.

SDG 16: Peace, Justice and Strong Institutions

The core theme of the article is the challenge women and girls with disabilities face in “accessing justice.” It details “systemic barriers to justice,” including inaccessible facilities, lack of procedural accommodations, and harmful stereotypes within the justice system. The entire submission to the CRPD Committee is aimed at improving access to justice and effective remedies, which is a cornerstone of SDG 16.

SDG 17: Partnerships for the Goals

The article touches upon SDG 17 by highlighting a critical data gap. It states that the “large-scale unavailability of disability disaggregated data… undermines evidence-based policymaking.” This directly relates to the need for high-quality, reliable, and disaggregated data to monitor progress and inform policy, a key aspect of strengthening the means of implementation under SDG 17.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 5: Gender Equality

   • Target 5.1: End all forms of discrimination against all women and girls everywhere. The article’s focus on addressing “continued discrimination, on the basis of both gender and disability” and the “particular prevalence of discrimination against women and girls with intellectual and/or psychosocial disabilities, both in law and in practice” directly relates to this target.
   • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres. This is explicitly mentioned when the article points out the “high risk of sexual and gender-based violence against women and girls with disabilities” and how barriers to justice have a “detrimental effect on their access to justice and effective remedies in cases relating to sexual and gender-based violence.”

2. SDG 10: Reduced Inequalities

   • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. The article’s entire premise is to address the exclusion of women and girls with disabilities from the justice system and empower them to exercise their human rights.
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices. The submission to the CRPD Committee, which outlines “legal, attitudinal and systemic barriers,” is an effort to promote action towards eliminating discriminatory practices and ensuring equal access to justice.

3. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. This is the most prominent target, as the article is entirely focused on the “significant obstacles in accessing justice” and the “persistent obstacles to access to justice for women and girls with disabilities.”

4. SDG 17: Partnerships for the Goals

   • Target 17.18: By 2020, enhance capacity-building support to developing countries… to increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts. The article directly identifies a failure to meet this target by stating, “The large-scale unavailability of disability disaggregated data… undermines evidence-based policymaking.”

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The article implies several indicators that can be used to measure progress:

1. Indicators for SDG 5 (Gender Equality)

   • Prevalence of sexual and gender-based violence: The article’s mention of the “high risk of sexual and gender-based violence” implies the need to measure the proportion of women and girls with disabilities who experience such violence, which aligns with indicator 5.2.1 and 5.2.2.
   • Existence of legal frameworks: The discussion of “discrimination… both in law and in practice” implies the need to assess whether legal frameworks are in place to promote, enforce, and monitor gender equality for women with disabilities, aligning with indicator 5.1.1.

2. Indicators for SDG 16 (Peace, Justice and Strong Institutions)

   • Accessibility of justice facilities: The barrier of “inaccessible facilities within justice premises” suggests an indicator measuring the proportion of police stations, courts, and legal aid centers that are physically accessible to persons with disabilities.
   • Availability of procedural accommodations: The mention of “the unavailability of support persons, such as interpreters or intermediaries” and “the absence or inadequacy of procedural accommodations” points to indicators such as the proportion of legal proceedings that provide necessary accommodations for persons with disabilities.
   • Proportion of population reporting discrimination: The reference to “harmful gender- and disability-based stereotypes” in the justice system implies the need to measure the experiences of discrimination among women and girls with disabilities when interacting with justice institutions, aligning with indicator 16.b.1.

3. Indicators for SDG 17 (Partnerships for the Goals)

   • Availability of disaggregated data: The article explicitly states the “large-scale unavailability of disability disaggregated data.” This directly points to an indicator measuring the proportion of national statistical plans and data collection efforts that include data disaggregated by disability status, aligning with indicator 17.18.1.

4. Table of SDGs, Targets, and Indicators

Source: icj.org