Leveraging Worldwide 
Perspectives on Serving Survivors 
with Disabilities 

Anastasia Holoboff, Esq. 

Senior Legal Advisor, Women Enabled 
International 
November 19, 2019 



Women Enabled International 

vOur Mission: Women Enabled 
International advances human rights at 
the intersection of gender and 
disability to: respond to the lived 
experiences of women and girls with 
disabilities; promote inclusion and 
participation; and achieve 
transformative equality. 
vOur Vision: Women Enabled 
International envisions a world where 
women and girls with disabilities claim 
human rights, act in solidarity and lead 
self-determined lives. 

A Framework for the Guidelines 



Overview and Application of the 
International Human Rights Framework 

• 
The Convention on the Rights of Persons with 
Disabilities (CRPD) 
• 
First international treaty on the rights of persons with 
disabilities adopted in 2006. 
• 
Reflects a social/human rights model of disability. 
• 
Definition of Disability: “Persons with disabilities 
include 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.” (Article 1) 

Application of the International 
Human Rights Framework (2) 

• 
Articles on range of disability rights topics – E.g. 
Equality and Non-Discrimination (Art. 5); Women 
with Disabilities (Art. 6); Accessibility (Art. 9); Equal 
Representation before the Law (Art. 12); Access to 
Justice (Art. 13); Freedom from Exploitation, 
Violence and Abuse (Art. 16); Living Independently 
and Being Included in the Community (Art. 19); Work 
and Employment (Art. 27). 

Application of the International 
Human Rights Framework (3) 

• 
Further guidance from the U.N. Special 
Rapporteur on the Rights of Persons with 
Disabilities and the Committee on the Rights of 
Persons with Disabilities. 
• Report of the Special Rapporteur on the 
rights of persons with disabilities (theme: 
legal capacity reform and supported 
decision-making) (2017) 
• CRPD Committee General Comment No. 2 
– Article 9: Accessible (2014) 

Models of Disability 

vSocial/ Human Rights Model 
vCharityModel 
People with disabilities who deserve our support and 
care as an act of charity. 

vMedical Model 
Disability is a medical problem that should be treated as 
other medical problems and eradicated when possible. 



Women and Young People with Disabilities 
Access to GBV Services: What We Know 

vRoughly half a billion women with disabilities worldwide. 
v180 -220 million young people with disabilities 
worldwide. 
vPersons with disabilities are 3 times more likely to 
experience physical violence, sexual violence, and 
emotional violence than persons without disabilities. 
vWomen with disabilities are estimated to be up to 10 
times more likely to experience sexual violence. 

Women and Young People with Disabilities 
Access to GBV Services: What We Know (2) 

vBetween 40% -68% of young women with 
disabilities will experience sexual violence before 
age 18. 
vBoys and men with disabilities are 2 times as likely 
as boys and men without disabilities to be sexually 
abused in their lifetime. 
vChildren with disabilities are 1.7 times more at risk 
of violence than their peers without disabilities. 
vChildren with intellectual disabilities are almost 5 
times more likely to be subjected to sexual violence 
than children without disabilities. 

The Guidelines 



Our Process to Develop the 
Guidelines 

vAuthored by Anastasia Holoboff and Suzannah 
Phillips, Women Enabled International 
vLiterature review of relevant human rights law, good 
practices, and standards worldwide. 
vWeek-long expert group meeting in Cartagena, 
Colombia, December 6–8, 2016 
vOnline expert consultations with 64 global experts 
on GBV and SRHR service provision and disability 
rights. 
vDocument drafts peer-reviewed 17 global experts. 

The Guidelines 

• 
Women and Young Persons withDisabilities: Guidelines for Providing Rights-
Based and Gender-Responsive Services toAddress Gender-Based Violence and Sexual 
and Reproductive Health and Rights (2018) 
• 
Available at: 
https://www.womenenabled.org 

• 
Available in: 
• 
English 
• 
Easy Read English 
• 
French 
• 
Spanish 
• 
Arabic (pending) 

Overview of the Guidelines 

vPurpose: To provide practical guidance to ensure 
that GBV and SRHR services give full effect to the 
rights of women and young people with disabilities. 
vAudience: GBV and SRHR service providers and 
support staff, these Guidelines are also intended as 
a valuable resource for all stakeholders 
(government, international organizations, and nongovernmental 
organizations) 
vScope: Low-, middle-, and high-resource settings 
and humanitarian emergency settings where 
services for women with disabilities ages 24 and 
above and young people with disabilities, female 
and male, ages 10-24 are provided. 

Overview of the Guidelines (2) 

vChapters: 
vChapter 1: Overview 

vChapter 2: Foundational Guidelines for Action 
vChapter 3: Guidelines for GBV Service Provision 
vChapter 4: Guidelines for SRHR Service Provision 
vChapter 5: Glossary and Resources 

Foundational Guidelines for Planning for 
Inclusive Services 

Three stages of developing and administering 
programs to meet the needs of women and young 
people with disabilities: 

1. Developing disability-and gender-sensitive laws 
and policies; 
2. Program development, implementation, monitoring, 
and evaluation; 
3. Designing facilities 

1) Creating an enabling legislative and policy 
environment 
a. Legal Environment Assessment and Monitoring 
• E.g. Conduct a review of existing laws and regulations in collaboration withwomen and young people with disabilities to identify barriers and resolutions. 
b. Legislative Advocacy and Lobbying 
• E.g. Consult organizations of people with disabilities in reviewing draftlegislation and regulations. 
• E.g. Advocate for non-discrimination laws. 
c. National Policies and Plans 
• E.g. Adopt or Implement a National strategy or Action Plan, with adequatebudget allocation on GBV service access for women and young people withdisabilities. 
• E.g. Collect disaggregated data on disability and gender. 

2) Programme development, 
implementation, and monitoring. 
a. Engagement of Women and Young Persons with Disabilities 
• E.g. Engage people with diverse disabilities in a substantive accessible way. 
b. Capacity Building 
• E.g. Engage both rights holders (PWD) and duty bearers (service provider & 
support staff) 
c. Programme Delivery 
• E.g. Employ twin-track approach. 
• E.g. Strengthen case coordinators. 
d. Available Services 
• E.g. Ensure services are available to WWD and YPWD in isolated settings (i.e. 
institutions; family homes) 

Twin Track Approach 

• 
Evidence demonstrates taking a twin track approach is the most 
effective strategy for ensuring inclusive services. This means 
both: 
1. systematic mainstreaming and 
2. “targeted and monitored action aimed specifically at women 
[and young people] with disabilities”. 
Examples: 
o 
Special Education and Integrated Co-Teaching 
o 
A rape crisis center that is available and accessible to all but has 
programming for women with disabilities including trained counselors and 
support groups for women with disabilities only 

2) Programme development, 
implementation, and monitoring, contd. 
e. Effective Identification of Needs and Referrals 
• E.g. Develop and streamline inter-agency coordination. 
f. Accessible Services/ Accommodations 
• E.g. Offer reasonable accommodations and proactively provide contact to request. 
g. Acceptable Services 
• E.g. Design services that respect a person’s dignity. 
h. Quality Services 
• E.g. Ensure services are of good quality and equal to those offered to others. 
i. Rights Based Services 
• E.g. Implement safe-guards for free & informed consent. 
j. Data Collection and Monitoring 
• E.g. Collect disaggregated data -by gender and disability – to assess programming. 

3) Accessible facilities 
a. Identifying Barriers 
•E.g. Conduct an accessibility audit by hiring people with diverse disabilities to identify barriers. 
b. Physical Accessibility 
•E.g. Ensure both physical access for all components of service delivery that ensures equally 
dignified access. 
•E.g. Ensure quality remote access. 
c. Sensory Accessibility 
•E.g. Have stress and sensory devices available for use. 
d. Information and Communication Accessibility 
•E.g. Braille; large print; audio; digital formats; sign language; captioning; simplified formats 
e. Economic Accessibility 
•E.g. Free, affordable or sliding scale prices. 
•E.g. Flexible hours 

Gender-Based Violence Service 
Provision Chapters 

Ch. 3.3. GBV Prevention Services 

• E.g. Initiatives to Support, Educate, and Provide Respite Care for Families and Caregivers 
Ch. 3.4. Health Services 

• E.g. Documentation of Violence for Medico-Legal Evidence 
Ch. 3.5. Justice and Policing 

• E.g. Trainings for Justice Center Actors 
Ch. 3.6. Social Services—Protection Services 

• E.g. Help Lines 
Ch. 3.7. Social Services—Rehabilitation Services 

• E.g. Appropriate Social Reintegration services (e.g. Help recovering or replacing identity documents) 
Ch. 3.8 . GBV Services for People Living in Institutional Settings 

• E.g. Increased Risk and Barriers 
Ch. 3.9. Access to GBV Services for Adolescents and Youth with Disabilities 

• Require tailored services. 

Justice and Policing Services for GBVVictims/Survivors with Disabilities 

vProtection Order Information and Support; 
vTrainings for Justice Center Actors; 
vSupport for Equal Participation in Criminal 
Investigations & Prosecution; 
vVictim Compensation Funds; 
vRemoval of Guardianship Designations; 
vDivorce Proceedings Support 

Justice and Policing Guidelines for Action 

Availability 

• 
Build the capacity of the legal profession, including attorneys, judges, and clerks, on 
representing and working with victims/survivors of violence. 
• 
Train law enforcement officers and other emergency personnel, such as emergency-line 
operators 
• 
Recruit and maintain a list of trained low-cost legal services providers. 

Justice and Policing Guidelines 
Examples 

Example: The DisAbled Women’s Network (DAWN) and 
Canadian Association of Community Living (CACL) created a 
workshop series for persons with disabilities, family members, 
and services providers entitled ‘Our Right to be Safe! Building 
Safe Communities for People with Disabilities and Deaf 
People’. 

Example: UNICEF has successfully utilized technology to spread 
information and empower young persons using U-Report in Uganda. 
U-Report is a free SMS social monitoring tool designed to engage 
users in issues they care about. For example, one female user reported 
that she used the platform to share her experience of being raped and 
seek support. 



Justice and Policing Guidelines for Action (2) 

Accessibility 

vProvide necessary supports to navigate the justice 
process. 
vDevelop programs to increase the comfort of WWD & 
YPWD during court proceedings, assist 
victims/survivors in giving testimony, and address 
credibility concerns. 
vAdvocate for a comprehensive disability access plan 
for the justice system. 

Example 3 

Example: 
The Sexual Abuse Victim Empowerment (SAVE) 
program at Cape Mental Health in South Africa 
involves a psychological assessment; court 
preparation, comprehensive sexuality education, 
counselling, and support for the victim/survivor and 
their family; a cache of expert witnesses; a referral 
network within the justice and police departments; 
training and awareness-raising among the police and 
prosecutors; and training and ongoing support for 
other stakeholders. 



Justice and Policing Guidelines for Action (3) 

Accessibility, contd. 

vTranslate justice system forms, information material, 
and instructions into accessible formats. 
vEducate justice sector stakeholders about physical 
accessibility adaptations that increase the comfort and 
dignity of WWD & YPWD engaging with the justice 
system. 
vAdvocate for government-funded legal services, fee 
waivers, and cost reductions. 
vDevelop accessible and inclusive know your rights 
programs. 

Example 4 

Example: 
The Illinois Imagines’ SANE Picture Guides are good 
examples of picture guides that can increase access to 
justice. This collection of picture guides was 
developed to assist women with disabilities to better 
understand the sexual assault examination process. 
There are different guides depending on the needs of 
the woman and guides for medical staff and advocates 
to assist a woman with disability. 



Justice and Policing Guidelines for Action (4) 

Acceptability 

vDevelop law and graduate school and continuing 
education programs to increase the capacity and 
representation of persons with disabilities in the justice 
system. 
vWhere sexual violence occurs, particularly where staff 
are responsible, develop programs that support 
prompt and independent investigations to hold 
perpetrators accountable, along with appropriate 
compensation for the victim/survivor 

Example 5 

Example: 
The National Union of Women with Disabilities of 
Uganda’s paralegal program uses well-trained 
paralegals to increase access to justice for women and 
young persons with disabilities. Thirty-two women with 
disabilities were trained about the rights of women 
and girls with disabilities relating to SRHR and GBV. 
These paralegals became community role models, 
offering peer-to-peer support in reporting violations 
and conducting the necessary follow-up to ensure 
justice was achieved and advocating for systemic 
change. 



Justice and Policing Guidelines for Action (5) 

Quality 

vConduct training sessions for members of the justice 
sector—including lawyers, paralegals, law enforcement 
officers, judges, court administrators, correctional 
facility staff on the rights and experiences of people 
with disabilities. Taught in full or in part by people with 
diverse disabilities. 
vImplement regular evaluations of the extent to which 
GBV services promote access to justice for women and 
young persons with disabilities and appraisals of 
access to justice services, like safety audits & court 
monitoring. 

Example 6 

Example: 
Safe Austin in the United States of America 
developed a training and manual that provides 
resources and tools for law enforcement: ‘In My 
Jurisdiction: Responding to Crimes Against People 
with Disabilities, Deaf Individuals, and Older 
Adults.’ 



Question 

• 
What are some good practices you know 
for ensuring services are accessible to and 
inclusive of women and young people with 
disabilities? 

Key Takeaways (1) 

• 
Participation of women and young people with 
disabilities at all stages of program development and 
assessment. 
• 
Inclusive services for people with and without 
disabilities – Twin Track Approach. 
• 
Respect for a person’s legal capacity, informed 
consent, and privacy, along with mechanisms for 
supported decision-making and confidentiality 
safeguards. 

Key Takeaways (2) 

• 
Sufficient funding for accessible services. 
• 
Training and supportive supervision of service 
providers and support staff about the rights and needs 
of women and young people with different types of 
disabilities and how to provide respectful care. 
Incorporate disability issues in curricula for service 
providers and support staff. 
• 
Effective referrals through streamlined inter-agency 
coordination. 
• 
Accessible services (physical, information, 
communication, financial, sensory environment). 

Ensuring Access to Justice for 
Persons with Mental Disability 

A Program Spotlight: Cape Mental Health 

Carol Bosch, Assistant Executive Officer, Cape 
Mental Health 



UNCRPD Article 13 – Access to 
Justice 

vState parties shall ensure effective access to justice 
for persons with disabilities on an equal basis with 
others, including through the provision of 
procedural and age-appropriate accommodations, 
in order to facilitate their effective role as direct and 
indirect participants, including as witnesses, in all 
legal proceedings, including at investigative and 
other preliminary stages 

UNCRPD Article 13 – Access to 
Justice (2) 

vIn order to help to ensure effective access to 
justice for persons with disabilities, State Parties, 
shall promote appropriate training for those working 
in the field of administration of justice, including 
police and prisons staff 

SAVE Programme 

Offers the complainants with mental disability 
the same access to justice as the general 
population in cases of sexual abuse. 



SAVE Role-Players 

Project 
co-ordinator 
Psychologists 
Social workers FCS 
investigators 
NPA/ 
DOJ 

SAVE Process 



SAVE Process (continued) 



How the SAVE programme assists a 
complainant with mental disability 

• Social workers 
• Support complainants and their families 
• Provide court preparation if necessary 

The psychologist report 

Evaluates 

• 
The complainant’s level of intellectual functioning 
• 
Competence as a witness 
• 
Capacity to consent to intercourse 
• 
Emotional effect of the alleged rape 

Testifying as an expert witness 

Expert’s role 

vPrepares the court for the complainant 
vKnowledgeable about the relevance of current 
issues 
vRecommends reasonable accommodation measures 
and use of clarifying questions 

Training of role-players 

Ongoing training of 

vFCS officers 
vOngoing training of prosecutors 
vTraining of court support workers 
vTraining of intermediaries 
vTraining of relevant role-players, 
NGOs 

THANK YOU 


Questions? 

For further questions and 
information, please contact: 

A.Holoboff@WomenEnabled.org 

Link to the Guidelines (PDF) 
Link to join WEI listserve