Women with Disability and Domestic and Family Violence: A Guide for Policy and Practice
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People with Disability Australia (PWDA) PO Box 666 Strawberry Hills NSW 2012 Ph: (02) 9370 3100 Email: pwd@pwd.org.au Website: www.pwd.org.au Domestic Violence NSW (DVNSW) PO Box 3311 Redfern NSW 2016 Ph: (02) 9698 9777 Email: admin@dvnsw.org.au Website: www.dvnsw.org.au The information in these documents was prepared as part of a collaboration between People with Disability Australia and Domestic Violence NSW. © PWDA and DVNSW 2021
most recent incident of physical assault by a Part 1: Women with man, fewer than one in three (29 per cent) reported the incident to police (ABS 2021). disability are at high risk of What’s more, the data used in the ABS experiencing domestic and disability and violence report excludes family violence residential care and institutional facilities, such as group homes. It also excludes Women with disability experience participants who need third party assistance significantly higher levels of all forms of with communication. violence, including domestic and family violence (DFV) (Frawley et al 2015, pp5-6). Understanding disability According to a recent Australian Bureau of Statistics (ABS) disability and violence In this guide, we use the term disability within report, women with disability are almost twice the context of the internationally recognised as likely as women without disability to have social model of disability (Kayess & Sands experienced physical or sexual violence by a 2020, pp6-10). Born out of the civil rights cohabiting partner over a 12-month period movement of the 1960s and 70s, the social (2.5 per cent compared with 1.3 per cent) model focuses on the person, not their (ABS 2021). The likelihood of emotional impairment. It describes disability as an abuse by a cohabiting partner is also interaction between people with impairments significantly increased (6.3 per cent and the barriers created by society to their compared with 4.1 per cent) (ABS 2021). full and effective participation on an equal An intellectual or psychological disability puts footing with others. The social model of women further at risk. A woman with an disability is outlined in the UN Convention on intellectual or psychological disability is the Rights of Persons with Disabilities almost three times more likely than a woman (CRPD). with a physical disability to experience Under the social model of disability, equality physical or sexual violence by a cohabiting of access is a shared responsibility. Physical, partner (ABS 2021). She is more than twice attitudinal and communication barriers as likely to experience emotional abuse by a reduce the opportunities afforded to people cohabiting partner (ABS 2021). with impairments, resulting in exclusion While women with disability experience all and/or discrimination. These barriers may the same forms of DFV that other women also exist in DFV services. Ratified by experience, they are at risk of additional Australia in 2008, the CRPD outlines the forms of DFV, including forced sterilisation, obligations your service has to people with seclusion and restrictive practices. Their disability. These include ensuring access to need for disability supports also means they physical locations, information, employment, experience DFV in a range of institutional adequate standards of living, support and service settings, such as in residential services and assistive technologies. institutions and aged care facilities (Frohmader et al 2015, p12). Language used in this guide It is widely accepted that violence against women with disability is significantly under- The terms ‘people with disability’ and ‘women reported. Although three in four (74 per cent) with disability’ are used throughout this women with disability experienced anxiety or manual. However, some people prefer other fear for their personal safety, following their language, such as ‘disabled woman’ or ‘woman with a disability’. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 1
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Part 2: The Intersection of during care giving, sexual activity being demanded or Disability, Gender and DFV expected in return for care, taking advantage of a Gender is not the only factor that affects a physical impairment to woman’s experience of DFV. Disability, class, force sexual activity, and age, geographical location, Aboriginal and control of reproductive Torres Strait Islander identity, culturally and processes (Healey 2013, linguistically diverse (CALD) background, pp39-40). sexuality, and/or gender diversity also intersect to affect how DFV is experienced. ■ Emotional abuse, such as denial of ‘Intersectionality’ is a theoretical term that is disability, threats to withdraw care or now widely used to describe how these services, threats to institutionalise, different factors interact to shape a person’s violation of privacy, neglect, experience. abandonment and deprivation (Healey 2013, p39). ‘Intersectionality’ recognises that women with disability experience unique forms of DFV not ■ Economic abuse, such as theft of experienced by women without disability, due disability-related payments, abuse of to the way gender and disability-based Powers of Attorney and refusal to discrimination intersect (Frohmader & Sands pay for essential medication or 2015, pp16-18). It also recognises that disability-related equipment (Healey women with disability experience DFV in a 2013, p39). broader range of settings and encounter ■ Coercive control that results barriers that are not experienced by women from existing hierarchies between without disability (Frohmader et al 2015, p12; people with disability and people Mitra-Kahn et al 2016, pp26-27). without disability, such as people with disability being led to believe Unique Types of DFV that the abusive behaviours occur in all relationships (Healey 2013, Experienced by Women p44; Maher et al 2018, pp36-40). with Disability DFV commonly includes physical, emotional, Women with disability experience DFV in a sexual and financial abuse. However, women variety of contexts. Settings include large with disability experience forms of abuse, in residential institutions, group homes, respite each of these categories, which are not centres, boarding houses, private homes, and experienced by women without disability. on the street. Some of the unique forms of DFV perpetrated Perpetrators include intimate, cohabiting against women with disability include: partners, family members, formal or paid ■ Physical abuse, such as the carers, informal or unpaid carers, staff in withholding of food, water, residential institutions, other residents in medication or support services, residential institutions, and disability support the use of chemical or physical workers (Healey 2013, pp40-41). restraints, and the destruction or The Crimes (Domestic and Personal withholding of disability-related Violence) Act 2007 (NSW) reflects the equipment (Healey 2013, p38). intersectional experience of violence for ■ Sexual violence, such as women with disability. This is an excellent inappropriate touching legislative model for services and refuges. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 3
Barriers to Assistance for normalise their experiences of violence and oppression (Maher et al 2018, pp36-40). Women with Disability People may respond inappropriately to Survivors may face challenges accessing disclosure of DFV by women with disability. DFV services because community need This is often the result of discrimination often outstrips resources (Equity Economics caused by social myths and stereotypes. 2021). For women with disability, this is Some people hold the misconception that compounded by accessibility issues. The people with disability do not have sexual number of DFV services accessible to people feelings or are incapable of sustaining with disability is poorly documented in relationships. Others believe people with Australia. However, a 2011 UK study found disability to be ‘hypersexual’ or lacking the that 76 per cent of the DFV services ability to control themselves. Such myths surveyed did not comply with the UK shift the blame from the perpetrator to the Disability Discrimination Act (Frawley et al person being abused (Healey 2013, p43). 2015, p13). There is also a perception that women with Other barriers women with disability face in disability are a burden to those supporting accessing DFV services include: them. This discriminatory idea of carer sacrifice means authorities can fail to • They may be socially and/or recognise the abuse of women with disability physically isolated (Dowse et al, by formal and informal supporters. 2013, p54). Women with disability may be reluctant to • They may have difficulty report DFV due to a fear of losing custody of accessing spaces where they can their children. This fear is not unjustified; safely disclose DFV (Dowse et al, women with disability do disproportionately 2013, p46). have children removed from their care • They may not recognise their (Pearce, 2012; Maher et al 2018, p69). experiences as DFV. Community Without accessible crisis accommodation, education may not be available or women with disability may not leave a violent appropriate to them (Healey situation due to a fear of losing support 2013, p44; Dowse, pp46, 55). services or other care provisions. • Information may be actively Women with disability may not have access denied to them by the to alternative supports, even if their current perpetrator, or it may not be support worker or informal carer is abusing available in accessible formats them. This results in unequal power relation- (such as Easy Read, Auslan and ships that can lead to exploitation, neglect braille) (Healey 2013, p47). and abuse (Maher et al 2018, pp43-47). Women with disability may be afraid that Providing women with disability with accessing DFV services will result in them accessible information about DFV may being institutionalised. This is a reasonable increase their ability or willingness to leave fear. Accessible housing is limited. They may abusive situations. not have financial resources to support their Women with disability are frequently not independence and may face discrimination believed upon disclosing their experiences of when applying for rental properties (Healey DFV (Healey 2013, p43), which may make 2013, pp19-21). Forty-five per cent of them less likely to disclose. It can also Australians with disability live in poverty. Mitra-Kahn et al, Oct 2020, p5). WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 4
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Part 3: Access to DFV because they are the experts on their own lives (Frawley et al 2017, p2). Services for Women with Disability Targeted accommodation, Accessibility isn’t just about physical programs and supports modifications, such as wheelchair ramps, or DFV services are not experts in disability and providing Auslan interpreters. meeting some women’s access needs can It also includes: be challenging (Frawley et al 2017, p3). For example, some women’s disabilities are not • how services think about ‘officially’ recognised by disability services or disability (attitudinal factors), government organisations (Frawley et al • how information about services is 2017, p3). The experiences of women with made available (communication psychosocial disability – that is, a disability factors), and arising from a mental health issue – can be particularly complex. These women may not • going beyond the minimum identify as having mental illness and may access requirements set out in consequently be seen as ‘difficult’ service the Commonwealth Disability users. To meet the needs of women with Discrimination Act (1992) disability, DFV services need to provide (Frawley et al 2017, p3). programs and supports that are tailored to their needs. An accessible service is ‘approachable, Whether or not they have a disability, women acceptable, affordable and available’ who have experienced trauma demonstrate a (Levesque et al 2013). Women with disability range of coping strategies, including need to know such services exist and they emotional outbursts, anger, sadness, must feel comfortable accessing them. confusion, withdrawal, increased sensitivity, isolation, or other seemingly erratic Inclusive Policies behaviours. These are normal responses to trauma (including the trauma of experiencing Women with disability may be excluded from DFV) and should be responded to services if the service does not recognise the appropriately. Ensuring staff safety by particular kinds of DFV women with disability excluding these women is inadequate. experience (Frohmader et al 2015, pp15,17). To be inclusive of women with disability, a To develop appropriate and targeted service’s policies should address these forms supports, your service should: of DFV and the ways in which gender and 1. Train your staff to support women disability discrimination intersect. Cross- with disability and/or trauma. This sector collaboration – between DFV and includes vicarious trauma training. disability specialists – is vital in this process (Frawley et al 2017, p4). 2. Develop partnerships with appropriate disability and/or Women with disabilities should also be mental health organisations, at actively included, in the planning and an organisational level, to assist strategic stages of service development, these women. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 6
Addressing Barriers to inclusion so they can confidently refer women with disability to your service. Access for Women with Your website should have an accessible Disability design and should comply with the Web Content Accessibility Guidelines (WCAG). Under the Commonwealth Disability Discrimination Act 1992, it is unlawful to Distribute brochures in places that are discriminate against people on the basis of frequented by women with disability, such as their disability, or perceived disability. disability services, advocacy organisations, Changes must be made to ensure that doctor’s offices, supermarkets, community women with disability are not (intentionally or centres, and accessible bathrooms. unintentionally) discriminated against. Information should be available in braille, This means your service has an obligation to large print, Easy Read, audio and develop inclusive policies, procedures and electronically. Some of these formats are practices, to review them regularly, and to also useful to women from culturally and implement the necessary changes to ensure linguistically diverse (CALD) backgrounds women with disability are not (intentionally or and to women with low literacy. unintentionally) discriminated against. During intake, assess a woman’s Below are some barriers your service accessibility and communication needs. For should address. example, women with intellectual disability may have difficulty remembering large Barrier 1: Inaccessible amounts of information. Be clear and concise. Think about breaking the intake Information and session into stages. Communication Provide information in writing (including in braille, large print and Easy Read), so Information provided by services is not women have a hard copy to refer back to. always accessible, nor communicated Recorded versions of the information could effectively, to women with disability. As a also assist with comprehension and result, women with disability may be unaware retention. of the services available to them. Inacces- sible information and inappropriate Auslan and other interpreters should be communication techniques can also cause made available (the woman should choose problems within refuges, because women her own interpreter). Keep in mind that are unaware of the rules, regulations and cultural/linguistic communities are often quite expectations. small and confidentiality is a complex matter. Recommendations to Barrier 2: Physical address barrier 1: Inaccessibility Highlight the work you have done around Physical access doesn’t just apply to access and inclusion so women with wheelchair users. Women with vision disability know your service is ‘approachable impairment, sensory sensitivity and/or and acceptable’. psychosocial disability also face significant barriers. Inform local disability organisations about the work you have done around access and WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 7
Recommendations to Include women with disability in your governance body. Make inclusiveness part of address barrier 2: your organisation’s strategic plan. Perform an access audit. Consult women Ensure disability awareness training is part of with different disabilities to get a first-hand your induction process. account of the accessibility of your service, Disability awareness training should be and how it can be improved. provided by disability services or by women Minor changes include minimising clutter, with disability. People With Disability providing adequate storage, eliminating trip Australia (PWDA) offers training packages. or slip hazards, ensuring adequate lighting Ensure all staff are involved in the creation of and installing handrails. an Inclusion Action Plan (IAP). Allocate Women with vision impairment often rely on specific tasks or responsibility for a particular memory to navigate buildings. Simple aspect of the plan. designs, clear walkways and set places for Make asking about a reasonable adjustment furniture will help. plan for individual staff members part of their Ensure other women are mindful of the supervision agenda, whether a staff member impact they can have on the physical identifies as having a disability or not. accessibility of your service. For example, Make staff aware of the ways in which care should be taken to place items back in language can reinforce negative stereotypes cupboards, and doors should be left and exclude people with disability. For more consistently close or consistently open. Loud information, see PWA’s inclusive noise should be kept to certain areas, and Language Guide. minimised where possible. Let women with disability know that this Barrier 4: Perceived information has been communicated to the other women who are using the service. Discrimination It may take time for women with disability to Women with disability often perceive DFV adjust to the new environment. Support them services to be unsafe, unapproachable and to gain confidence and independence. inaccessible (Healey 2013, p 47). They fear these services will discriminate against them Barrier 3: Organisational on the basis of their disability. This fear may prevent them from accessing DFV services Attitudes and Experience and increase their risk of homelessness. The attitudes of staff, managers and governance bodies can be a significant Recommendations to barrier to women with disability. Myths and address barrier 4: stereotypes are often deeply entrenched. To demonstrate your anti-discrimination Recommendations to policies, ensure women with disability are represented among your staff. There is little address barrier 3: evidence, to date, of women with disabilities being involved in services beyond their role Hire people with disability, or disability- of client (Frawley et al 2017, p5). specific training since they will address discrimination from within. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 8
Your IAP should implement equal employment measures. This also applies to governance bodies. Advertise jobs in accessible locations and use your networks to ensure women with disability have an equal chance to apply. Women with disability should be included in any promotional pathways that exist within your service. Consider employing a specialist disability worker. This will improve the experience of women with disability who engage with your service. Looking Forward Creating an accessible, approachable service will be a dynamic process. Ensure guidelines are being consistently implemented through your organisation’s strategic plan. (You might want to include an annual audit.) Host regular workshops with women with disability, disability advocacy organisations, and disability services. Regular feedback from women with disability will help to keep track of progress. Keep in mind that you are not the only service making these changes. Share IAPs with similar organisations to develop a community of practice around accessibility. Liaise with your local disability services, especially advocacy organisations, to increase cross- sector collaboration. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 9
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NSW Disability Advocacy Organisations ■ First Persons Disability Network fpdn.org.au ■ Synapse biansw.org.au ■ Central Coast Disability Network ccdn.com.au ■ Disability Advocacy NSW (DA) da.org.au ■ Illawarra Advocacy illawarraadvocacy.org.au ■ Intellectual Disability Rights Service (IDRS) idrs.org.au ■ Multicultural Disability Advocacy Association (MDAA) mdaa.org.au ■ Council for Intellectual Disability cid.org.au ■ Penrith Disabilities Resource Centre pdrc.org.au ■ People With Disability Australia (PWDA) pwd.org.au ■ Physical Disability Council of NSW (PDCN) pdcnsw.org.au ■ Self Advocacy Sydney Inc sasinc.com.au ■ Side By Side Advocacy Inc sidebysideadvocacy.org.au WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 11
Endnotes Frohmader C., Dowse L., Didi A., (2015) ‘Preventing violence against women and girls Australian Bureau of Statistics. (2021). with disabilities: Integrating a human rights ‘Disability and Violence – in Focus: Crime perspective’, Women With Disabilities and Justice Statistics, Australian Bureau of Australia. Retrieved on June 15 from Statistics’. Retrieved May 31, 2021 from https://wwda.org.au/wp- https://www.abs.gov.au/statistics/people/crim content/uploads/2015/04/Think- e-and-justice/focus-crime-and-justice- Piece_WWD.pdf. statistics/april-2021. Frohmader, C., and Sands, T. (2015). Dowse, L., Soldatic, K., Didi, A., Frohmader, ‘Australian Cross Disability Alliance C. and van Toorn, G. (2013). ‘Stop the submission to the Senate inquiry into Violence: Addressing Violence Against violence, abuse and neglect against people Women and Girls with Disabilities in with disability in institutional and residential Australia’. Background Paper. Hovard. settings.’ Sydney, NSW: Australian Cross Women with Disabilities Australia. Retrieved Disability Alliance. Retrieved June 7, 2021 on June 25 2021 from from https://dpoa.org.au/acda-submission- https://wwda.org.au/publication/stop-the- senate-inquiry-violence-abuse-neglect- violence-addressing-violence-against- people-disability-institutional-residential- women-and-girls-with-disabilities-in-australia- settings/. background-paper/. Healey, L. (2013). ‘Voices Against Violence Equity Economics (2021), The Social Sector Paper Two: Current Issues in Understanding in NSW: Capitalising on the Potential for and Responding to Violence against Women Growth, A Report Prepared for the New with Disabilities,’ Women with Disabilities South Wales Council of Social Service, Victoria, Office of the Public Advocate and Sydney. Retrieved on June 30 from Domestic Violence Resource Centre Victoria. http://www.equityeconomics.com.au/socialse Retrieved June 9 from ctorinnsw. https://www.wdv.org.au/our-work/building-the- knowledge/voices-against-violence/. Frawley, P., Dyson, S., Robinson S., Dixon, J. (2015) ‘What does it take? Developing Kayess, R., and Sands, T. (2020). informed and effective tertiary responses to ‘Convention on the Rights of Persons with violence and abuse of women and girls with Disabilities: Shining a light on Social disabilities in Australia’, State of Knowledge Transformation’, UNSW Social Policy Paper. ANROWS. Retrieved on June 8 from Research Centre. Retrieved June 7, 2021 https://www.anrows.org.au/publication/whatev from UNSW website er-it-takes-access-for-women-with- https://www.arts.unsw.edu.au/sprc/our- disabilities-to-domestic-and-family-violence- projects/convention-rights-persons- services-final-report/. disabilities. Frawley, P., Dyson, S., Robinson S. (2017) Levesque, JF., Harris, M.F., Russell, G. ‘Whatever it takes: Access for women with (2013) ‘Patient-centred access to health care: disabilities to domestic and family violence conceptualising access at the interface of services: Key findings and future directions.’ health systems and populations’, International ANROWS. Retrieved on June 10 from Journal for Equity in Health 12, 18. Retrieved https://www.anrows.org.au/publication/whatev on June 11 2021 from er-it-takes-access-for-women-with- https://equityhealthj.biomedcentral.com/article disabilities-to-domestic-and-family-violence- s/10.1186/1475-9276-12-18. services-final-report/. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 12
Maher, J. M., Spivakovsky, C., McCulloch, J., McGowan, J., Beavis, K., Lea, M., Sands, T. (2018). ‘Women, disability and violence: Barriers to accessing justice: Final report’, ANROWS. Retrieved June 3 2021 from https://www.anrows.org.au/publication/wome n-disability-and-violence-barriers-to- accessing-justice-final-report/. Mitra-Kahn T., Frohmader, C. (October, 2020). ‘Answers to questions on notice.’, House Standing Committee on Social Policy and Legal Affairs inquiry into family, domestic and sexual violence, Women with Disabilities Australia (WWDA). Mitra-Kahn, T., Newbigin, C., & Hardefeldt, S. (2016). ‘Invisible women, invisible violence: Understanding and improving data on the experiences of domestic and family violence and sexual assault for diverse groups of women: State of Knowledge Paper’, ANROWS Landscapes, DD01/2016. Retrieved on June 15 from https://www.anrows.org.au/publication/invisibl e-women-invisible-violence-understanding- and-improving-data-on-the-experiences-of- domestic-and-family-violence-and-sexual- assault-for-diverse-groups-of-women-state- of-knowledge-paper/. Pearce, C. (2012). ‘Disability no bar to good parenting.’ SMH. Retrieved on June 10 from https://www.smh.com.au/politics/federal/disab ility-no-bar-to-good-parenting-20121214- 2bf75.html. WOMEN WITH DISABILITY AND DOMESTIC AND FAMILY VIOLENCE: A GUIDE FOR POLICY AND PRACTICE 13
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