lack of legislation on violence against people with disabilities case study: romania mara paula...
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Lack of legislation on violence against people with disabilitiesCase study: Romania
Mara Paula Timofe MA candidate Diana Rus PhD candidate
Emanuela Oana Marton-Vasarhelyi MA Răzvan M. Cherecheș MD PhD
Center for Health Policy and Public HealthInstitute for Social Research,Faculty of Political Administrative and Communication Sciences, Babeș-Bolyai University Cluj-Napoca.
Definition of disability
• impairments, activity limitations and participation restrictions.
• the interaction between individuals with a health condition and personal and environmental factors (The International Classification of Functioning, Disability and Health).
What are the risk factors?
• A significant proportion of disabilities are caused by injuries including those which result from traffic crashes, falls, burns, and acts of violence such as child abuse, youth violence, intimate partner violence, and war and conflict (WHO, 2011)
BACKGROUNDGlobally
• Over a billion people, about 15% of the world's population, have some form of disability.• Between 110 million and 190 million people have significant difficulties in functioning (WHO, 2011)
BACKGROUNDNationally
• ≈ 650.000 registered citizens with disabilities
• a greater attention needs to be paid upon them concerning their human rights.
• Hidden Suffering: Romania’s Segregation and Abuse of Infants and Children (2006)
• report on the violation of rights of infants and children with disabilities (Mental Disability Rights International )
SETING• 18-month investigation.• a broad range of serious
human rights violations and atrocious conditions for children with disabilities inside Romanian institutions
• Romania still lacks in proper legislation regarding violence against people with disabilities.• despite of the fact that
Romania is a member state of the European Union
Are disabled people properly protected from violence through national legislation?
NOpreliminary work
Hidden Suffering: Romania’s Segregation and Abuse of Infants and Children
SPECIFICAIMS
• analyze the Romanian laws regarding the rights of people with disabilities as concerning violence
• analyze whether there are any improvements as legislation is regarded in order to prevent such events.
qualitative analysis (content analysis)
data collection (legislation)
comparison of data
Research methods
people with any form of
disability
Study population
qualitative research methods
content analysis upon EU legislation and national
legislation
Study designMETHODOLOGY
Legislation
Romania
Law no. 272/2004 regarding children’s
protection and rights promotion
Law no. 448/2006 regarding the
protection and promotion of the rights
of people with disabilities
European Union
Convention on the Rights of Persons with
Disabilities
RESULTS: CONVENTION on the RIGHTS of PERSONS with DISABILITIES
Article 16 - Freedom from exploitation, violence and abuse1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.
3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.
RESULTS: National legislation
The only reference that is made to this topic is that protection against abuse needs to be ensured, without stating the methods in order to accomplish that
NO
specific law dealing with violence against people with disabilities
DISCUSSION• Lack of legislative measures needs to be solved• become a priority for the
governmental authorities.
• People with disabilities need to have a proper law focused on their rights and the legal framework against violent acts or attitudes.
References:
• Convention on the Rights of Persons with Disabilities, 2006• Decision no. 197/2006• Decision no. 1175/2005 • Disability and Health, WHO Fact sheet N°352, June 2011• Law no. 272/2004 regarding children’s protection and rights promotion• Law no. 448/2006 regarding the protection and promotion of the rights of people with disabilities• World Report on Disabilities, WHO, retrieved at http://whqlibdoc.who.int/publications/2011/9789240685215_eng.pdf• http://www.un.org/disabilities/default.asp?id=150• http://www.equalityhumanrights.com/legal-and-policy/equality-act/• http://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf
