By Chris Agbo
Persons with disabilities(PWDs) by the virtue of their disability are easy prey to violence and intimidation. Among persons with disabilities, women with disabilities are three times more likely to encounter gender based violence.
They experience higher level of sexual abuse, domestic violence usually from male partners or relatives.
Women with disabilities(WWDs) face several challenges, for the virtue of being a woman, a person with disability and among the poorest of the poor because ordinarily the persons with disabilities are the poorest of the poor in our society. It is always easier for them to be raped and the perpetrators escape being punished.
Even though National Law frown at these act of violence, WWDs face barriers to accessing Courts, Police Stations, Social Welfare Offices where they can seeking Justice against the perpetrators and for this reason and also the attitude of the law enforcement personnels to these WWDs when they are seeking Justice, the perpetrators escape being punished. For instance, if a deaf woman is raped, it will be a tough challenge for her to narrate her story because, the law enforcement officers may not understand her and even when they do, often times, they may not believe her.
When WWDs report violence cases against them, the officers use comments like “you are not happy he married you”, “you are not happy somebody even found you attractive to touch you”. These comments discourage WWDs to report violence cases against them.
Couple with inaccessibility of most buildings where we have our police stations, courts and social welfare services.
Again, most of them are dwelling in abject poverty, they can’t afford what to eat and they have been highly degraded in life by their partners and relatives so they no longer have choices. Even when they are violated, they do not have money to go to where they can report the incident.
Many of them especially the women and girls due to discrimination, they don’t have the opportunity of acquiring education, so they are not aware that they are being violated. In some cases, their partners or relatives hide them in the house. No opportunity to mix up and get information about themselves and their society.
Discrimination against persons with disabilities (Prohibition) Act 2018 (section 1, subsection 1. A person with disability shall not be discriminated against on the ground of his Disability by any person or institution in any manner or circumstance and subsection 2. A person who contravenes subsection 1 commits an offence and is liable on conviction to, if the person is: (a) a corporate body, a fine of 1m naira and an individual, a fine of 100,000 naira or six months imprisonment or both and subsection 3. Notwithstanding the prosecution, conviction or otherwise of any person for any offence under this act, the person against whom the crime or wrong is committed may maintain a civil action against the person committing the offence or causing the injury, without prejudice to any conviction or acquittal).
An act of violence against persons with disabilities amounts to discrimination against the persons with disabilities because what informs violence against persons with disabilities emanates from intimidation and discrimination.
Therefore , NIgeria Disability Act can be applied in this context to punish anybody who perpetuate act of violence against PWDs.
Violence against Persons (Prohibition ) Act 2015 ( VAPP Act) can also be used by all persons with disabilities to seek and secure justice for acts of violence against them.
We need to end the scourage of violence against persons with disabilities by addressing the social stigma and isolation, law enforcement or judicial system should be made accessible for PWDs. PWDs should have adequate access to the legal system. The law enforcement community capacity should be enhanced to respond appropriately to reports of violence against people with disabilities, for improved reporting and prosecution.
Government need to be held accountable to ensure that cases of violence against PWDs is taking seriously, given speedy and appropriate prosecution. If the perpetrators of the act are not prosecuted, PWDs are still at greater risk of being prey for violence and abuse, perpetrators will continue carrying out these acts with impunity if nobody is punished.
CSOs and relevant government agencies should increase their advocacy on the violence and abuse against persons with disabilities particularly women and girls. PWDs especially women and girls capacity should be built for them to understand their rights and seek justice whenever their rights are violated. The violence and abuse of persons with disabilities are at alarming rate because 8 out of 10 WWDs suffers sexual abuse and domestic violence.
An article written by Comrade Chris Agbo to draw the attention of the relevant stakeholders towards the violence against persons with disabilities especially women and girls with disabilities.
