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A Quick Study and Rapid Assessment on the

Conditions Faced by Women and Girls With


Disability In the Context of Gender Equality and
Women Empowerment
A study commissioned by the Australian Agency for International Development, as part of the World
Bank 2012 Philippines’ Country Gender Assessment

Final Report

Jerome Zayas
Jocelyn Rosemarie Cris Garcia
Maria Criselda Bisda

May 22, 2013


1. Background of the Study

1.1. Introduction

Results of the 2010 Census of Population and Housing show a disability prevalence rate of
1.57% or for a total of 1,443,000 persons with disability (PWD).12 Of the total PWD in 2010,
males accounted for 50.9 percent while females comprised 49.1 percent.3 With this
distribution, there are about 708,513 women with disability in the Philippines in 2010. But
typically, there is under-reporting on disability prevalence especially from censuses in
developing countries, which yields on the average 1%-3% prevalence rates.4 Censuses are
only able to pick up those with the most severe disabilities.5 Other factors attributed to low
reporting in censuses are stigmatization of disability, varied understanding of disability
conditions, cultural standards of what is considered as “normal” functioning, and the inherent
difficulties when asking about diagnosable conditions to those who may not know what their
diagnosis are.6

Studies show that women with disability are at increased risk for emotional, physical, and
sexual abuse, which is compounded by the social context of disability, including pervasive
discrimination and stereotyping by society.7 Women with disability become more
disadvantaged because of the combined discrimination based on disability and gender.
Women with disability for that matter experience double discrimination or double denial of
their rights.8 There are various reasons for discrimination, ranging from laws on women (i.e.
against rape, violence, sexual abuse, trafficking, and others) that do not equally benefit
women with disability, to lack of information and services for women with disability, and to
a generally low awareness on issues affecting women with disability and their rights,
including among women with disability themselves.9

1
2010 Census of Population and Housing, Reference Number 2013-05, Date Released, January 10, 2013. National Statistics
Office.
2
In the NSO report, disability  refers to any restriction or lack of ability (resulting from an impairment) to perform an
activity in the manner or within the range considered normal for a human being.  Impairments associated with disabilities
may be physical, mental, or sensory motor impairment such as partial or total blindness, low vision, partial or total
deafness, oral defect, having only one hand/no hands, one leg/no legs, mild or severe cerebral palsy, retarded, mentally ill,
mental retardation and multiple impairment.
3
Ibid.
4
Mont (2007). Measuring Disability Prevalence. Disability and Development Team. The World Bank.
5
Ibid.
6
Ibid.
7
Curry, Mary Ann, Dena Hassouneh-Phillips, and Anne Johnston-Silverberg. “Abuse of Women with Disabilities: An
Ecological Model and Review.” Violence Against Women (SAGE Journals Online) 7.1 (2001): 60-79
8
Quoted from Ms. Carmen Zubiaga during the International Day of Disability Celebration in November 2011 (see Annex A,
item 6 of the documentation report)
9
See Annex B, Joint submission on the Philippines by the Philippine Coalition on the CRPD & IDA
Human Rights Committee, 106th session (15 October - 2 November 2012) and highlights of Interviews with Ms. Joy Garcia,
President, Women with Disabilities Leap Social and Economic Progress, and Ms. Carmen Zubiaga, Executive Director of the
National Council on Disability Affairs (NCDA), conducted on April 1, 2013.
This study provides a brief overview of the evidence base with respect to the conditions
faced by women and girls with disability in the Philippines by surfacing information and
issues in terms of endowment, agency, and economic opportunity.10 It contains summaries of
recent documentation of experiences by women and girls with disability and a synthesis of
reports by relevant government agencies pertaining to women and girls with disability. It also
contains a set of initial policy and action recommendations to close the gaps in endowment,
agency, and economic opportunity.

1.2. Objectives of the Study

The objectives of the quick study and rapid assessment are as follows:

1. Surfacing issues affecting women and girls with disability in the context of current
policies and laws on PWDs and gender equality and women empowerment- specifically
highlighting:

 How national gender laws and policies affect progress and the lack of progress in
closing gender gaps in terms of endowment, agency, and access to economic
opportunity for women and girls with disability?

2. Surfacing issues affecting government agencies and civil society organisations (CSOs)
and non-government organisations (NGOs) working with PWDs in implementing
programmes and projects for women and girls with disability in the context of gender
equality and women empowerment- specifically highlighting:

 How government agencies and gender machineries (gender focal points) as well as
CSOs and NGOs contribute to progress or impede progress in closing gender gaps in
terms of endowment, agency, and access to economic opportunity for women and
girls with disability?

3. Surface information on how informal structures such as traditions, cultural practices and
beliefs are affected by the policies and laws as well as by the gender actions implemented
by government and non-government organizations- specifically:

10
Definitions of endowment, agency, and economic opportunity were lifted from the Concept Note and Terms of
Reference for the Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls with Disability in the
Context of Gender Equality and Empowerment. Endowments are defined here as human capital and other productive
assets that allow individuals to live healthy and productive lives. To analyse gender equality in endowments, the discussion
focuses on education and health as well as other productive assets, such as land. Agency is defined the ability of women
and men to express themselves (exercise voice) in accordance with their preferences and to take actions on their own
behalf (to influence their surroundings). Since people exercise agency in all aspects of life, the report focuses on multiple
dimensions: agency within a household and in several aspects of the public domain, including civil society, the private
sector, and politics. The report also focuses on safety and security as a dimension of agency, defining violence against
women as the extreme deprivation of agency. Economic opportunity pertains to an individual’s ability to fully and freely
participate in and receive returns from their work in the economy. The report focuses on a range of economic indicators,
including labour force participation, earnings, and employment segmentation, whether in the labour market or in own-run
enterprises.
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 3
of Gender Equality and Women Empowerment
 How traditional norms and beliefs associated with women and girls with disability are
affected by the changes brought about by policies and gender actions?

1.3. Scope and Limitations of the Study

This thematic paper contains summaries of evidences on the situation of women and girls
with disability and persons with disability (PWD).11 It also includes a preliminary analysis
and recommendations on:

 Policies and laws for women and girls with disabilities and PWD – stated on the basis of
how the policies should be enhanced to contribute in closing gender gaps in endowment,
agency and economic opportunity;

 Enhancing the implementation of programmes and projects for women and girls with
disability on the basis of how current gender equality and women empowerment (GEWE)
programmes and projects can be further maximized in closing gender gaps in
endowment, agency and economic opportunity;

 Actions to take in responding to traditional norms and beliefs associated with women and
girls with disability, how these informal structures can be changed or enhanced to
contribute in closing gender gaps in endowment, agency and economic opportunity;

 Evidences to support the analysis and recommendations.

This final report incorporates the results of the focus group discussion (FGD) of relevant
stakeholders held on May 20, 2013 at the National Council on Disability Affairs (see Annex
D for minutes of FGD). This paper is also limited by the availability of reports and other
documentation that were made available for the duration of this study.12

11
Evidences are limited to the results of relevant workshops, consultations, interviews, and recent documentation that
were considered in this study to establish the conditions of women with disability in the Philippines. See Annexes section
for reference of the evidences cited in this paper.
12
Duration for the development of the draft report is from March 15, 2013 to April 1, 2013. The report was finalized after
presenting and validating the initial findings and recommendations to the stakeholders during the May 20, 2013 FGD at the
NCDA.
2. Methodology

2.1. Analytical Framework and Approach

The study utilised the Country Gender Assessment Framework, found in figure 1, with a
particular focus on surfacing issues and information on women and girls with disability.

Women and Girls with Disability

Figure 1. Analytical Approach for the Quick Study (Adapted from the Country Gender Assessment Framework, World
Bank, 2012)

Use of this framework is in line with the aims of the Country Gender Assessment for the
Philippines to clarify empirically the relationship between gender equality and development
and outlines an agenda for public action to further promote gender equality.13

The existing situation and gaps with respect to policies are covered mainly in the reviews of
the Magna Carta of Persons with Disabilities (Republic Act 7277 as further amended by
Republic Act 9442) and the Magna Carta of Women (Republic Act 9710). Other policies
taken into account were those found in the study Realization of Reproductive Rights and
Protection from Violence for Women and Girls with Disabilities where a comprehensive set
of gender and disability laws were reviewed using both the gender and disability lens14 Other
relevant literature that were reviewed were reports by national government agencies and a
select number of non-government organizations to provide an indication of programs and
projects and understand how policies get implemented including the barriers to and gaps in

13
Taken from the Concept Note/Terms of Reference for the Quick Study and Rapid Assessment
14
Study was completed in February 2012 and was supported by the United Nations Population Fund
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 5
of Gender Equality and Women Empowerment
implementation. The reviews of policies, programmes, and projects are then brought together
in terms of analysing how they affect traditional norms and beliefs associated with women
and girls with disability.

2.2. Methodology

To address the objectives of the study, the following methodologies were used to surface the
issues affecting women and girls with disability:

Document Review Review of the Magna Carta of Persons with Disabilities (Republic Act
7277 as further amended by Republic Act 9442) and the Magna Carta of
Women (Republic Act 9710), inter-agency reports on gender by relevant
national government agencies, and reports from non-government
organisations as cited from other similar studies. 15

Review of the results of the WOW-LEAP national forum on Gender


Inclusion in Development held in November 2011 (see Annex A), and the
Women with Disability Regional Consultation on United Nations
Convention on the Rights of Persons with Disabilities (UNCRPD) held in
January-February 2013 (see Annex C)

Review of the recent Joint submission on the Philippines by the


Philippine Coalition on the CRPD & International Disability Alliance
Human Rights Committee, 106th session, 15 October - 2 November 2012
(see Annex B)

Key Informant Ms. Joy Garcia, President of Women with Disabilities Leap Economic and
Interviews Social Progress (WOW-LEAP) and Ms. Carmen Zubiaga, Executive
Director of the National Council on Disability Affairs, provided insights on
the conditions of women and girls with disability in the context of gender
equality and women empowerment. Both are regarded in the disability
sector as the foremost advocates on women with disability issues.

Focus Group A focus group discussion was conducted at the National Council on
Discussion16 Disability Affairs covering about eleven (11) organizations and agencies.

15
Referring mainly to the study on the Realization of Reproductive Rights and Protection from Violence for Women and
Girls with Disabilities in the Philippines done by the PWDs Advocating for Rights and Empowerment and supported by the
United Nations Population Fund (UNFPA)
16
See Annex D for minutes of the FGD
3. Findings
This section is divided into three main parts: policies, programmes and projects, and effects
on traditional norms and beliefs. The first part, policies, discusses the Magna Carta on
Women and the Magna Carta on Persons with Disability in terms of how they address issues
of women and girls with disability in their provisions. The second part, programmes and
projects, reviews how government agencies and non-government organisations/civil society
organisations serve the needs of women and girls with disability as claimholders and as
clients of their respective programmes and projects. The third part, effects on traditional
norms and beliefs, sums up existing viewpoints of women and girls with disability on the
effects of the aforementioned policies, programmes, and projects on traditional notions about
them.

3.1. Policies

3.1.1. Magna Carta on Women

It is observed that most of the provisions of the Magna Carta on Women pertain to defining
what “disability” is and in including persons with disability and women with disability as
target beneficiaries and/or partners of programmes. Three sections are observed as including
women with disability specifically in their provisions: Protection from Violence (Section 12);
Equal Access and Elimination of Discrimination in Education, Scholarships and Training
(Section 16); and, Social Protection (Section 30). In general, when it comes to women with
disability, the Magna Carta on Women is “welfare in nature and does not address the core
development issues affecting women with disability.”17A further dissection of the provisions
in terms of endowment, agency, and economic opportunity is as follows:

Endowment
While there is a provision on Women’s Right to Health under Section 17, there is no clear
articulation that women with disability in particular are entitled to enjoy such right to health,
or that considerations were made to meet their unique needs for health information and
services. Section 24, Right to Education and Training, on the other hand, touches on skills
training for women migrant workers, gender-sensitive training and seminars, and equal
opportunities for scholarship but does not articulate how women and girls with disability can
be provided equal access to education. It can be noted that there are about 2 million children
with disability who are not in school and are left unserved by the Department of Education.18
17
Excerpted from the interview with Ms. Carmen Zubiaga, Executive Director of the National Council on Disability Affairs,
held on April 1, 2013
18
See Terms of Reference for developing an Inclusive Education Demonstration Activity for the Philippines’ Response to
Indigenous Peoples’ and Muslim Education Program, 2012. The Department of Education (DepEd) uses the World Health
Organization (WHO) estimate of 10% disability prevalence rate when projecting the number of children with disabilities
that it intends to serve. If computed with the approximately 21 million school age children (5-14 year old cohort), 10% of
this population cohort corresponds to 2.1 million boys and girls with disabilities who should be studying.

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 7
of Gender Equality and Women Empowerment
Agency
Section 12 of the Magna Carta on Women clearly states that women with disability should be
protected from violence19 However, it is not clear how this policy is implemented or whether
its implications are understood by government agencies and even by women with disability
themselves. The reports by the Inter-Agency Council on Violence Against Women and their
Children (IAC-VAWC) do not show whether the needs of women and girls with disability
are being addressed.20 In the report submitted by the Philippine Coalition on the Convention
on the Rights of Persons with Disability (CRPD) and the International Disability Alliance
(IDA), incidences of violence against women with disability are persistent but
underreported.21

Section 25, Right to Representation and Participation, provides the impetus for women in
general to express themselves in governance processes but fails to recognize the barriers
faced by women with disability that prevent them from participating. There is systemic lack
of awareness across government agencies on the issues affecting women with disability that
is combined with a similar lack of awareness among women and girls with disability
themselves on what their rights are.22

Economic Opportunity
Section 22, Right to Decent Work and Section 23, Right to Livelihood, Credit, Capital, and
Technology provide the policy framework to offer women with disability access to economic
opportunities to be productive. However, as with most provisions of the Magna Carta on
Women, they do not clearly articulate how these apply to women with disability and does not
take into account the unique circumstances faced by women with disability for them to be
able to enjoy this right.

3.1.2. Magna Carta for Disabled Persons

The Magna Carta for Disabled Persons (Republic Act 7277) and its Amendment (Republic
Act 9442), which provide the legal framework for the promotion of the rights of persons with
disability in the Philippines, has no mention of women and girls all throughout its provisions.
It implies the absence of a gender lens when these laws were drafted and eventually enacted.
Unlike the Magna Carta of Women, which takes from the UN Convention on the Rights of
19
Relevant provisions are as follows: Section 12. Protection from Violence, (B), (3) In the provision of relief
supplies, due consideration shall be given to the specific requirements of pregnant women, lactating mothers,
sick people, senior citizens, persons with disabilities, and children; Section 12. Protection from Violence, (B),
Pregnant and lactating women, women and mothers with dependent children, women with disabilities who are
arrested, detained or interned for reasons related to armed conflict shall have their cases considered with
utmost priority and humanitarian consideration; Section 12. Protection from Violence, (D), (1), (f) Address other
forms of abuse committed against women, especially senior citizens, women with disabilities, and other
marginalized groups;
20
Lifted from the findings of the Qualitative Study on the Realization of Reproductive Rights and Protection from Violence
for Women and Girls with Disabilities in the Philippines, 2012. According to the PWC, this reporting is only limited to RA
9262 and the source of data are the agencies – PCW only collects and consolidates data collected.
21
See Annex B
22
See highlights of interview with Ms. Joy Garcia and Ms. Carmen Zubiaga on April 1, 2013
Persons with Disabilities (UN-CRPD) in addition to keeping with the principles of the
Convention on the Elimination of All Forms of Discrimination Against Women, the Magna
Carta for Disabled Persons did not refer to the UN-CRPD. This is due to the fact that the UN-
CRPD, which was adopted by the UN General Assembly in 2006, has only been ratified by
the Philippines in 2008. In comparison, the Magna Carta for Disabled Persons was passed
much earlier, in 1997, and its Amendment in 2006.23 Another amendment may be warranted
to bring the Magna Carta for Disabled Persons in tune with the provisions of the more recent
UN-CRPD.

A further discussion on the Magna Carta for Disabled Persons in terms of endowment,
agency, and economic opportunity is presented as follows:

Endowment
In the Magna Carta for Disabled Persons, there are whole chapters on health and education
with specific sections that outline the obligations of the State to persons with disability. 24
However, as with the Magna Carta on Women being seemingly blind to a particular segment
of the women’s sector – women and girls with disability, the Magna Carta for Disabled
Persons also fails to appropriately articulate how women and girls with disability should be
claiming their rights to health and education. This absence of gender considerations is not
only true for the Magna Carta for Disabled Persons, but on all relevant laws on disability
where women and girls are nowhere mentioned.25 In the recently passed (but suspended)
Responsible Parenthood and Reproductive Health Act of 2012, there is a section that
supposedly addresses the barriers to reproductive health services but again fails to recognize
that men and women with disability have different needs.26

Agency
In the same manner that the Magna Carta for Disabled Persons is gender blind when it comes
to health and education, the provisions that promote the exercise of free expression are
likewise gender blind.27
23
Lifted from the findings of the Qualitative Study on the Realization of Reproductive Rights and Protection from Violence
for Women and Girls with Disabilities in the Philippines, 2012
24
Specific sections on health include the institutionalisation of a national health program on the prevention and early
diagnosis of disability, including rehabilitation. Specific sections on education include providing access to quality education
including special education, vocational or other training programs, non-formal education, and tertiary education.
25
Relevant disability laws reviewed are the Vocational Rehabilitation Act or Republic Act 1179, the Act to Promote the
Education of the Blind in the Philippines or Republic Act 3562, and the Act Establishing an Institutional Mechanism to
Ensure the Implementation of Programs and Services for Persons with Disabilities in every Province, City and Municipality
or Republic Act 10070.
26
Section 18. Sexual and Reproductive Health Programs for Persons with Disabilities (PWDs). – The cities and municipalities
shall endeavor that barriers to reproductive health services for PWDs are obliterated by the following:
(a) Providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places where public
health education is provided, contraceptives are sold or distributed or other places where reproductive health services are
provided;
(b) Adapting examination tables and other laboratory procedures to the needs and conditions of PWDs;
(c) Increasing access to information and communication materials on sexual and reproductive health in braille, large print,
simple language, sign language and pictures;
(d) Providing continuing education and inclusion of rights of PWDs among health care providers; and
(e) Undertaking activities to raise awareness and address misconceptions among the general public on the stigma and their
lack of knowledge on the sexual and reproductive health needs and rights of PWDs.
27
This includes Chapter 7, Political and Civil Rights, and Title 3, Prohibition on Discrimination Against Disabled Persons.
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 9
of Gender Equality and Women Empowerment
Economic Opportunity
There is a distinct provision on employment in the Magna Carta that promotes equal
opportunity for employment, sheltered employment, apprenticeship, and others, and provides
incentives for employers but these provisions again miss out articulating considerations for
women with disability in their sections.28 Executive Order No. 417, Directing the
Implementation of the Economic Independence Program For Persons With Disabilities
(PWDs) provides the basic provisions to support the economic empowerment of persons with
disability including access to credit and capital but evidence on access by women with
disability to credit is absent. Women with disability reportedly are only able to access credit
from microfinance institutions that are run by and for persons with disability.29

3.2. Programmes and Projects by Government (Gender Focal Point)


and Non-Government Organisations/Civil Society Organisations
In general, beyond hosting one-time events to celebrate specific occasions such as women’s
with disability month, international day of disability, and other related events, government
agencies have very little to show in terms of programmes and projects for women and girls
with disability.30 Reports from government agencies indicate serving women and persons
with disability in general – no reports are found that indicate serving women and girls with
disability in particular. Various insights are provided by women with disability explaining
how they are accessing programs and projects by the government and non-government
organisations/civil society organisations, as follows:

Endowment
When it comes to health, there is a prevailing lack of attention to the needs of women with
disability that are manifest in the inaccessibility of health facilities, lack of information on
health services for women with disability including a lack of information in accessible format
(i.e. Braille, large print, simple language, and the availability of sign language interpreters),
and the lack of awareness, knowledge, and skills of health providers to health conditions of
women with disability that are resulting to their negative attitudes to persons with disability
in general.31 The existing attitude in the health sector is that the health needs of women and
girls with disability are being served in the over-all programs and services for the “general or
normal population.”32 In the education sector, there are recent attempts to be both gender and
28
The provision on employment on the Magna Carta for Disabled Persons is found in Chapter 1, Sections 1 to 11.
29
From highlights of meeting with Ms. Joy Garcia, President, WOW LEAP, April 1, 2013
30
There is however an emerging practice within the Department of Education through the Philippines Response to
Indigenous Peoples’ and Muslim Education (PRIME) Program where a strategy to address both gender and disability as
cross-cutting concerns have been put in place
31
See Annex C – Situation of Women with Disability by Ms. Jocelyn C. Garcia, President WOWLEAP, form the Women with
Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD),
Bayview Hotel, Manila, January 31 - February 1, 2013
32
Excerpted from an interview with the GAD-VAWC Focal Person of the Department of Health from the Qualitative Study
on the Realization of Reproductive Rights and Protection from Violence for Women and Girls with Disabilities in the
Philippines, 2012
disability sensitive and responsive through the Gender, Poverty and Disability Awareness
(GPIDA) strategy of the Philippines’ Response to Indigenous Peoples and Muslim Education
(PRIME) program of the Department of Education.33 However, it remains to be seen how the
GPIDA strategy is being operationalised across PRIME activities.

Agency
Women with disability in general have low awareness on their rights as women, and as
persons with disability. This is especially apparent in the rural communities where women
with disability are traditionally “timid and afraid to exercise aggressiveness.”34 This low
awareness is resulting to a non-exercise of their rights, further exacerbated by some families
that are over-protective to the extent of preventing them from participating in activities of
mainstream society.35 Oftentimes, the lack of awareness and the non-exercise of their rights
have also resulted to incidences of abuse (including sexual abuse) even by their own family
members.36

However, women with disability leaders are now slowly asserting themselves by influencing
local governments to support training and capacity programs37 Concrete experiences are
being reported, in terms of how the annual investment planning at barangay level has been
influenced by local women with disability organizations.38 But this emerging effort of
exercising free expression by women with disability are being met with skepticism by
mainstream women organisations who find women with disability leaders advocating for
their rights as “parochial”39

Economic Opportunity
The benefits from the recent phenomenon of a booming business process outsourcing (BPO)
in the Philippines have trickled down to persons with disability being hired in the BPO
industry. However, this has posed several problems for women with disability in terms of
their reluctance to graveyard shifts because of security concerns, inaccessible workplace, and
the inaccessible transportation system that are preventing them to fully participate in the BPO
workforce.40 41 When there are opportunities available for productive work activities, the
33
The author of this paper formerly served as the National Disability Advisor of PRIME. The main goal of PRIME is to
improve equitable access to and quality of basic education for boys and girls in disadvantaged IP and Muslim communities.
It has adopted the GPIDA strategy in its programming.
34
Excerpted from interview with Ms. Joy Garcia, President of WOW LEAP, held on April 1, 2013
35
Ms. Joy Garcia reports that typically women and girls with disability have no voice or say when it comes to relationship,
courtship, marriage, education, and that they are being told to stay at home. She further reports of an incident where a 45
year old woman with disability never had the chance to go out of their house for the last 45 years of her life until after they
were able to visit her as part of the outreach program that Tahanang Walang Hagdan was conducting in one of their target
areas.
36
See Annex B, Joint submission on the Philippines by the Philippine Coalition on the CRPD & IDA Human Rights
Committee, 106th session (15 October - 2 November 2012), for reports on abuse particularly for deaf women
37
See highlights of interview with Ms. Joy Garcia and Ms. Carmen Zubiaga on April 1, 2013
38
See Annex C – Understanding the context of Situational Analysis by Ms. Ana Fe Maravillas, from the Women with
Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD),
Bayview Hotel, Manila, January 31 - February 1, 2013
39
Excerpted from interview with Ms. Carmen Zubiaga, April 1, 2013
40
See highlights of interview with Ms. Joy Garcia held on April 1, 2013
41
See Annex C – Situation of Women with Disability by Ms. Jocelyn C. Garcia, President WOWLEAP, from the Women with
Disability Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD),
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 1
of Gender Equality and Women Empowerment 1
typical source of livelihood for them is the “sari-sari” store and other backyard industries
such as hog raising, true for those who have access to capital coming mostly from family
members.42 Interestingly, women with disability who are able to access credit facilities from
micro-finance institutions that serve persons with disability have reportedly good track
records in terms of paying back their loans compared to women and men without disability.43
This is mainly because these women are careful in terms of maintaining a good credit
standing to enable them to renew access to credit that is very hard to come by for women
with disability.44

3.3. Effects on Traditional Norms and Beliefs

The stereotypical woman with disability is one who stays at home, is not allowed to have
relationships, is not allowed to marry, is not allowed to get an education, and essentially play
highly dependent and reproductive roles.45 She is disempowered and has no voice in the
household and in the community. This situation makes a woman with disability vulnerable to
abuse, discrimination, and exclusion. The policies, programmes, and projects by government
have done very little to change this traditional notion, especially for poor women with
disability in the rural areas who have much less access to information and services.
Reportedly, it is the effort by women with disability organizations, or by Disabled Peoples
Organisations (DPO) that are headed by women with disability or who have strong women
with disability representation in leadership positions, that are making the difference in terms
of influencing the traditional notions based on disempowerment. For instance, providing
access to credit for women with disability to put up small businesses is opening up
opportunities for women with disability to have viable livelihood options. It is also mainly
through peer support, i.e. women with disability working with and supporting one another,
that is slowly breaking the barriers in terms of the lack of information on their rights as
women and as persons with disability.46 In an interview with a woman with disability on how
she became convinced to pursue completing her education when she dropped out and gave up
several times, what turned the tide was when she started joining discussions with a group of
women with disability that eventually inspired her to finish her studies.47

Bayview Hotel, Manila, January 31 - February 1, 2013


42
See Annex C - Situation of Women With Disability by Ms. Jocelyn C. Garcia, President WOWLEAP Women with Disability
VISMIN Regional Consultation on United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Cebu
City, February 10-11, 2013
43
From highlights of interview with Ms. Joy Garcia, President, WOW LEAP
44
Ibid.
45
Ibid.
46
Ibid.
47
Ibid.
4. Recommendations
There is a systemic lack of awareness and understanding across all government agencies on
the issues and conditions affecting women and girls with disability. The tendency is to lump
issues together and treat the issues of women with disability as being part of the broader
women’s issues and persons with disability issues. Even among mainstream women’s
organisations and organisations of persons with disability, they are largely unaware of the
issues faced by women and girls with disability despite having women and girls with
disability as an integral part of the women and persons with disability sector. While the
mainstream women’s movement in the Philippines is recognized for addressing women’s
concerns in general, it has failed to adequately address the issues and concerns of women and
girls with disabilities in particular.48 The same is true of DPOs in the Philippines who are
slowly but significantly advancing the promotion of disability rights especially with the
ratification of the UN CRPD, but are still yet to fully take up the rights of women with
disability.49 It could be due to the fact that disability is a complex issue that is difficult to
address, since it has multi-dimensional elements made more complex by the addition of the
issue of gender.50

Some initial thoughts are posited herein in order to address the gaps that were identified in
this study. The main policy recommendation is the amendment of the Magna Carta for
Disabled Persons in order to align its provisions with the UN-CRPD. The language and the
provisions in the Magna Carta for Disabled Persons should be consistent with the UN CRPD
since the Philippine Government has formally adopted the UN CRPD in 2008. The process
for amendment can be initiated through the Sub-Committee on Policy and Legislation of the
NCDA.

In terms of actions moving forward to address the main gap on the systemic lack of
awareness and understanding on the issues of women and girls with disability, the following
actions are recommended:

 Activate the Gender and Development Committee within the National Council on
Disability Affairs (NCDA) including supporting this committee with the capacity to
fully understand gender and disability issues to be able to be the lead focal point
across all government agencies when it comes to women with disability issues.51

 Advocate for a strong representation of women with disability in the governing board
of the Philippine Commission of Women (PCW) in order to raise awareness within
the leadership structure of the PCW to start influencing the mainstream women’s
48
Foundation for International Training. “Identifying Disability Issues Related to Poverty Reduction, Philippines Country
Study.” Asian Development Bank, 2002.
49
Efforts by the DPOs on promoting the rights of women with disability are only emerging, more recent effort of which is
the consultations with women with disability on the UN-CRPD (see Annex C)
50
Peters (2003). Inclusive Education: Achieving Education for All by Including Those with Disabilities and Special Education
Needs. Prepared for the Disability Group, The World Bank.
51
According to Ms. Carmen Zubiaga, Executive Director of the NCDA, they are now starting their GAD program but it is still
un-budgeted
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 1
of Gender Equality and Women Empowerment 3
policies, programs, and projects across government with inputs from the disability
sector.52

 Support and promote emerging good practices of organisations by women with


disability so that they can better leverage resources from donor organisations,
business, development partners, and government.53

 Link women with disability organisations with mainstream women’s organisations to


start the process of cross-sectoral learning, knowledge sharing, and understanding

 Support conduct of research to gather evidence as basis for policy and programs for
women with disability. One such research is by documenting cases of women with
disability who experience discrimination and abuse. Another is by supporting
research on cost benefit of CBR.

 Draft a position paper to segregate senior citizen and PWDs in budget alocations and
programs.

 Strengthen Executive Order 437 by looking at how the provisions mandating the
creation and functions of the Persons with Disabilities Affairs Office (PDAO) can be
harmonized with EO 437.

 Train government frontliners on disability sensitivity and sign language, especially


the Philippine National Police, Department of Social Welfare and Development,
Department of Health, and the Department of Justice.

52
According to Ms. Carmen Zubiaga, she would’ve been elected to the Governing Board of PCW but had to take up the
Executive Director position at NCDA. Since then, there was no word on the PCW whether a women with disability will be
elected in their Governing Board.
53
There are several emerging practices by women with disability organisations such as micro-credit and partnership with
local government in terms of providing inputs to development planning.
Annexes

Annex A

INTERNATIONAL DAY OF DISABILITY


(With a theme, Gender Inclusion on development)

FIRST LEG OF THE SYMPOSIUM:


1. Held at Columbia Towers
2. November 22, 2011 (9:00am – 5:00pm)
3. Attendees were from different regions in the Philippines from Luzon to Mindanao

DISCUSSION ABRIDGEMENTS:
1. Program began with an invocation and singing of national anthem
2. Mr. Edmund Fernandez (DOTC) delivered opening remarks to all participants. Highlights that
the planning session for such workshop took 9 months for the organizing committee to
accomplish. He emphasized that he is very thankful that numerous regional delegates and
organizational representatives made it to the seminar despite of the unpleasant weather
3. Ms. Carmen Zubiaga (head organizer) nethered Mr. Edmund’s welcome remarks by adding
more delightful thoughts in everybody’s presence in the seminar
4. Mr. Mateo Lee (NCDA) delivered his personal welcome message and stressed that women
with disabilities in the Philippines are somewhat more fortunate compared to other women
from other countries. He cited an example of Muslim women who still battle for equal rights
and become more productive citizens of their nations. In accordance to the latest report of
census, women without disabilities enjoy more rights and privileges than women with
disabilities. Lee emphasizes also on the role significance of women in cultivating
developments and social reforms. As closing statement, he salute to women’s strengths in
character and in capabilities to foster change. He also promoted the Access 2020 Fun Run to
be held on December 3, 2011.
5. Mr. Tito Fajardo (Commission on Human Rights), in his speech, he give rise on the
importance of mainstreaming women in the society for they could bring in change and
progress. He shared an example of a tale of war where great women leaders survived and
played a huge role in the fight. He brought in high spot that up to now, we are still struggling
for adequate rights for women and children.
6. Ms. Tricia Gray (a representative from Australian Aid), welcome all guests, emphasized that
projects for persons with disabilities and for women are close to the “heart of Australian
Aid”. She wished a very fruitful workshop for everybody.
7. Rizaldy Sanchez, discussed magna carta for PWD and a specific Magna carta for Women. He
provided emphasis on the relevance of reviewing the laws and recommend revisions to
rights of women or persons with disabilities in general to ensure that PWD’s enjoy quality
life. Data gathering must be improved and meticulous, increase strongly level of support to
advocacies for women with disabilities to warrant international and domestic protection
against violence, sexual abuse and other forms of battery. For 15 years now, only Philippines
in Asia have the gender budgeting body for marginalized women. Budgeting process for

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 1
of Gender Equality and Women Empowerment 5
persons with disabilities is similar to the ones for senior citizens. It should be fought for that
mainstreaming women is not a social burden but a form of inclusive integrity, an
empowering integration. There had been findings that 20% is caused by poverty. Philippines
has an excellent frame work of laws and legislations for women and persons with
disabilities, these should be fully implemented and it’s high time to make sure that these are
all followed and exercised. Sanchez further explained that violators of Magnacarta would
have penalties. He added also the discount privilege once a PWD is an ID bearer of a
government issued PWD ID. Complaints from most audience on drug stores who do not
honour this discount policy have been raised to Sanchez for further investigation.
8. Ms. Carmen Zubiaga (head Chair for the gender inclusion on development subcommittee),
expressed gratitude and appreciation to all sponsors of the event especially to DOTC and
Australian Aid. Zubiaga mentioned again that projects for women with disabilities or for
persons with disabilities are close to the heart of Australian Aid. She underscored that 650
million in the world are with disabilities. Women with disabilities for that matter experience
double discrimination or double denial of their rights. In the Philippines Zubiaga accentuated
that women are more fortunate for having familial love and support. In the country, women
are somehow recognized, began to conquer the field of commerce by being career woman
but despite of this, more are still needed to struggle for. Communities are necessitated to
launch programs for empowerment and protection to women. There should be a strong
voice in all local government units (LGU’s) for women with disabilities. Around P2.5 million
are from the municipal offices that has not been given to PWD projects as budget or funds.
Zubiaga turned to discuss a brief overview of UNCRPD stressing the portions of the law
concerning protection for PWD or for women. After which, she buoys up the serious talk,
emphasizes the importance of self – esteem of women. “You have to go out, meet and
relate with people. All of us are beautiful! Dress up, wear makeup, and look good all the
time. Never hide your legs behind long pants. Feel beautiful inside and out. All women are
beautiful!” The entire audience was highly encouraged to take the lead when they get back
to their respective regions / area in setting up a desk filled with programs for women with
disabilities and children. Psychosocial disability is another form of disability that had been
recognized and given attention to. There were no known programs for them. These women
with such disabilities are pushed to come out, claim their rights and should be understood.
9. (Afternoon break / ice breaker)
10. Ms. Norine Nacional (DTI), discussed about economic empowerment for women with
disabilities or for other persons with disabilities through business development. She
highlighted the opportunities for macro and micro enterprise. Provided guidance in terms of
requirements and other pertinent documents needed to pursue or capitalize a business.
DTI’s projects for livelihood has firm linkages among lending or loaning companies that can
assist business starters. Nacional proudly reveals the courses they offer for women are as
follows; consumer electronic repair, welding, dress making, baking of pastries and
automotive training. Nacional added that they would have soon to offer massage therapy
training.
11. Dr. Maureen Ava Mata (Representative from PWD group of Makati), explains that building a
support group for PWD’s does not give rise to frequent action of gathering funds, hence,
pool of volunteers, network widening and finding steady human resource for each of the
projects are essential. CBR or community rehabilitation is a good channel to utilize which
Makati have begun to maximize in pushing forth their program goals. Mata allude to an
experience of their community where in the tap different professionals around the area
such as; Physical therapists, doctors, nurses, teachers, church servants, dentists and many
others to support their cause by volunteering their service in lined with their expertise and
not just by merely sharing something monetary.
12. Ms. Marisa Sandoval (TESDA Women centre), Sandoval pompously announced that TESDA
women centre received an award as the first in Asia to provide projects and programs of
empowerment for women. The specialty of their programs are, it is competency based and
individual pace methods. Assessing one’s skills and abilities are the initial factors to
determine what training suits the potential trainee. Individual pace training is done on the
basis of one’s progress as she goes along with the module. TESDA accepts trainees as young
as 15 years old and applicants must need to pass their entrance exams. TESDA is also active
in building communities, budget hearings and system improvement drives.
13. Ms. Jean Gonzales (President of Children with learning disabilities), Stressed that their core
belief and goal is to build network and work hand in hand with department of labour and
employment (DOLE). Gonzales explained that after all their empowering and rehabilitative
programs and intervention, employment or economic independence takes place in
somebody’s life.
14. Ms. Carmen Zubiaga (back in the floor to speak), informed and encouraged everybody to
join and be active with local women’s council in their respective municipalities.
15. Audience general wish list and proposed issues to seek actions for;
 Increase number of public schools in Valenzuela accepting children with disabilities
 Increase number of SPED teachers catering to all types of children with disabilities
 Increase number of colleges in Valenzuela accommodating incoming college students
with disabilities
 Increase the quality of medical diagnosis of disabilities to children through physicians
and other medical practitioners
 Partnering with non – PWD groups to widen awareness drives regarding persons with
disabilities with special focus on their abilities and other potentials
 PWD groups / individuals must be very active in infrastructure reforms
16. Mr. Rizal Morales (DOTC), Presented as the Apolinario Mabini awardee for the most
outstanding volunteer who engages and promote rehabilitation drives and programs for
persons with disabilities beyond regular work. Morales highlight the efforts of
Undersecretary Mar Roxas in attending all complaints and issues of PWD’s in transportation
and travelling. He pointed out also that 99% of all filed cases were not or has not been
resolved through due process because of some factors from PWD’s end like PWD’s pity the
accused drivers and eventually leading to taking back the field cases and no fare to attend
court hearings.
17. (Awarding of certificates, photo sessions and distribution of tokens)

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 1
of Gender Equality and Women Empowerment 7
INTERNATIONAL DAY OF DISABILITY
(With a theme, Gender Inclusion on development)

SECOND LEG OF THE SYMPOSIUM:

1. Held at Bayview Park hotel


2. November 23, 2011 (9:00am – 5:00pm)
3. Attendees were from different regions in the Philippines from Luzon to Mindanao

DISCUSSION ABRIDGEMENTS:

1. Ms. Lizel Avida and Ms. Amy Decena (participants) did the recapitulation of the previous topics
including the press conference of Australian Aid at EDSA Shangrii-La hotel
2. Dr. Liza Martinez (Co – founder of Philippine Deaf Resource Centre), discussed about persons
with disabilities being duty bearers and their rights defenders. Greatest contribution of PWD is
to start moving, fight for their rights, claim it than waiting for our government to move.
Electroshock therapy is one of the treatments administered to persons with psychosocial
disabilities. The newly sprung out type of disability. Women have right to “Health”.
Menstruating, giving birth and vagina are the 3 things that made women unique and different
from men. Children and women are prone to violence. Rape, trafficking, electronic abuse like
sex videos and acts of lasciviousness are forms of violence towards women. Weng and Maffy
were the deaf victims of discrimination in the barangay. Their stories were presented as sample
cases. A person with disability especially if it is still young needs “CASAGAL” in courts. CASAGAL
means, court appointed special advocate / guardian ad litem. To ensure accuracy of narration,
video tape the story but make sure that you ask permission from the victim regarding this
planned step. It’s challenging for an interpreter to sign and write the narration of the victim all
at the same time. PWD’s must be present and be represented in all forums or social and / or
governmental gathering to ensure that PWD voices are heard. PWD’s are always out of sight and
out of mind by most people especially in planning.

Dr. Gina Manalaysay, representative of regions 6, 7, 8


 PWD’s must establish rapport among themselves, strengthen friendship and network
 Form a council that is solely dedicated in data gathering and report monitoring
 Continuous search of funds / sponsors to keep all projects going
 Law awareness drives / initiatives for persons with disabilities as well as those who are not
PWD’s
 Develop micro enterprise programs augmenting income for mothers of persons with
disabilities. “They are usually in the school and guarding their PWD children. Therefore, they
need other ways of earning to ensure that they could help the fathers get extra resources.”
 Increase the number of SPED teachers and teacher aids
 Increase PWD visibility in government offices or local council office actively discussing
projects for persons with disabilities (e.g. honour parking spots for PWD’s, Honour discount
ID cards etc.)

REGION 3 REPORT
Description: used a symbolic tree. A healthy tree with full grown branches and a dying tree with
fallen leaves. Analogical frame work in a community with complete and available resources for
PWD’s. Which implies that PWD’s lives are in increased quality and healthier if tailor fitted programs
for them are available, established and implemented.

 Fund adequacy for PWD projects


 Dedicated manpower / team for data banking and reports management
 Awareness drives / initiatives slaying public discrimination
 Limited issuance of PWD discount ID’s
 Insufficient number of disabled affairs office to cities and regions
 Lac of job opportunities
 Increase and strengthen community based rehabilitation approaches
 Increase number of support systems or peer groups for empowerment
 Need for technical assistance from various government agencies like from Social workers to
train women leaders making the right project proposals etc.
 Seek funding from funding agencies and private sectors

Attorney Jessica Siquijor Magbanwa, Spoke about anti – violence law for women, wives or children.
“Place of violence cannot be just in homes, it can be in other places,” Magbanwa stresses as she
starts to explain her subject. Violence on women can be committed through economic,
Psychological, emotional, sexual and physical threats. It is also violence if there is a denial of an
arbitrary of personal liberty and forcing you to do something out of your will are also considered
public offense. Battered women syndrome defines that a woman suffers from such problem if she
has been abused physically, emotionally and psychologically. Marivic Genosa’s case from Leyte was
the basis and gave rise to a definition of battered woman syndrome which leads to the formulation
of anti battery law.

Battered woman has 3 stages, tension building, acute battery incident and tranquil loving.

Dr. Liza Martinez coordinated with the audience regarding battery cases they know and listed
statistics for that matter.

There were documented 3 cases of battery, 15 rape incidents, 27 for trafficking, 1 for sexual
harassment and 3 for molestation from the symposium. These figures are kept confidential and Dr.
Liza’s CRPD team are planning steps to resolve issues as such for women with disabilities.

1. Ms. Martha Villafania from Leyte’s chapter of WOW Leap federation, explained how to organize
representing bodies for persons with disabilities. She recalled that virtual methodologies such as
e-mails and texting became essential communication avenues in forming their federation.
Villafania also proudly presents geographical and cultural highlights of Leyte.
2. Ms. Carmen Zubiaga reinforced the idea of having a national federation of women with
disabilities.
Ms. Joy Garcia – Board member of WOW LEAP and also vice president of TWH, discussed organizing
and empowering support groups for persons with disabilities and planning advocacies and
conceptualize course of actions for forum and programmes. Garcia emphasized the maximum
utilization of CBR strategy.

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 1
of Gender Equality and Women Empowerment 9
“Be agent for change through generous sharing of information,” Joy shares a positive note to
everybody.
Here are the steps which are prescribed by ms. Joy Garcia in the process phase of embodying of an
idea until it becomes an organization.

1. Register at SEC and look for incorporators for the organization


2. Appointment of officers
3. Plan projects and submit proposals
4. Ensure that the leader of the organization can handle a group with genuine credibility in
leadership and love for his / her constituents
5. Make the organization formal and file the necessary documents
6. Go for a general assembly through interim officers
7. Build networks and learn to affiliate your other organizations
8. CBR strategy will help you learn government proto calls and policies and as to how you
relate and propose to the government and other funding agencies
9. Continuous monitoring of launched projects

Ms. Joy Garcia concluded her talk with advertising Access 2020 Fun Run at SM Fairview on
December 3, 2011.
ANNEX B

International Disability Alliance (IDA)


Member Organizations:
Disabled Peoples' International, Down Syndrome International,
Inclusion International, International Federation of Hard of Hearing People,
World Blind Union, World Federation of the Deaf,
World Federation of the DeafBlind, World Network of Users and Survivors of Psychiatry,
Arab Organization of Disabled People, European Disability Forum,
Red Latinoamericana de Organizaciones no Gubernamentales de Personas con
Discapacidad y sus familias (RIADIS), Pacific Disability Forum

Joint submission on the Philippines by the Philippine Coalition on the CRPD & IDA
Human Rights Committee, 106th session (15 October - 2 November 2012)

The Philippines Coalition on the CRPD, comprising more than 15 organisations of persons with
disabilities (DPOs) and the International Disability Alliance (IDA), have prepared the following
information and proposed recommendations to the State highlighting the civil and political rights of
persons with disabilities in the Philippines as it concerns the issues of non-discrimination; freedom
from torture, cruel, inhuman or degrading treatment; the right to liberty ; access to justice and the
right to participation in public affairs and the right to vote.

PHILIPPINES

The Philippines ratified the Convention on the Rights of Persons with Disabilities on 15 April 2008.

Please find attached:


 Annex I which compiles selected disability references in UPR recommendations & Concluding
Observations of treaty bodies with respect to the Philippines (page 7)
 Annex II which includes information on the organisations making this submission (page 10).

Introduction

Persons with disabilities have remained largely invisible due to discrimination and continued
marginalization in society. There is a dire lack of documentation for even the most fundamental
information about Filipinos with disabilities. According to the 2000 census, there are 942,098
Filipinos with disabilities who make up 1.23% of the population. Half of the sector are female, and
children and youth comprise significant proportions and the majority of persons with disabilities are
in the rural area. Through the past three decades however, the incidence of disability has been
reported variably by different entities leading to serious doubts on overall accuracy. The 1.23%
figure of persons with disabilities differs greatly from the latest figures published by the World Bank
and WHO in the 2011 World Report on Disability which sets the latest figures on persons with
disabilities at 15%. National statistics have been a longstanding concern as national / local
legislation and policy rely heavily on documented numbers of disadvantaged Filipinos to justify

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 2
of Gender Equality and Women Empowerment 1
appropriations for programs, activities and services. In a developing country where public finances
are subject to many limitations, budgets for various vulnerable sectors compete with each other and
other national priorities.

Violence against women and girls with disabilities- Articles 3, 7, 23, 24, 26

The findings in the research of the Philippine Deaf Research Center (PDRC) indicate that women with
disabilities are more likely than men with disabilities and women without disabilities to be victims of
all forms of violence. Available documents and reports of several NGOs and DPOs indicate that
violence against women with disabilities is more severe and is committed over an extended period
due to impunity and difficulties in accessing justice.

In particular, for deaf women who are victims of violence, degrading treatment, physical and sexual
abuse, the non implementation of the national plan for provision of interpreters serves as one of the
chief reasons for the denial of fair and just trials. Even right at the stage of submitting complaints
and investigations, the lack of support for interpretation leads to the dismissal of these cases.

Other from the findings made by the Philippine Deaf Research Center, there is a dearth of data that
could be accessed in the relevant agencies expected to collect and store this information. The
National Council on Disability Affairs, the Philippine Commission on Women and the Commission on
Human Rights (CHR) have not made available such information since 2008.

Prior this period, the CHR reported fifty seven (57) reported cases of human rights violations against
persons with disabilities, and cases of women and girls are in the majority. The outcome of those
cases remain uknown to date.

While there are legislation and programs addressing the prevention, rehabilitation and protection
against violence against women and girls run by the government and NGOs, there are none which
focus on or address women and girls with disabilities.

The resulting barriers identified due to these facts include:


a. Laws against rape, sexual abuses, violence, sex trafficking of women do not equally benefit
women and girls with disabilities;
b. There is an absence of data, knowledge about the specific forms of exploitation, violence and
abuse experienced by women with disabilities, and the inter-relationship between gender and
disability and exploitation, violence and abuse;
c. There is an inadequate link and promotion of services for women with disabilities in the
community and even within the sector of disability.
d. Distance and inaccessibility of service centers and severe inadequacy of accessible information
about victim support services for women and girls with disabilities.
e. Non inclusive service policies, procedures and practices that in effect exclude women and girls
with disabilities.
f. Untrained service staff who are not skilled to communicate much less comprehend and address
the particular concerns and needs of persons with disabilities.

Right to liberty – disability-based detention and forced treatment permitted in the law - Articles 2,
7, 9, 16, 26
There is a proliferation of laws, policies and programs against violence, deprivation of liberty and
equal recognition before the law in the Philippines. Most of them address women, children,
indigenous, vulnerable and marginalized groups. Even with the persistent assertion of the
authorities of the inclusive nature of these laws and programs, persons with disabilities remain
excluded.

The vulnerability of persons with psychosocial disabilities in mental health institutions has been
recognized by the UN Special Rapporteur on Torture. 54 In the Philippines, Rule 101 of the Rules of
Court “Hospitalization of Insane Persons", 55 and the Child and Youth Welfare Code,56 allow for the
detention in institutions of persons with psychosocial disabilities without their free and informed
consent, and often persons lacking their legal capacity are “voluntarily” detained upon the consent
of their guardian without the right to challenge their detention. The National Center for Mental
Health (NCMH), and the Sanctuary Center (a public shelter for recovering women with psychosocial
disabilities) have double or triple barricades as well as solitary confinement areas.

There are reports of accused persons with psychosocial disabilities, persons with autism and blind or
deaf persons who are detained Mental Health Centers. They do not benefit from the presumption
of innocence, but instead are dealt with as psychiatric patients and therefore are forcibly
hospitalised and detained without trial.

Such practices targeted at persons with psychosocial disabilities are discriminatory and no longer in
line with the latest standards of international human rights law. Article 14 of the CRPD and
recommendations of the CRPD Committee explicitly set out that disability based detention is
violation of the right to liberty. The Special Rapporteur recalls that article 14 of CRPD prohibits
unlawful or arbitrary deprivation of liberty and the existence of a disability as a justification for
deprivation of liberty”.57

Access to Justice- Articles 2, 3, 14, 16, 21, 26

For the deaf community, despite a National Plan of Action target in 2007 to establish a system for
sign language interpretation, no mandated national policy or system for standards, accreditation,
dispatch or code of conduct, exists to date.

The Department of Justice (including the Phil National Police, National Bureau of Investigation and
Bureau of Jail Management and Penology) have no policy on sign language interpreting. Deaf
persons are charged, arrested, detained, investigated, prosecuted, or incarcerated without fully
understanding / being fully understood. From 2006-2012, the Philippine Deaf Resource Centre
documented 80 cases with deaf persons as respondents. Twenty-six percent of cases with known
data involved respondents who are deaf minors. Further, deaf women and girls who are victims of
violence, sexual abuses and other degrading dealings are often denied access to justice.

54
Report of the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment,
UN General Assembly. A/63/175, 2008
55
Rule 101 of the Rules of Court entitled "Hospitalization of Insane Persons"
www.familymatters.org.ph/Procedural%20Laws/Rule%20101%20hospitalization%20of%20insane
%20person.htm
56
Child and Youth Welfare Code (PD 603, Art. 141 to 186)
www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm
57
Recommendation of the Special Rapporteur on Torture (A/63/175), para 64.
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of Gender Equality and Women Empowerment 3
The lack of focused policies and programs addressing the distinct realities of deaf women and other
types of women with disabilities contributes to the proliferations of cases that are not attended
appropriately thus resulting to impunity. This fact emboldens the perpetrators of these types of
violators of rights of persons with disabilities.

Supreme Court policy provides interpreting only if a deaf person needs to be understood. 58 Of 214
cases involving deaf parties, only 24% were appointed sign language interpreters. Of 63 cases with
unschooled deaf parties requiring deaf relay interpreting, only 25% were appointed interpreters. In
16 cases of gender-based violence filed by unschooled deaf complainants requiring deaf relay
interpreting, only 13% were appointed interpreters. 59

In fact, a recent petition communicated to the CEDAW Committee concerns the rape of a deaf girl
who was denied access to justice in the Phillippines on account of the lack of sign language
interpreting in the trial proceedings.

It should be noted that throughout the country there are over 2,000 court interpreters for spoken
languages, working as fulltime salaried employees. On the other hand, compensation for sign
language interpreters is not even appropriated in the national budget of either the Department of
Justice or the Judiciary. Neither is there any provision for accessibility through sign language
interpreting in the local governments’ Katarungang Pambarangay (village justice system). Likewise,
there is no policy for communication accessibility in cases with the National Labour Relations
Commission, or the Philippine Mediation Center.

Right to participation in public affairs and the right to vote – Articles 2, 16, 25, 26

The right to vote and participation in elections by persons with disabilities have been hindered by
discriminatory provisions in the elections law and widespread accessibility issues such as lack of sign
language interpreting; physical inaccessibility, and non-guarantee of privacy / confidentiality at the
polling places.

The Synchronised Elections Law 1991 excludes from the right to vote “insane or incompetent
persons as declared by competent authority” (section 118(c)) which is in violation of the right to
political participation as set out in Article 25, ICCPR and Article 29, CRPD, and confirmed in OHCHR
thematic study on participation in political and public life by persons with disabilities which explicitly
states that there is no reasonable restriction nor exclusion permitted regarding the right to political
participation of persons with disabilities.60

It is a worrying situation that the Human Rights Committee General Comment no 25 was recently
cited by the Philippine Mission to the UN in Geneva as the basis to a reservation adopted in March
2012 in the context of the adoption of the Human Rights Council resolution on the right to political
participation of persons with disabilities, asserting that “insane” people must remain deprived of
their political rights.61 While the Commission on Election (COMELEC) in partnership with Philippine
organisations of persons with disabilities (DPOs) have publicly expressed objection to this
58
Supreme Court Memorandum 59-2004; Supreme Court Circular 104-2007
59
Access to Justice: Case monitoring by the Philippine Deaf Resource Center (2006-2012).
www.phildeafres.org/pdf/PDRC_Case_Monitoring.pdf
60
A/HRC/19/36, 21 December 2011
reservation as a measure of discrimination and contrary to their obligations under the CRPD. The
Department of Foreign Affairs, through the Division of the United Nations and International
Organizations (UNIO) maintains its firm position to keep the reservation before the Human Rights
Council. This is flagrant violation of Articles 4, 5, 12 & 29 of the UNCRPD.

Recommendations:

 Take steps to accede to the Optional Protocol to the Convention on the Rights of Persons with
Disabilities.

Articles 3 and 7
 Address the heightened risk for women and girls with disabilities of becoming victims of
violence, abuse, and exploitation in the home, community and institutions, and to adopt
measures to ensure the accessibility of services and information to victims with disabilities,
including training of police and other interlocutors. Ensure that all legal procedures in cases
involving crimes of rape and other sexual offenses are impartial and fair, and not affected by
prejudices or stereotypical gender notions. (see CEDAW Committee, 2008,
CEDAW/C/46/D/18/2008, para 8.9)
 Ensure measures taken to provide holistic and coordinated responses and strategies across
different services (domestic violence and sexual assault, disability, mental health service
systems) to prevent and combat violence against women and girls with disabilities, including the
incorporation of gender, disability and child-friendly perspectives, the collection of such
disaggregated data and meaningful consultation with women and girls with disabilities and their
representative organisations for effective policy-making.

Article 4
 Expand the legislative protection of discrimination to incorporate discrimination on the basis of
disability, perceived disability and association with a person with a disability, and ensure the
protection from denial of reasonable accommodation, as a form of discrimination. 62 Give
guidance, awareness-raising and training to ensure a better comprehension by all stakeholders,
including persons with disabilities, of the concept of reasonable accommodation and prevention
of discrimination.63 (see Concluding Observations of the CRC Committee, 2009,
CRC/C/PHL/CO/3-4, paras 29, 30, in Annex below).

61
Para 4 of General Comment no 25 : « Any conditions which apply to the exercise of the rights protected by
article 25 should be based on objective and reasonable criteria…For example, established mental incapacity
may be a ground for denying a person the right to vote or to hold office. »
62
CRPD Article 5 - Equality and non-discrimination. 1. States Parties recognize that all persons are equal before
and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with
disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote
equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable
accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality
of persons with disabilities shall not be considered discrimination under the terms of the present Convention.
63
The Republic Act 7277 was enacted in 1992 and despite amendments to some sections by Republic Act 9442
in 2009, it retains the view of disability which defines “persons with disabilities” as “those suffering from restriction
or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner
or within the range considered normal for a human being” (Sect. 4a), which is in conflict with the CRPD’s
approach. Under RA 7277, In order to prosecute potential violations, Sec 44 on enforcement states that a
“pattern or practice of discrimination” must be evident. This diminishes the significance of single or individual
acts of discrimination.
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 2
of Gender Equality and Women Empowerment 5
Articles 2, 7, 9, 16 and 26
 Adopt measures to ensure that all health care and services provided to children and adults with
disabilities, including all mental health care and services, are based on the free and informed
consent of the individual concerned, and that involuntary treatment and confinement are not
permitted by law.

Articles 2, 3, 14, 16, 21


 Ensure the effective access to justice for persons with disabilities on an equal basis with others,
including through the provision of procedural and age-appropriate accommodations and
support, in order to facilitate their effective role as direct and indirect participants, including as
witnesses, in all legal proceedings, in accordance with Article 13 of the CRPD.
 Implement fully the target for an interpreting system in the National Plan of Action and pass
proposed House Bills: No. 4631 “Court Interpreters for Persons with Disabilities Act”; No. 6079
“Filipino Sign Language as the national sign language” (includes sign interpretation in courts,
schools, broadcast media).

Articles 2, 16, 25, 26


 Repeal restrictions in the electoral law (Synchronised Elections Law 1991) that excludes from
the right to vote “insane or incompetent persons as declared by competent authority” (section
118(c)) which is violation of Article 25, ICCPR and Article 29, CRPD and contrary to the latest
international standards on political participation; and the withdrawal of the reservation
emitted by the Philippines before the Human Rights Council which excludes persons with
disabilities from their right to political participation.
 Reform the law in accordance with Article 16, ICCPR and Article 12 of the Convention on the
Rights of Persons with Disabilities (CRPD) to guarantee the equal recognition before the law of
persons with disabilities, including the adoption of measures to ensure that having a disability
does not directly or indirectly disqualify any person from exercising his or her legal capacity
autonomously, and to ensure that persons with disabilities have access to support that they may
need to exercise legal capacity on an equal basis with others, respecting the will and preferences
of the person concerned. (See also report of Special Rapporteur on Torture, 28 July 2008,
A/63/175, paras 73 and 44)

Disability references in Concluding Observations and views with respect to the Philippines

Universal Periodic Review of the Philippines, 12 th session, A/HRC/21/12, 2012


129. The recommendations formulated during the interactive dialogue and listed below enjoy the
support of the Philippines:

129.7. Fully implement the Magna Carta of Women for promoting gender equality (Republic of
Korea); Provide more resources to support the effective implementation of the Magna Carta of
Women (Malaysia); Effective implementation of the Magna Carta of Women in all fields, inter alia,
labour relations, access to justice and health care, including aspects of sexual and reproductive
health; and sexual violence (Spain);

129.10. Maintain the momentum in actively pursuing efforts to further protect the rights of women
and children, especially through the enactment of legislation (Brunei Darussalam); Continue to
intensify its efforts in addressing all the remaining challenges of human rights, in particular, in the
fields of promotion of economic growth, and social protection and equity with special attention
given to women’s and children’s rights through ongoing programs and plans of action (Cambodia);

129.8. Continue promoting the empowerment of women (Nicaragua); Continue its efforts to
implement domestic policies to further promote gender equality and strengthen the protection of
women against discrimination and violence (Singapore); Intensify efforts to fight violence against
women by the public awareness-raising campaigns, by adequately resourcing the relevant initiatives
and by training law enforcement personnel (Liechtenstein); Undertake concrete measures to further
promote gender equality in employment, gender responsive approach in the judicial system and
better maternal care (Thailand)

129.11. Intensify its efforts to protect the rights of other vulnerable groups, especially persons with
disability, minorities and indigenous peoples so as to allow them equal access to social, educational,
health and other services (Thailand); Continue its work in relation to the promotion of the
protection of the rights of specific vulnerable groups in society such as senior citizens, the poor and
those affected by natural disasters (Trinidad and Tobago); Study the possibility to develop new
measures so that programs to combat poverty include vulnerable people such as seniors and people
with disabilities (Argentina);

130. The following recommendations enjoy the support of the Philippines which considers that they
are already implemented or in the process of implementation”:
130.6. Adopt inclusive legislation for people with disabilities (Spain);

Concluding Observations of the CRC Committee, 52nd session, 2009, CRC/C/PHL/CO/3-4

29. While noting efforts by the State party to eliminate discrimination against children, including
through the implementation of the Girl Child Plan and a number of programmes targeting
indigenous and minority children, the Committee reiterates its concern at discrimination faced by
many children, in particular children living in poverty, children with disabilities, indigenous and
minority children, including Muslim children living in Mindanao, migrant children, street children
and children living in rural areas as well as children living in conflict areas, as regards their access,
inter alia, to social and health services and education. The Committee also remains concerned at the
de facto discrimination still affecting the girl child and impeding the full enjoyment of her rights,
mainly due to societal attitudes toward girls and women. The Committee further expresses its
concern at the fact that the State party has not yet addressed the situation of children born out of
wedlock, who still face discriminatory practices such as their classification as “illegitimate” and their
restricted right to inherit.
30. The Committee urges the State party to increase its efforts to eliminate discrimination
against children and in particular to:
(a) Adopt and implement a comprehensive strategy addressing all forms of discrimination,
including multiple forms of discrimination against all vulnerable groups of children and aimed at
combating discriminatory social attitudes towards girls, children living in poverty, children with
disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant
children, street children and children living in rural areas as well as children living in conflict areas;
Children with disabilities
53. While welcoming the State party’s ratification of the Convention on the Rights of Persons
with Disabilities in 2008, the Committee expresses its concern at the lack of a comprehensive policy
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 2
of Gender Equality and Women Empowerment 7
to ensure that children with disabilities have equal access to social, educational, health and other
services. The Committee also remains concerned at the high prevalence of disability among
Philippine children, due to a number of causes, including malnutrition and unsanitary living
conditions as a result of extreme poverty. The Committee is further concerned that those children
continue to face de facto discrimination and that they have an invisible role in society.
54. The Committee recommends that the State party strengthen its measures to protect and
promote the rights of children with disabilities, inter alia, by:
(a) Developing and implementing a comprehensive policy for the protection and promotion of
the rights of children with disabilities and enforcing existing legislation to ensure that children with
disabilities have equal access to social, educational, health and other services;
(b) Strengthening the existing database and monitoring system on children with disabilities;
(c) Ensuring participation of children with disabilities and members of their families in the
planning, implementation and evaluation of programmes;
(d) Making every effort to provide programmes and services for all children with disabilities,
including mental disabilities, and ensure that such services receive adequate human and financial
resources;
(e) Carrying out awareness campaigns to sensitize the public about the rights and special needs
of children with disabilities and encourage their inclusion in society;
(f) Providing training for professional staff working with children with disabilities, such as
teachers, social workers, medical, paramedical and related personnel;
(g) Taking into account article 23 of the Convention, the Committee’s general comment No. 9
(2006) the rights of children with disabilities as well as the Convention on the Rights of Persons with
Disabilities.

Views of the CEDAW Committee on Communication No. 18/2008, Karen Tayag Vertido v the
Philippines, adopted on 16 July 2010, CEDAW/C/46/D/18/2008

8.9 Acting under article 7, paragraph 3, of the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, and in the light of all the above
considerations, the Committee is of the view that the State party has failed to fulfil its obligations
and has thereby violated the rights of the author under article 2 (c) and (f), and article 5 (a) read in
conjunction with article 1 of the Convention and general recommendation No. 19 of the Committee,
and makes the following recommendations to the State party:
(a) Concerning the author of the communication
 Provide appropriate compensation commensurate with the gravity of the violations of her rights
(b) General
 Take effective measures to ensure that court proceedings involving rape allegations are pursued
without undue delay
 Ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are
impartial and fair, and not affected by prejudices or stereotypical gender notions. To achieve
this, a wide range of measures are needed, targeted at the legal system, to improve the judicial
handling of rape cases, as well as training and education to change discriminatory attitudes
towards women. Concrete measures include:
(i) Review of the definition of rape in the legislation so as to place the lack of consent at its
centre;
(ii) Remove any requirement in the legislation that sexual assault be committed by force or violence,
and any requirement of proof of penetration, and minimize secondary victimization of
the complainant/survivor in proceedings by enacting a definition of sexual assault that
either:
- requires the existence of “unequivocal and voluntary agreement” and requiring proof by the
accused of steps taken to ascertain whether the complainant/survivor was consenting; or
- requires that the act take place in “coercive circumstances” and includes a broad range of
coercive circumstances.”
(iii) Appropriate and regular training on the Convention on the Elimination of All Forms of
Discrimination against Women, its Optional Protocol and its general recommendations, in particular
general recommendation No. 19, for judges, lawyers and law enforcement personnel;
(iv) Appropriate training for judges, lawyers, law enforcement officers and medical personnel in
understanding crimes of rape and other sexual offences in a gender-sensitive manner so as to avoid
revictimization of women having reported rape cases and to ensure that personal mores and values
do not affect decision-making.

Information of the submitting organisations


The Philippine Coalition on the UNCRPD is comprised of more than 15 organisations with about
65,000 members with disabilities of all types. While it was primarily established for the purpose of
ensuring the implementation of the UNCRPD in the Philippines through monitoring and parallel
reporting, it also engages before other human rights mechanisms such as other UN treaty bodies
and the Universal Periodic Review.

Lauro Purcil, lauro.purcil@samobile.net


Liza Martinez, pdrc@phildeafres.org,

The International Disability Alliance (IDA) is a unique international network of global and regional
organisations of persons with disabilities, of which EDF is a regional member. Established in 1999,
each IDA member represents a large number of national disabled persons’ organisations (DPOs)
from around the globe, covering the whole range of disability constituencies. IDA thus represents
the collective global voice of persons with disabilities counting among the more than 1 billion
persons with disabilities worldwide, the world’s largest – and most frequently overlooked – minority
group. IDA’s mission is to advance the human rights of persons with disabilities as a united voice of
organisations of persons with disabilities utilising the Convention on the Rights of Persons with
Disabilities and other human rights instruments.

vlee@ida-secretariat.org
www.internationaldisabilityalliance.org

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Annex C
Women with Disability Regional Consultation on
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Bayview Hotel, Manila
January 31 - February 1, 2013

Day 1- January 31
Opening Ceremonies
 Opening Prayer by Ms. Virginia E. Montilla, Board of Trustee Women on Wheelchairs Leap to
Social and Economic Progress (WOWLEAP) from the National Capital Region.
 Welcome Remarks by Mr. Manuel V. Agcaoili giving emphasis on the Rights of Persons with
Disability and the importance of the United Nations Convention on the Rights of Persons with
Disability in their daily lives. He also acknowledged Mr. Lauro Purcil as the prime mover of the
coalition.
 A brief introduction of each of the participants introducing their organization and their
involvement with women with disability. (See attendance sheet attached).

Workshop Overview
Mr. Purcil gave an overview of the Consultation meeting stressing that the participants should know
their rights, and as Women, they should be experts on their issues because of the doubling situation
of being a woman and yet with disability. Mr. Purcil asked the women about their knowledge on the
UNCRPD document and they said that they have little knowledge on the said document. He gave a
background on some provisions stated in UNCRPD and informed the participants that 70% of the
composition of the group who made the UNCRPD are women.

Presentations

1. SITUATION OF WOMEN WITH DISABILITY by Ms. Jocelyn C. Garcia, President WOWLEAP


The first presenter on day 1 was Ms. Jocelyn Garcia who presented the Women with Disability
Situationer. According to World Health Organization report, 15% of world’s population are persons
with disability and despite the large number there is no accurate data on women with disability.

1.1 On Family Issues


 Women with disability are most likely to be abused by their own family
 WWD living in remote areas are most commonly victims of domestic human rights
violations.
 They are not capacitated to defend themselves from such abuses because of lack of
knowledge on their rights and to whom they can ask for assistance.
 Some WWD are even prohibited by their families to be in a romantic relationship because
of their situation
 Consider Double marginalized because of the disability and being a woman

1.2 On Access to Healthcare


 Lack of physical access, including transportation to clinics and within clinics lack of ramps,
adapted examination tables
 Lack of information and communication materials (braille, large print, simple language and
sign language interpreters)
 Health care providers “negative attitudes;
 Providers lack of knowledge and skills about women with disabilities;
 Lack of coordination among health care providers;
 Lack of funding, including lack of health-care insurance
 Information and orientation on the sexuality and the reproductive health of women with
disabilities should be available to efface discrimination and stigma associated with disability
 Promotion of health and wellness of women with disability and stress management,
depression and sound mental condition.

1.3 On Employment
 Women is vulnerable to danger preventing them to work in the mainstream
 Workplace and Transportation are not accessible to wheelchair users;
 Education and Skills of Women with Disability do not meet the the labor market demand
 Hiring policies of companies not friendly to women with disability

1.4 On Disaster Preparedness


 Generally, women are hit hard by disaster and gender relations in culture and society but
disabled women face compounded difficulties by being both women and disabled in times
of disasters
 Evacuation centers are not accessible to wheelchair users and rescuers not sensitive to the
needs of women with disability
 Meaningful participation of women with disabilities in Disaster management
 Twin track approach (capacity building and consultation with women with disability)
 Build Networks to local rescue providers specially with the LGU and the Barangay

1.5 On Economy, Entrepreneurship and Leadership


 Develop the self-esteem of women with disability to become leaders and actively participate
in their communities
 Strengthen the organization of women with disability and teach them to tap available
resources with their areas.
 Identifying products from available local materials and develop them according to market
demands
 Provide market support to products and services of women with disability

In the early 70’s Tahanang Walang Hagdanan was one of the Catalyst of Change for the
Development of Persons with Disability. Men and women with disability were given equal
opportunity to Rehabilitation, Education and Employment and to further the promotion of Women
empowerment, TWH spearheaded several advocacy projects like the Search for Miss Beauty on
Wheels Philippines in 1998, a nationwide search for women with beauty and brains who can
advocate for their rights. Another fruitful project was the organization of wheelchair dancing for the
inclusion of women with disability in the national programs of the government. With the
overwhelming support of government agencies and partners, a group of women was formally
organized in 1999, WOMEN WITH DISABLITIES LEAP TO SOCIAL AND ECONOMIC PROGRESS and was
registered with the Securities and Exchange Commission as a Non-Government Organization in
2000. It was organized with the purpose to facilitate access of women with disabilities to resources

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necessary for their active participation in social and economic activities in their communities and to
develop women leaders.
Long before the ratification of the UNCRPD an active group organized and run by women with
disability has been in placed and with the ratification of Philippine Government of the UNCRPD,
there will be a stronger partnership between the Civil Society Organization and the government for
an inclusive development for all.

Comments and Issues raised by participants:


 A girl from Mindoro shared the story of a deaf girl who was abused by her father and her
mother never reported the case to the police because of the father being the sole breadwinner
of the family so the participant wanted to know the process on how to file a complaint.
 There was also a case shared by one participant from Makati that a girl with intellectual
disability was raped by a neighbour and the complaint was filed but the police have not acted
on the case and no police report was ever prepared. Hence, the parents did not push thru
anymore.
 Participants from Isabela and Nueva Vizcaya wanted to conduct personality development for
women in region 2 to improve not only their personality but also their self-esteem and life
disposition.
 One of the participants from Gumaca, Quezon shared her experience with their LGU and said
that their organization has a good partnership with their LGU because they always get support
in their trainings and other projects. She further stressed that once an LGU see that persons
with disability group and organization shows eagerness and seriousness with their projects, no
doubt that government agencies will extend their support.
 During the focused group discussion the participants validated the situationer presentation of
the speaker.

Speaker’s responses to the comments:


 One of the speakers advised the participant that the first step to do whenever there is an abuse
is to report the case in the barangay to ensure that it is recorded in their log book. If the mother
or the family is not cooperative to pursue the case, the DSWD can file a complaint for the
abused women with disability. We can also approach the Commission on Human Rights or other
government agencies that can provide protection to the victim.
 Ms. Carmen Zubiaga one of the speakers and a member of the coalition and also the Executive
Director of the National Council on Disability Affairs shared the recent development that the
Council has signed an agreement with the Department of Justice to strengthen their support to
persons with disability by providing lawyers to defend them whenever their rights are violated
and more so to abuse women with disability. All for free.
 The speaker advised the participant from Isabela and Nueva Vizcaya to tap their LGU to support
their training needs and involve the national women’s group support to establish partnership
between the CSO and the LGU.
 One of the participants from Makati suggested that if we can settle the needs of our
organization within the local network or within the LGU and with the Barangay level, we should
settle them on their level before escalating the issues in the national government. After all, the
LGU and the Barangay is the nearest government body who we can engage with in our locality.
 One of the participants from Region 2 seconded the suggestion that organizations of women
specially in the far flung areas and provinces should learn how to tap the available resources in
their locality whether human and financial resources so that cost of trainings will not be
expensive. Furthermore, she also mentioned that Women Leaders who have been trained from
the national level should echo her learnings down the locality where she belongs. In other
words, it is not necessary to invite speakers from the national if there are trained speakers in the
local.
 A participant from Region IV also commented that there are potential leaders in Women but
they are not tapped and further suggested that the present leaders should already identify who
can be the second liners. There should be a database of potential leaders or speakers that can
be accessed thru the internet by organizations who may wish to conduct capacity building be it
in livelihood, entrepreneurship or personality development.
 Ms. Joy Garcia one of the speakers and a council member of the National Anti Poverty
Commission shared the recent development about the memorandum circular of the
Commission about the Bottoms Up Budgetting encouraging the Civil Society Organization to join
the LGU in budget planning and they will become part of the committee as one of the signatory
in budget allocation. This is an opportune time for the CSO to discuss with the Mayor about
their projects and activities. This way it will strengthen the advocacy of inclusive development.
 On Trainings, since there was a lengthy discussion on capacity building of women, Ms. Joy Garcia
shared her thoughts on the different phases of trainings as women have varied training needs.
To wit;
1. BASIC TRAINING
1.1 Personality Development
1.2 Activities of Daily Living
1.3 Psychosocial and Physical Rehabilitation
1.4 Use of mobility aids, Basic Sign Language and Braille

2. CAPACITY BUILDING
2.1 Skills training
2.2 Transition to Work Program
2.3 Entrepreneurship/economic development
2.4 Leadership training
3. HIGHER LEVEL OF TRAINING
3.1 Lobbying and Advocacy
3.2 UNCRPD
3.3 Laws and Rights of Persons with Disability
3.4 Government Programs for Persons with Disability
3.5 International training

2. INTRODUCTION ON THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES by


Mr. Lauro Purcil member, Philippine Coalition on UNCRPD

Mr. Purcil started by asking the participants if anyone knows anything about the UNCRPD and
varied answers were given like;
 Rights of Persons with Disability are recognized globally
 Rights of Persons with Disability are in the cornerstone of the UNCRPD, it is global and
beyond boundaries
 It is important to understand UNCRPD for us to know our rights and how our government
should take care of its PWD citizens.

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 The UNCRPD is responsive because the main authors are persons with disability themselves
and also the intended beneficiary.
Mr. Lauro Purcil further explained that the UN Convention is a mandate to the Philippine
government that was ratified in 2008 and came into force during the International Day of
Persons with Disability in December 3 of 2008. There was a certificate of concurrence which
means that all those who have ratified the Convention should adhere to the convention. Several
articles were discussed but more focused on the following articles for women.
 Article 23 – requires states to eliminate discrimination against persons with disabilities in all
matters relating to marriage, family, parenthood, and relationships, including in the areas of
family planning, fertility and family life.
 Article 25 – requires that states ensure equal access to health services for persons with
disabilities, with specific mention of Sexual and Reproductive health and population based
public health programmes
Mr. Purcil highlighted the need of a PWD organization to be organized first and they should
demand to be consulted and actively involve in the development and implementation process.

Comments and Issues raised by Participants:


 A participant from Region 2 commented that even if the UNCRPD is a mandate to the
government, most often PWD rights are not recognized by the Local Government Unit, what
should be done to compel them to adhere to the UNCRPD.
 Mr. Lauro Purcil elaboratedly discussed Article 33 which discusses about National
Implementation and monitoring, Article 4, General Provisions section 5 and 2, Article 35
talks about Reports by States Parties particularly section 1 and section 4 as answers to the
comments of the participant and to ensure that the the government will adhere to the
UNCRPD.
 Ms. Carmen Zubiaga also added that the government has the responsibility to submit a
report on the implementation of the CRPD to the United Nations (Article 35 of the UNCRPD).
Likewise, the Civil Society Organizations has the right to organize a group like the UNCRPD
coalition and conduct consultation meeting with the sector to come up with a parallel
reporting to the UN where discrepancies in the report shall be addressed.
 Another issue was raised by a participant from Mindoro and asked; what if the LGU do not
give attention to PWD requests and appeal.
 Mr. Purcil quoted RA No. 6713 which discusses the duties of Public Office under the Civil
Service Commission
“Section 5. Duties of Public Officials and Employees. - In the performance of their
duties, all public officials and employees are under obligation to:”

(a) Act promptly on letters and requests. - All public officials and employees shall, within
fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means
of communications sent by the public. The reply must contain the action taken on the
request. 

With the above quoted section of the RA No. 6713, it was made clear to the participants that duty
bearers are bound to attend to their constituent’s requests and letters regardless of the sector they
represent.
 Mr. Lauro Purcil also discussed the General Appropriation Act known as RA 10155
specifically Section 29 states that:
“All government agencies to allocate from their budget at least one (1) percent for programs and
Projects Related to persons with disabilities which means it can even go higher than 1%. In the
Special Provision of the same law, Section 9 mandates that ten (10)% of allocations for school desks,
furniture and fixtures must be purchased from Cooperatives that manufacture and fabricate them
and owned and managed by Persons with Disabilities.”

With the above quoted section of RA 10155 known as the GAA, projects of persons with disability
have a share in the budget in the LGU thru the Internal Revenue Allotment (IRA). With the sharing
of knowledge, the participants get to know how to access support from the LGU if they conduct a
certain project or activity. And section 9 of RA 10155 will also enhance the economic empowerment
of PWDs thru the 10% allocation for school desks, furnitures and fixtures.

With this information Women with Disability Organization should submit proposals to their LGU
because the budget for PWDs are already mainstreamed. All we need to do is to participate in the
Bottoms Up Budgetting in the LGU. Apart from this, there are also other windows where WWD could
access funds from the government.

3. DISABILITY: A Human Rights Perspective by Mr. Ranil Sorongon, Executive Director,


Autism Society of the Philippines and Member of the Phil. Coalition on UNCRPD

Mr. Sorongon the third speaker for the day distributed a one page document to the participants
before he started with his presentation. Participants should be able to identify whether the situation
is a medical model or a human rights model after he has finished his presentation.
He explained about disability often perceived from a medical point of view. The new and emerging
thought about Disability is – it is an interaction of the Person and the Society, which in interaction
with various barriers may hinder their full and effective participation in society on an equal basis
with others. He also stressed that our perspective is very important because it is the way how we
look at things or define them. Our orientation will greatly influence our actions. Mr. Sorongon also
discussed about the paradigm shift from a medical model to a rights based model which the
UNCRPD promotes. Disability should be taken from a human rights model means, providing
reasonable accommodation to PWDs in order to become productive. Persons with Disability are not
just beneficiary of charity works but should be treated as Rights holders. Person first Perspective,
Rights Holder.
People considered with Disability Include;
 Visually Impaired
 Hearing Impaired
 Physically impaired
 People with Down syndrome
 People with Autism
 Rare disease
 Taong Grasa – psychosocial disability
 Chronic Ilnesses such as HIV, Aids, Cancer
 ADHD (attention deficiency hyperactive disorder)
Different Models
 Medical model – old perspective which defines Disability as a problem of a person who
needs medical treatment

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 Functional Model – old perspective which defines person with disability as someone who is
not able to function in a society because of impairment
 Environmental model – new way of perceiving disability as caused by social/physical
environment that do not allow for difference
 Human Rights model – new way of seeing persons with disability who should enjoy the
same rights enjoyed by other people

New Way
A Paradigm shift from a person who receives charity to a person who holds right. A PWD being a
rights holder has the power to say what types of things she or he needs and not to be happy with
just any gift that he receives. A rights holder is also a decision maker for himself.
As Mr. Sorongon says “Rights are fought for and it is a process that we are now laying the grounds
so that next generation to come will hopefully reap what we sow.”
Person first perspective – rights holder
Claim holder of rights – PWD
Duty bearers – government employees
Anything that is not written is uselss
Rights maybe self evidence but is not executed

Comments and Issues raised by Participants:


 One of the participant from Makati asked if the State report submitted to the UN is updated
because women with disability are not included in the report.
 The State Report submitted to Geneva did not include Women with Disability because they have
not implemented any programs to Women with Disability. If at all there are movement in the
Women with Disability it is all because of the initiatives of the civil society organization like the
Women on Wheelchairs Leap to Social and Economic Progress the biggest organization of
Women with Disability in the Philippines.
 Women with Disability can not access rural health care services specially in the far flung areas
because of the inaccessibility of the health centers
 In the consultation process, women with severe disability should be included because they are
the ones with greater needs.
 The reason why we are doing the consultation meeting is to be able to show to the government
that we are serious in advocating for our rights being claim holders. And our reports will be
evidence based so that the International body will know the real situation of persons with
disability.

Day 2- February 1
The second day started with a prayer led by Joan Sotero from Gumaca, Quezon followed by the
recapitulation of what has been transpired on day 1 session by Venus Cadabonda from Nueva
Vizcaya.

Presentations

1. EQUALITY AND NON DISCRIMINATION by Ms. Carmen Zubiaga, member Philippine


Coalition on UNCRPD and Executive Director of the National Council on Disability Affairs
Ms. Carmen discussed that the UNCRPD is the first ever binding agreement with the government to
protect our rights and therefore we should feel the difference from where we were before and now.
UNCRPD should not only remain as a document but should be applied in our daily life such as in
school, transportation, marriage, relationship, workplace and social gatherings.
Article 5 of the UNCRPD discusses Equality and Non-discrimination particularly section 4 which says
“Specific measures which are necessary to accelerate or achieve de facto equality of persons with
disabilities shall not be considered discrimination under the terms of the present Convention.” –de
facto means rights that are inherent and are not written should also be respected.

Equality – participants share their thoughts on equality


 Society is unfair towards women with disability
 Women with disability should be treated equally
 During consultation all types of disability should be well represented like; severely disabled, deaf
and person with psychosocial problems

Discrimination – prejudicial
Types of Discrimination:
Distinction – women with disability are regarded differently or with special recognition
Restriction – recognizing women with disability’s participation but with limitations.
Exclusion – preventing someone from participating

Case Study on Discrimination


Several cases were presented and participants were asked to identify what type of discriminations
were experienced:
 Discrimination on Educational System
 Self discrimination
 Learnings is not gained in regular school because there are no SPED teachers
 Deaf are accepted in regular school but there are no sign language interpreters
 Family of persons with psychosocial problems should be the first one to take care of them.
 College graduate women with disability experienced discrimination at work. Even if they are
qualified for the job they are not accepted because of their physical impairment.
 Blind software is an extra cost for the company
 The Bureau of Internal Revenue is not reinforcing the tax incenctive for companies hiring
persons with disability.
 An experience of a WWD working in a call center which is not wheelchair access, she has to
leave the wheelchair in his locker room and transfer to an ergonomic chair to reach her station.
 A woman with disability has an experience working in an office but the office is located in the
second floor and she has to leave her wheelchair beside the stairs and crawl up to reach the
office.
 Woman with disability experience problem with transportation to reach their workplace, access
government services and health centers.
 To meet the labor market demand, there is a need for more skills training, capacity building. And
we should also be assertive and determined to fight for our rights. We need to be confident and
assertivenss should be tripled than non-pwds.
 One deaf participant shared her experience when she applied for work and the company did not
accept her because of her hearing impairment. Work places are not accessible for deaf even if
they pass the requirements and qualifications.

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of Gender Equality and Women Empowerment 7
 Parents of Women with disability are judging the future of their daughter because of her
disability. We should not tolerate this thinking instead we should initiate change on how our
family perceive disability.

2. Understanding the context of Situational Analysis by Ms. Ana Fe Maravillas

Ms. Ana Fe Maravillas presented how the Urban and Rural Setting respond to the UNCRPD by
sharing her experiences with their LGU. First they organized themselves and called their group as Las
Pinas Persons with Disabilities Federation Inc. or LPPWDFI with the support of their MSWD and
inspired by the Makati Persons with Disabilities Federation. They have 15 associations in Las Pinas
City and actively working together to lobby with their Local Government Unit and to the Barangay.

Ms. Maravillas encouraged the women with disability to start lobbying with the barangay unit first
before going up to the municipal, provincial and national level because the Barangay is the first
entry point to tap support from the Government. She has shared the lessons learned during their
partnership building with their LGU. To wit:
2.1 Women with disability organizations should acknowledge that the DSWD is their strongest ally
so that they have strong support in lobbying with the mayor or with the barangay captain.
2.2 Participate and join Barangay annual investment plan and lobby for the inclusion of the
organization’s projects and activities in this plan.
2.3 Women organization leader should know how to establish connection with a person from the
barangay who can be their supporter or a friend to the organization
2.4 Develop women leaders in different barangays
2.5 Women organization should establish close coordination with secretary of local chief executives.
2.6 Compel members and leaders to participate in seminars, trainings conducted by the barangay
and the LGU, be visible to the mayor and barangay captain.
2.7 Capacitate yourself on the different laws on persons with disability which you can use in your
lobbying exercises so that the local executives will be convince that you know the legal basis of
what you lobby.
2.8 Documentation of projects and activities
2.9 Compliance to reportorial requirements

Women with Disability VISMIN Regional Consultation on


United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Cebu City
February 10-11, 2013

Day 1- February 10
Opening Ceremonies
 Opening Prayer by Ms. Clora Clarin, President of PWD Organization, Cordova, Cebu City
 Welcome Remarks by Ms. Jocelyn Garcia
Ms Joy gave the welcome remarks thanking everyone for participating in this very important
activity in the sector which is the regional consultation and specifically women with
disability thru the initiatives of the members of the Philippine Coalition on UNCRPD.
Ms Joy asked the participants to introduce themselves and the organization they work with
and their involvement with women with disability. A total of 40 women leaders participated
in the consultation (please find attached registration).
She also gave a rundown on the program for the two-day consultation. There will be a
workshop and metacards will be distributed so that everybody gets the chance to share
their thoughts. An open forum will be conducted right after the presentation of each
speaker.
One of the participants is Mayor Garin from Guimbal, Iloilo who will share her experiences in
the LGU as mayor.
Profile of participants from the Visayas and Mindanao
 Involve in the barangay, municipal and provincial level
 Reforestration of mangroves in Misamis
 Head of the Provincial Federation of women and has organized 12
organization in Cordova, Cebu
 Involve in the implementation of RA 9442 and the rights of women with
disability in Lapu-Lapu city
 Davao LGU support to persons with disability is very strong and we can
easily access their programs and services. We are lucky in Davao
 One of the participants from Guimbal, Iloilo is a bookkeeper and another
one is barangay kagawad, another one is focal person for PWD working in
the office of the MSWD
 Mayor Garin from Guimbal Iloilo expressed her thanks that she was invited
because she is still learning on disability issues. She also said that in
Guimbal, they are still starting to organize persons with disability and they
are still in the infancy stage and by participating in the consultation meeting
together with her constituents they will surely learn more to equip them in
advocating and lobbying on the rights of PWDs.
 President of different Association of Women with Disability in Mindanao
and one otheir focus now is to alleviate the economic condition of PWDs.
 Another participant is a volunteer interpreter and radio commentator and
sits in the Board of Freedom Technology in Cagayan De Oro
 One participant who is visually impaired says its her first time to be in a
women’s group she is more involve in low vision and sits as board in the
Philippine Blind Union where she is the chairperson on commission of
women with visual impairment.
 A graduate from American University in Washington and she is involve with
the Federation of Persons with Disability in Region VI, Roxas City and she
also sits in the LPRAT Bottoms Up Budgetting for 16 municipalities in Capiz
the only women with disability . Presently she is facilitating the
establishment of PDAO in Capiz and she would like to establish women with
disability group in coordination with Ms. Joy. Unfortunately her LGU is not
supportive on PWD organization.
 Most of the participants are heads of women with disability organization
and actively involve in the promotion of the rights of women with disability

 Workshop Overview and Objectives by Ms. Carmen Zubiaga


Ms. Carmen gave the overview of the consultation meeting and discussed the reason
behind. She said that there has been an ongoing consultation with the sector in different
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 3
of Gender Equality and Women Empowerment 9
regions because the government will be submitting a state report on the implementation of
the UNCRPD and therefore the sector should also come up with a parallel report to validate
the state report of the Philippine government.
She further explained that the Philippine government has ratified the UNCRPD in 2008 and
we want to know from the grassroots level thru this consultation what has been done
during the last two years since the entry into force of the UNCRPD.
Disabled People’s Organization formed a coalition and planned out on how to really come
up with a good and factual report on UNCRPD through consultation meeting with cross
disabilities. There is also a special consultation with parents of persons with autism, persons
with intellectual disability and downsyndrome..
Why women? Women with disability has unique needs that can not be identified with any
cross disabilities.
 We need support group as a mother and as a woman
 We need support services in the community for domestic violence
 Women with disability were brought up with strong character but majority
of them are living with very protective parents to the extent that we are not
allowed to get married because of the stigma that as a woman with
disability we can not take care of our husband and we can not rear a child.
 Women with disability is the least priority in the family, most often
parents give priority support to a family member who can work and who
can help in the family income.

 WOWLEAP has really made an effort to push thru the membership and
expand in every region long before the entry into force of the UNCRPD by
conducting women’s forum and thru this exercise, WOWLEAP was able to
bring out the best in women with disability and many have emerged leaders
of their own community.

 What has the government been doing to uplift the lives of women with
disability?

 Are they included in the Gender and Development program? Participants answered NO
 Do they avail of free pap smear, free reproductive health services? Participants answered
NO
 Is there a representation of women with disability in the national movement of women? NO
 Is there a ready information about women with disability? Participants answered NO

Ms. Carmen explained that women with disability should be actively involve in the local
development plan starting from the barangay level and quoted article 6 of the UNCRPD.

Article 6 of the UNCRPD says that;


“States Parties recognize that women and girls with disabilities are subject to multiple
discrimination, and in this regard shall take measures to ensure the full and equal
enjoyment by them of all human rights and fundamental freedoms”
“States Parties shall take all appropriate measures to ensure the full development,
advancement and empowerment of women, for the purpose of guaranteeing them the
exercise and enjoyment of the human rights and fundamental freedoms set out in the
present Convention.”
Presentations
1. SITUATION OF WOMEN WITH DISABILITY by Ms. Jocelyn C. Garcia, President WOWLEAP
The first presenter on day 1 was Ms. Jocelyn Garcia who presented the Women with Disability
Situationer. According to World Health Organization report, 15% of world’s population are persons
with disability and despite the large number there is no accurate data on women with disability.
1.1 On Economic Development
Women with Disability’s usual livelihood is managing a sari-sari store and hog raising hence,
the government should employ tailored intervention like; establishment of work centers.
Thru the passing of the social enterprise bill covering the 14 basic sectors we are looking at a
brighter future when this will finally become a law which will complement the EO 417
institutionalizing the economic empowerment of the marginalized sector where we belong.
Presently the PWD leaders are working on the IRR of EO 417 because we want to strengthen
the economic policy for women with disability.

LGUS have the highest requirements of different supplies and services so WWD organization
should know how to access this opportunity like the 10% as stipulated in EO 417. However,
we also need to have track record that our organization has had transacted huge purchases
from the LGU to vouch our credibility.

1.2 On Capacity Building and Skills Training

Skills of women with disability do not meet the labor market demand the reason why many
of them are still unemployed. We therefore recommend that more capacity building be
provided to upgrade their skills and capabilities to meet market demand in the regular
workforce.
Women with Disability should also access working capital or start up capital for their
business if they have entrepreneurship skills. Let us push the LGU to upgrade the trainings
conducted to PWDS.

1.3 On Social Protection


The PWD leaders are working out with the National Council on Disability Affairs for the
provision of health insurance to all persons with disability likewise, we are also lobbying for
an assistance for Personal Assistant for severely disabled who can hardly move around by
themselves.

1.4 Women Leaders are working to change the attitude of duty bearers
The LGU do not assist the organization of PWD or any complain of discrimination and if the
rights are violated unless we are backed up by a strong organization or the NCDA. Given that
fact, we as leaders should work to change the attitude of the duty bearers by knowing our
rights.

1.5 Career Path Promotion of Women with Disability

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 4
of Gender Equality and Women Empowerment 1
 Supported employment – the LGU should coordinate with the business sector for
the employment of women with disability.
 Transition to Work Program – the LGU should appoint the PESO to undertake this
program in its office to facilitate the entry into regular workforce of a woman with
disability which includes social preparation, provision of accessible transport
system, availability of sign language interpreters, brailled print outs.
 Job Coaching – the LGU thru the PESO office should assist the woman with disability
by assessing her capabilities thru job skills matching.
 All these efforts are necessary because some women with disability are not ready to
be mainstreamed like; they have no wheelchair, they get bed sores easily if they
don’t sit on a right cushion. Persons who are hard of hearing need hearing aid.

1.6 On Reproductive Rights of Women with Disability

 WWD have the right to have a child


 WWD have the right to plan a family
 WWD have the right to be a member of a national movement for women
“Article 23 – requires states to eliminate discrimination against persons with disabilities in all
matters relating to marriage, family, parenthood, and relationships, including in the areas of family
planning, fertility and family life.”
“Article 25 – requires that states ensure equal access to health services for persons with disabilities,
with specific mention of Sexual and Reproductive health and population based public health
programmes”
During the focused group discussion, the participants validated the situationer presentation by the
speaker
2. INTRODUCTION ON THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES by
Ms. Joy C. Garcia, President, WOWLEAP
The Philippines is the 23rd country who signed and ratified the UNCRPD in 2008 and entry into
force on May 3, 2008.
The Philippine government promises to take action to end discrimination based on disability.
Therefore we need to educate the public, duty bearers and stakeholders. Involve persons with
disability in decision-making. We as the beneficiary of the UNCRPD should be vigilant that the
laws are strictly enforced, our rights are protected because we are rights holders and
government employees are duty bearers. We need to tell the United Nations what the
government is doing for PWDs. The Philippine government signed because they committed to
make some changes in PWD situation.
Ms Joy then asked the participants the meaning of advocacy and participants gave the following
answers:
 To inform or pagpapaalam
 Promote awareness, advertise
 Influence the duty bearers
 To reach out
 Speak for oneself and for the issues of others
We need to make societies change. Advocacy provides a way to do this.
 Change your life –educate yourself and your family
 Change your community – educate your community
 Change your country – educate your country
Report on progress – gathering information to help solve human rights
problems is called monitoring. Information is used to show how countries
are treating persons with disabilities. And also expose human rights abuses.
Human rights abuses occur when people can not enjoy their human rights.
For instance not being allowed to go to school is a human rights abuse.
Ms Joy further asked the meaning of lobbying;
 To negotiate
 To come up with proposals to lawmakers
 To effect changes on PWD situations

We have the right to be treated as equal citizens, thus we have the right to safety. Safety at
home, at school at the hospital and everywhere. It is not our disability that puts us at risk
rather it is the attitude of the abusers. We have the right to choose where to live and what
school we want to go to. We have the right to work and choose what kind of work we want
to do. We have the right to marry and have children and we have the right to vote.

We have the right to Privacy – our personal assistants or helpers should not divulge our
secrets in respect to our individual rights.

We have the right to be included in our community – we have the right for independent
living thru the provision of personal assistants specially to severely disabled. We have the
right to work, education and avail of health services.

What HUMAN RIGHTS can do?


 Help us respect ourselves and our abilities
 Help us change our lives and communities for the better
 Allow us to say “This is a human rights abuse” when people with disabilities are
treated badly
The situation is changing because we have the CRPD. This law says we have human rights,
Now people with disabilities need to claim their human rights. So they can enjoy them.

3. DISABILITY: A Human Rights Perspective by Ms. Carmen Zubiaga, Executive Director


National Council on Disability Affairs
Ms Carmen explained about Disability which is an interaction of the Person and the Society. Persons
with disability are subject of charity but we have to change that perception as we are right holders-
we have the right to access government funds, thus, the state should help us enjoy our rights.
Person First Perspective, Rights Holder.
People considered with Disability Include;
 Visually Impaired
 Hearing Impaired
 Physically impaired
 People with Down syndrome
 People with Autism
 Rare disease
 Taong Grasa – psychosocial disability
 Chronic Ilnesses such as HIV, Aids, Cancer

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 4
of Gender Equality and Women Empowerment 3
 ADHD (attention deficiency hyperactive disorder)
Different Models
 Medical model – old perspective which defines Disability as a problem of a person who
needs medical treatment
 Functional Model – old perspective which defines person with disability as someone who is
not able to function in a society because of impairment
 Environmental model – new way of perceiving disability as caused by social/physical
environment that do not allow for difference
 Human Rights model – new way of seeing persons with disability who should enjoy the
same rights enjoyed by other people

4. GENDER AND DEVELOPMENT by MS. CARMEN ZUBIAGA EXECUTIVE DIRECTOR, NATIONAL


COUNCIL ON DISABILITY AFFAIRS
SEX - refers to biological characteristics of being a man or woman. It refers to reproductive
organs, body contours, genitals, hormones, genes, chromosomes
GENDER – what makes one masculine or feminine, culturally determined, learned or
expected behavior, changes across time.
Role of Women with disability has limitations because of disability
MANIFESTATTIONS OF GENDER BIAS Marginalization
 Lower wages; unequal pay for work of equal value
 Last hired, first fired
 Little or no access to loans
 Limited access to training and promotion opportunities
 Lower salary scales for women-dominated positions
 Takes care of everyone else first
SUBORDINATION
 Less women in elective or appointive positions
 Women in lower positions in the bureaucracy
 Few women in policy – making level
WOMEN with MULTIPLE Burden
• Children and household responsibilities shouldered mainly by women on top of working
hours outside the home
• Women portrayed as homemakers/temptress
• Assigned in weaker role
DEVELOPMENT - is the capacity to do certain things and the capacity to be
what one wants or could become
1. The Ability to provide for basic necessities
2. The ability to become persons with dignity and with high self esteem
3. She exercises freedom and responsibility THE EXERCISE FREEDOM AND RESPONSIBILITY
CAPACITY TO DO
 DO PRODUCTIVE AND SATISFYING WORK
 HAVE CONTROL OVER ONE’S INCOME
 ENJOY NATURAL ENVIRONMENT
 PROCREATE AND REAR CHILDREN
 TRAVEL IN SEARCH OF OPPORTUNITIES
GENDER IS A KEY AND A CRITICAL DIMENSION TO DEVELOPMENT
FACTS ABOUT WOMEN WITH DISABILITIES
Women with disabilities are the poorest of the poor around the world.
In every sphere of life, women with disabilities in the developing world experience a triple
bind: they are discriminated against because they are women, because they are disabled
and because they are from the developing world.
There are few educational opportunities for disabled girls. When there are opportunities for
education, in special schools, boys usually receive them.
Women with disabilities experience a high incidence of abuse--physical, emotional and
sexual. Since most disabled women are hidden away in homes, this often happens within
the family.
Many women are disabled due to the practice of female circumcision and infibulation in
parts of Africa, Asia and the Middle East. Women are disabled with urinary and
gynecological infections, fistulas that prevent walking and through trauma induced by the
procedure.
The unemployment rate for disabled women in developing countries is virtually 100%.
Women with disabilities have been forming their own self-help groups in their countries and
at the world level.
GAD at the LOCAL LEVELS – attaining sustainable development, carrying out the local
mandates governing GAD, practicing good local governance
 More Effective
 More Efficient
 More Equitable
LEGAL BASES
 Section 14, Article II of the 1987 Philippine Constitution
 Republic Act 7192 (Women in Development and National Building Act)
 Philippine Plan for Gender Responsive Development (PPGD) (1995-2025)
 Framework Plan for Women (2001-2004)
 Local Government Code (Basic Services)
 Section 28, General Appropriations Act of 1995 to 2000 (GAD Budget Policy)
 Executive Order 273 directing all national and local government agencies to
institutionalize GAD
 Local Budget Memorandum 28 (5% GAD Budget)
Workshop
In all articles identified in UNCRPD, what priority issues they should focused on, considering the
realities they were facing in their own localities. What are the barriers in implementing the same
and their recommendations to conquer the barriers

Issues Observations

Right to be Safe in the There is inclusive development and good governance in Opol
community Women with disability are safe.
We get equal treatment from the LGU
Discrimination
Right for Inclusion in One PWD was not allowed by her parents to go to school because
the community according to the parents she can hardly learn
Weak implementation
of Laws We get good treatment from our community, people don’t talk about us
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 4
of Gender Equality and Women Empowerment 5
Economic nor ridicule us, we get equal treatment.
empowerment
Disaster Preparedness The Law on PWDs are very empowering but in reality, PWDs are not really
accepted, Laws are not implemented strictly.
Reasonable
accommodation There is a need for a sheltered workshop for PWDs

Disaster preparedness training should be conducted so that women with


disability can save herself in times of disaster

Discrimination from Rescuers should know how to care women with disability in times of
employment disaster specially in evacuation areas where wheelchairs are not accessible

Awareness raising Non-provision of aisle chair in Zest air and Cebu Pacific/non availability of
assistive devices
Right to Privacy
Letter of complain should be filed to Cebu Pacific and Zest Air, attach copy
on the provisions for accessibility and laws on CRPD

Follow up the case and closely monitor the airline company if they have
complied

One participant experienced discrimination from working in the


government office.

There should be orientation about the rights of persons with disability in


government offices and educate them on UNCRPD

Caregivers and Personal assistants are abusing severely disabled by stealing


their personal belongings and saying other people about their private lives.

Intensify training for caregivers and personal assistants

I am a battered wife. Strengthen advocacy on women with disability on


VAWC, violence against women and children

Parents are over protective


Seminar on early intervention and educate parents regarding children with
disability.
There are no sign language interpreters during court hearings hence, deaf
women could not be understood.

National Examinations should be available in Braille for the visually


impaired examinees

Ramps for wheelchair are too steep it is not safe to use


WWD inclusion in Disaster Risk Reduction Management Drill

Sidewalks are not safe for women with disability

Blinking lights should be provided in the elevators/malls to signal


emergency for the deaf people

Some siblings and parents of women with disability read messages in their
facebook account which violates their right to privacy

Some women with disability can not make decision particularly in the
matters of the heart which deprives them the right to establish relationship

Family members of some women with disability are ashamed to introduce


PWD members to their friends

Lack of preparedness on the part of Women with Disability to apply for


vacant positions

Skills training and capacity building of WWD

Lack of healthcare programs for WWD and some small hospitals or clinics
do not have accessibility features

Intensify lobbying and advocacy efforts to duty bearers


Lack of government support on Personal Assistants
Support the lobbying of Independent living Bill
EDUCATION Teachers in regular schools are not equipped enough to handle WWD
specially those with intellectual disability in a regular class
There should be skills training for teachers on handling Persons with
Disability
PWDs can hardly go to school because the school has no access features
EMPLOYMENT like ramps, grab bar and accessible toilet.
The mayor in our LGU started hiring PWDs to work in the municipality
Six persons with disability were hired in the Municipality of Opol. Skills
training and scholarships were given to persons with disability
There is a free check up and free medicines given by the Mayor of Opol
Mayor Yasay
There should be SPED school so that PWD can go to school
Provision of Philhealth
Provide special care to pregnant women with disability in the center
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 4
of Gender Equality and Women Empowerment 7
5% provision for PWD workers in private and public company should be
implemented so that PWDs can have job
Provide livelihood so that PWDs can be independent
Capacity building to enhance self confidence as early as primary school to
be included in SPED program
Highways are not safe, no marking lines on the stairs, no large prints
signages and transportation are not safe for visually impaired
Lack of assistive devices for the blind
There should be an annual check up for persons with disability for free
Establish more training centers for independent living
Capabilities of PWDs are disregarded due to “pleasing personality”
requirement
Women with Disability cannot afford the annual physical examination for
early intervention and detection. Health care providers do not understand
that WWE need regular check up like anybody else
SPED centers are only established in urban areas
Tertiary level education schools do not accept persons with disability
because of non availability of sign language interpreters and Braille prints.
For reasonable accommodation, make available rooms for PWD students
Provision of a reader for blind exam-takers
Sign language interpreters be made available for the deaf
Put Signages on the loading and unloading for PWD passengers
Conduct training on sign language to the front liners like the police, duty
bearers, private and public workers, teachers, legal workers
WWD should be involve in the access audit, monitoring of infrastructure
projects of the DPWH and advocate for the rights
Building permits should not be released unless PWDs have inspected and
actually tried the access features of the new building
Lack of information regarding sports and recreation that women with
disabilities can participate in
Make available linkages and networking with sporting organizations
PWDs should also have a paradigm shift from being receivers only to being
part of progress and nation building
Educate persons with disabilities
In our municipality, there have been changes like the presence of ramps
accessible toilet grab bars because of the Mayor’s help and other
organization.

Our community used to see PWDs as illiterate people but now because of
the strong advocacy and awareness raising our community has change and
respect our rights
PWDs in our community are joining sports because we were encouraged by
our mayor
The NHE project of JICA has helped change the views of the people towards
PWD in the municipality of Opol, in addition we also now have the PDAO
office
Media should have a positive portray of persons with disability
PWDs should be recognized in their contribution in the society
Non-handicapping environment promotion in rural areas
Political participation by exercising the right to vote and be voted upon.
Increase Women legislatures in the congress
Active participation of WWD in talent shows, sports and recreation
Trainings and budgetary expenses denied to PWD athletes
Society’s outlook on PWDs somehow change from charity based to rights
based.

5. Equality and Non- Discrimination by Atty. Jessica S. Magbanua


Types of Discrimination on the Basis of Disability:
1. Distinction- to differentiate ; give spcial regard or recognition.
2. Restriction -to limit or put boundaries.
3. Exclusion- to reject, prohibit or prevent from participation.
Two types of Discrimination
Direct (intentional )- for purpose
Indirect (unintentional) - for effect

6. LGU Best Practices by Doc. Maureen Mata


Doc Maureen Mata gave a brief background on how the Makati Persons with Disability
Federation was realized and she shared their humble beginnings when the first Makati PWD
Congress was organized in August 2004. With the assistance of the Municipal Social Welfare
Department, other Barangays organized PWD self help groups.
In JUNE 2006, MAKATI PWD FEDERATION, INC. was registered with the Securities and
Exchange Commission with the following objectives:
• To integrate all the PWDs in the City and promote their rights, welfare and development.
• To contribute to the attainment of the vision of Makati City.
• To serve as the umbrella organization of all PWD groups or associations in Makati City. It
acts as a recognizing and accrediting body of PWD group in Makati and designs a continuing
education program for PWDs on issues and laws affecting PWD.
• To advocate for the passage of local legislations that address issues and concerns affecting
the PWD sector.
• To establish linkages and partnerships with government agencies and non-government
organizations (NGOs) to uplift the economic and social well-being of PWDs.
• to provide responsive programs and services geared towards the improvement of the
general well-being of PWDs of Makati City.
The membership is open to all officially accredited PWD self-help groups (PWD-SHGs) to the
Federation in every barangay whose members are PWD, PWD relatives or duly designated
guardian of a person with disability. The Federation’s major thrusts are:
• Advocacy
• Capability building
• Networking
• institutional strengthening
As partner with the City Government of Makati:
• The Federation actively participates in the implementation of its PWD programs and
projects.
The Constitution and By-laws of the MPWDF was ratified and the registration of the MPWDF
with the Securities and Exchange Commission (SEC) was undertaken.
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 4
of Gender Equality and Women Empowerment 9
32 Out of 33 barangays of Makati City has PWD chapter/Self-help groups organized and has
their own desk of office in the barangay level
Makati Social Welfare Department, Makati Health Department, Department of Environmental
Services, and the Makati Training Placement and Livelihood Consortia (MTPLC). Likewise, it
maintains its networking with National Government Agencies (i.e., Department of Education and
TESDA), the Church, private sectors

BARANGAY LEVEL
• participate in formulating gender-responsive plans, programs and projects of the barangay
Annex D
FOCUS GROUP DISCUSSION

A  Quick Study and Rapid Assessment on the


Conditions Faced by Women and Girls With
Disability in the Context of Gender Equality and
Women Empowerment

May 20, 2013, 8 AM to 5 PM

National Council on Disability Affairs


NCDA Building, Isadora Street, Barangay Holy Spirit, Diliman, Quezon City, Philippines 1127

Facilitators: Jerome Zayas and Joy Garcia

Documenter: Maria Criselda Bisda

LIST OF PARTICIPANTS

1) TIFFANY DELLOMAS, Rehabilitation Staff, Resources for the Blind Inc.


2) RACHEL AMASAN, Guide, Resources for the Blind Inc.
3) JEMUEL JAPSON, Interpreter, Filipino Interpreters Network
4) DINDO PARULI, Interpreter, Filipino Interpreters Network
5) VIRGIE MONTILLA, Admin Staff, Tahanang Walang Hagdanan Inc.
6) JOY GARCIA, COO, Tahanang Walang Hagdanan Inc. and President, WOW-Leap, FGD Facilitator
7) JOSEPHINE DE VERA, President, Katipunan ng Maykapansanan sa Pilipinas Inc.
8) CHIT SINGAYAN, SEPS-OIC Assistant Chief, Department of Education
9) JUNICE MELGAR, Executive Director, Likhaan
10) HONEY CASTRO, Project Officer 4, Presidential Commission on Women
11) MARIA CRISELDA BISDA, Documenter, Persons With Disabilities Advocating for Rights and
Empowerment (PARE)
12) REYNALDO REFRAN, Guide, Nationwide Organization of Visually-Impaired Empowered Ladies
13) MAUREEN AVA MATA, Member, WOW-Leap
14) MA. LUCIA MAGALLONA, Faculty Member (Physical Therapy), UP Manila College of Allied
Medical Professions
15) CARMEN R. ZUBIAGA, Executive Director, National Council on Disability Affairs
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 5
of Gender Equality and Women Empowerment 1
16) JEROME ZAYAS, Principal Investigator FGD Facilitator
17) JO DESPI, Staff, National Council on Disability Affairs
18) MATEO LEE, Deputy Executive Director, National Council on Disability Affairs

DISCUSSION PROPER

MORNING SESSION

Carmen Zubiaga was asked to deliver the welcome remarks.

Carmen Zubiaga (NCDA): I’m very happy that NCDA is part of the Country Gender Assessment
study. There are a lot of women issues especially with women with disabilities (WWD). When we
founded WOW LEAP, we tried to attend to the issues of WWDs, but apparently nobody wants to
support our cause. We tried to focus on economic empowerment and discovered along the way that
women with disabilities have basic needs that require higher attention. When I got back to the
Philippines from a work assignment in another country, there were very few women with disability
participating in social activities. Mainstream women’s organizations and even disabled people’s
organizaions are not carrying the issue of women with disability. But over the last 10 to 12 years,
there are more women with disability who are coming out and making their presence felt in
consultations and other activities by the disability sector. I hope that this Country Gender
Assessment will be beneficial. This evidence – based study will be a good ground or basis of a lot of
opportunities for development and in addressing issues of women with disability. Thank you to
Australian Aid, WOW LEAP, and Persons with Disabilities Advocating for Rights and Empowerment
(PARE).

Joy Garcia (Lead Facilitator) requested all participants to introduce themselves and the
organizations they represent. After which, she formally opened the program by asking Jerome Zayas
to conduct a presentation about the Thematic Paper on WWD for the 2012 Country Gender
Assessment. In between the presentation, participants shared ideas and comments, as follows:

Junice Melgar (Likhaan): Responsible Parenthood Act also talks about outreach programs, PWD
friendly lavatories, sensitizing health workers about disability should be done and should be given an
attention to. The law talks also about PWD health care. She admitted that she has been largely
unaware of the issues of women with disability until only recently when they started being engaged
in disability fora and meetings.

Maureen Ava Mata (WOW-LEAP): During my clerkship, I experienced a lot of discrimination and
negative perceptions from my peers. One of our supervising doctors asked me to lead the delivery of
a pregnant patient. He told me that if I would be able to do the extraction of the infant successfully,
he would return my crutches. I was told that I was accepted in the medical school not because of the
merits of my intelligence hence, I was pitied because I have a disability. Years went on, and I was
able to successfully lead the deliveries of PWD mothers and have tried to prove my peers wrong.

Junice Melgar (Likhaan): When you talk about reproductive health, medically, a patient may die
while giving birth.
Jerome Zayas added that in all sections in the laws on disability, no mention of women or anything
about women and girls. The inter-agency reports on VAWC being coordinated by the Philippine
Commission on Women (PCW) contain no data about women with disabilities. Commission on
Human Rights (CHR) expressed interest to capture data about women with disability but they don’t
know how. Capturing disability data requires a different skills set and the right tools.

Honey Castro (PCW): We (PCW) are just a policy making and coordinating body. We rely on
secondary data given by PNP or DSWD. The interagency reports on VAWC only cover violations of RA
9262. That’s one of the reasons why we don’t have data on women and girls with disabilities.

Josephine De Vera (KAMPI) : We focus on women with disabilities especially those who are victims
of crimes. Like deaf women for instance. It’s hard to interview a deaf victim at the NBI without an
interpreter. All regions must have an interpreter. I’m happy that there’s a study like this (referring to
the Thematic paper on Women and Girls with Disability) so we can dissect where the problems are
coming from, and why the problems are not being attended to.

Maureen Ava Mata (WOW-LEAP): A girl with autism from our area was raped. In the barangay
report, no mention on disability or type of disability. It mentioned only age, gender and what
happened but no mention on disability at all.

Joy Garcia (Lead Facilitator): It’s hard when the PWD victim has intellectual disability. They are
often thought to be the one seducing the perpetrators. As a result, the PWD victim becomes the
ones who are thought to have provoked rape. Wrong or traditional beliefs about WWD not being
allowed to get married and get into relationships, is happening not just in the provinces, but even
here in Manila. It is still happening even in this modern age.
Tiffany Dellomas (Resources for the Blind): I have visited a lot of blind persons in our CBR program
in a lot of provinces, a lot of BLIND AND LOW VISION PERSONS are kept at home, not allowed to go
to school. Caregivers still bathe their PWD members. PWDs are not independent.

Virgie Montilla (Tahanang Walang Hagdan): TWH also experience the same in our CBR initiatives.
We found somebody who was raped and has an intellectual disability.

Lucia Magallona (UP-CAMP): it is the attitude of the people. We have to begin teaching
kindergarten, revise the K12 program, and make it an inclusive curriculum where subjects or matters
about persons with disabilities are included. It’s a baby step, but we have to join hands in making
this happen.

Joy Garcia: Your suggestions were also mentioned in NDPR week. Why don’t we invite other
sectors, so that they would understand better our causes? Invite private or business sectors during
our gathering or consultations so they can directly feel and see the causes we fight for.

Chit Singayan (DepEd): Why don’t I hear inclusive activities of organizations in provinces? Usually it
is only here in Manila. I do not know anything in the provinces.

Virgie Montilla (Tahanang Walang Hagdan): There are circulars brought down to local
government units, to the barangays and to other provinces. It’s hard for PWDs in the remote areas.
Often, they are unable to participate because of lapses with the communication from national to
local government.
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 5
of Gender Equality and Women Empowerment 3
Josephine De Vera (KAMPI): There are budget allocations, but these are being diverted to other
projects, that’s why PWD events have no adequate funding. There is a budget for PWDs but it is not
being programmed. It is always giving out T-shirts, food and other dole outs whenever you write to
government agency for additional funds.

Maureen Ava Mata (WOW-LEAP): In Makati, the budget will not be approved unless there’s a
program for PWDs in place. Barangay of Makati work hand in hand with their DPOs.

Joy Garcia: Programs are normally based on the official or mayor who is seated. If the government
official has programs and concerns with PWDs, then there will be one, but if not, no PWD program is
developed. That’s why it’s also hard for PWD orgs or DPOs to push for a project because it also
varies with the person elected in the post.

Jo Despi (NCDA): NCDA is not the only one bringing down the directives to local government. Even
NCDA is having difficulties obtaining a budget particularly for WWDs because it’s something new to
LGUs and they only know of PWDs in general, a sub sector like WWD is very new to them. Men with
disabilities (MWD) are questioning why WWDs are separated especially in requesting for budget
support.

Maureen Ava Mata (WOW-LEAP): In Makati, we push women projects through women’s watch
coinciding with women’s month. That’s why we get a budget.

Joy Garcia: DILG is now launching a project where they search for the most socially responsive LGU
especially to the PWDs.

Maureen Ava Mata (WOW-LEAP): I don’t think there is a socially responsive PDAO but there is GAD
responsive PDAO which is in Makati.

Joy Garcia: Why do we have to check the problems of men with disabilities? If they have issues,
then they have to fight for it the way we do. WWDs experience a very difficult situation to get
employed. We can cite as an example the call center industry. There are more men with disabilities
who get more job opportunities because they can travel at night using motorized wheel chairs or
motorcycles. Whereas with WWDs, they would have to always hire a cab which is too expensive.
WWDs are also more vulnerable when going to work, especially late at night.

Josephine De Vera (KAMPI): It seems that foreign employers prefer to hire PWDs. My German boss
asked me to look for other PWds to become employees. We were 26 PWDs back then. It is the
loyalty of a PWD employee that foreign bosses love about PWDs.

Junice Melgar: Which government agency is in charge of the development framework for persons
with disability?

Joy Garcia: It’s NCDA that’s the lead agency however it is very important that other government
agencies have their own PWD related programs. All government agencies must also have their own
planning about persons with disabilities, especially that UNCRPD is now here. Another problem is,
there’s no benchmark for government studies. Philippine coalition on UNCRPD is conducting their
own studies and datagathering of PWDs so they can check the role and efforts of government to
PWDs.

Jo Despi (NCDA): NCDA is a policy making body which partners with DOLE, DSWD, DILG and other
agencies which are bound to create program for PWD. NCDA is the over all secretariat and
monitoring agency to check if other agencies follow the law and do programs for PWDs.

Joy Garcia: GAA 1% is the total budget for PWD and senior citizens. This is the allocation for
persons with disabilities.

Honey Castro (PCW): We have also seen entries from DSWD that they have programs for PWDs. But
there’s no analysis yet as to where the budget went, what type of programs did they channel this
too. It’s not clear whether programs for PWDs in general are responsive to women with disabilities.
PCW is like NCDA, we are also policy making and monitoring body. Under President Aquino , there’s
a WEDGE program (women and development for gender and equality) which was launched.

Joy Garcia: A lot of agencies are now planning for inclusive programs for PWDs, like the DOH which
consulted the PWD sector for their five year plan.

Virgie Montilla (Tahanang Walang Hagdan): WOW-Leap and TWH are part of the consultative
body when the WEDGE program was created.

AFTERNOON SESSION

Junice Melgar (Likhaan): Census should provide guidelines on how they did the survey of PWDs.
There is a need to increase the credibility of statistics.

Krissy Bisda: First, they have to define Disability. Disability is not just sensory, it includes, chronic
illness, psychosocial disability, internally displaced persons, Learning disability etc. If this will be
defined and based on a standard measure, for sure the population rate that will be obtained would
be higher and be more reliable.

Joy Garcia: Regarding the definition of disability, I was part of the FGD with DOH regarding
disability definition. PWD sector does not agree on the latest census report about the accuracy of
PWDs in the Philippines. We were never visited by the census enumerators in Rizal.

Josephine De Vera (KAMPI): One of our ways to know the PWD population is through issuance of
PWD ID. But I’m not saying that this is an effective way of checking the population, but in a way it
gives you something at least.

Jerome Zayas: One tool that we could use in better capturing disability data is through the ICF
developed by the World Health Organization. The University of Melbourne developed another tool,
the Rapid Assessment of Disability, which they used in Fiji and Bangladesh.

Junice Melgar (Likhaan): Magna Carta for Women is very powerful , it’s unfotunate that WWDs are
not there or has no separate section.

A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 5
of Gender Equality and Women Empowerment 5
Maureen Ava Mata (WOW-LEAP): We have submitted a paper published sent to China about
women with disabilities related to article 6 of UNCRPD. Magnacarta of Women is welfare by nature
in comparison to UNCRPD.

Joy Garcia: The PWD sector is lobbying for rights – based approach and trying to abolish the needs –
based approach. When the rights of women with disabilities are not mentioned, it is not meeting
their needs. DSWD’s defense is, they are changing their mindset. They have developmental and
livelihood projects now for PWDs and no longer for welfare or subjects for welfare alone. PWD
sector lobbied for CCT for PWDs, now we have modified CCT for PWD.

Virgie Montilla (Tahanang Walang Hagdan): DSWD has now an evolving mindset about PWDs.
From welfare to empowerment. DSWD used to treat PWDs objects of charity. It is important that in
every discussion or consultation, DSWD must be present so we can better influence them.

Maureen Ava Mata (WOW-LEAP): Is there a way to amend the Magna Carta of women?

Honey Castro (PCW): Even if the Magnacarta of Women has been established last 2009, it is not
still fully implemented. Instead of amending the Magna Carta of Women, it may be better to amend
Magna Carta for Disabled Persons (Republic Act 7277), then put a specific sections for women with
disabilities that has gender lenses. In terms of sending nominees to the PCW Board, I would suggest
that the PWD sector send a recommendation to President Aquino.

Junice Melgar (Likhaan): Gender means balance and equality. The law covers even women.

Joy Garcia: To do amendments, lobby and create a position statement. We need to emphasize and
highlight the needs of persons with disabilities especially WWDs, even if there are already things
that are written for person with disabilities.

Jo Despi (NCDA): Leaders are often patriarchal especially in the provinces. It’s really hard for
women to speak or voice out their concerns. Women can’t speak for themselves, “sisikuhin lang ng
asawa, hindi na magsasalita.”

Lucia Magalona (UP-CAMP): When we do amendments there’s really a need to mention women’s
rights or policies. We have to align it with UNCRPD especially for women. Even if it’s “persons” it
doesn’t cover women.

Chit Singayan (Dep-Ed): If we are fighting for inclusion or equality, we should not mention or
highlight women in particular. Why do we have to fight or do more efforts for women if the law says
“persons”.
Let’s include provisions more for women but it shouldn’t appear as if we’re excluding men. If we
conduct study for women, it’s better if we invite men with disabilities so we hear their thoughts and
ideas for amendments.

Josephine De Vera (KAMPI): We also have KALIPI group now, and Philippine Women’s League.
Empowering responsible parenthood for men and Men Oppose to Violence Against Women
Everywhere or MOVE.
Honey Castro (PCW): Another sub-sector within the PWD sector is PWD detainees. They have their
specific needs. GAD Parole does not even have sign language interpreters. Jail management is very
poor especially in handling PWDs.

Joy Garcia: Executive Order 417, economic empowerment of PWDs, covers also work centers for
PWDs, at least they have work available for those PWDs without high attainments in education. 10%
of the budget of the governement must be for the procurement of the needs of PWDs.

Chit Singayan (Dep-Ed): Department of Education has a program for child protection.

Joy Garcia: In the ALS or Alternative Learning System program of Department of Education, PWDs
were segregated. How do you go about this situation in terms of inclusive education?

Jerome Zayas: Do you encounter or do you have reported cases of abused women in school and
how do you document the reports?

Chit Singayan (Dep-Ed): Complaints or reports should go through the school first, then to the
Division office, then to the central office. After which, it would go to the legal department. There
are also trials in Department of Education office.

Junice Melgar (Likhaan): Even in the health sector, they don’t talk to the ones with intellectual
disability, they talk to the companion. In the same way that LGBT did, PWDs must also help the
health professionals in dealing with PWDs properly.
Jo Despi (NCDA): When NCDA creates a project for women with disabilities, that’s the only time we
get support from other agencies. It is actually DPOs that usually initiatesa program for WWDs.
Joy Garcia: PWDs already have bad experiences with Cebu Pacific. “Para akong kinargang baboy.”
No accessible wheel chair for PWDs. No orientation how to manage passengers with disabilities. We
have reported this already to DOTC. We are really appealing to the lead agencies of the government
to really support the initiatives of PWDs.

Reynaldo Refran (NOVEL): Even persons with disabilities issue on equal enjoyment for
entertainment is denied. A visually impaired woman participant of a game show at a large television
network was denied to move to the taping of episode due to safety reasons. A blind person is
unable to climb up a 15 – foot stage despite the fact that she topped the preliminary exams. This
was the presented reason why she was disallowed to continue. Another incident with the same
station is, a group of wheel chair users watched a variety show. They were placed in a holding area
with huge TV screens so they would be able to still watch the show live. The organizers said that, if
TV audience would see them on camera, they would think that the show is a charity program. These
things are very descriminatory.

Joy Garcia: Like Ms. Philippines WSV, even if you don’t go nude, there’s an inner beauty in a person
with disability. It’s a strategic manner of showing the world. It’s a way to empower new leaders
especially women leaders. It’s a way also to improve personalities of women with disabilities. My
question is why PCW does not support the contest? This project does not comodify the WWDs.

Lucia Magalona (UP-CAMP): To do or create gender responsive programs, we should determine


the needs of persons with disabilities. Then from there, you can create a program that would exactly
attend the needs.
A Quick Study and Rapid Assessment on the Conditions Faced by Women and Girls With Disability In the Context 5
of Gender Equality and Women Empowerment 7
Josephine De Vera (KAMPI): At KAMPI, we are continuously doing capacity building workshops for
women with disabilities.

Junice Melgar (Likhaan): Why don’t we document all descriminatory accounts of PWDs? Are these
cases documented? These are really blatant discrimination.

Carmen Zubiaga (NCDA): We are very scared with RH bill especially for persons with psychosocial
and intellectual disabilities. Majority of parents of such cases usually go for voluntary or forced
sterilization or ligation of their children with intellectual and psychosocial disabilities. We certainly
understand the worries and fears of parents why they are persuaded to subject their children to
such procedure but we have to make sure that these people still enjoy their rights and can still
decide what’s best for themselves.

Junice Melgar (Likhaan): RH bill will punish those who will coerce men and women to go for
ligation or any pregnancy. There is a need to address misconceptions about the RH law as it pertains
to women with disability.

Carmen Zubiaga (NCDA): We don’t want the guardians or anybody else to decide on behalf of
PWDs.

SYNTHESIS AND RECOMMENDATIONS

1. Support conduct of research to gather evidence as basis for policy and programs for
women with disability. One such research is by documenting cases of women with
disability who experience discrimination and abuse. Another is by supporting
research on cost benefit of CBR.
2. Amend the Magna Carta for Disabled Persons by aligning it with the UNCRPD
provisions - to be spearheaded by the NCDA sub-committee on policy and
legislation
3. Write to President Aquino to segregate senior citizen and PWDs in budget
alocations and programs.
4. Recommend to revive the search for a commissioner at Philippine Commission on
Women (PCW) to represent women with disability sector.
5. Amend EO 437 by looking at how PDAO and CBR provisions can be harmonized.
6. Train government frontliners on disability sensitivity and sign language

[End of Focus Group Discussion]

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