Abuse, Neglect and Maltreatment
PRITI TIWARI Asst. Prof. in Special Education (Mental Retardation) J. M. Institute, Patna
• As any action that Intentionally harms or Injures another person. Abuse also
encompasses Inappropriate use of
any Substance, especially those that
• Failure or refusal of a caregiver or other responsible person to provide
Emotional, or Social needs, or Failure
to protect them from Harm.
Child Abuse Prevention and Treatment Act (CAPTA): • Neglect, • Physical abuse, • Sexual abuse, and • Emotional abuse.
Medical neglect.Other types of Maltreatment
• • • • Abandonment. Lack of supervision and Risk of harm.
. • Psychological: Threatening. discarding…. blaming. throwing. punching. biting.. breaking things. smashing. choking. criticizing your thoughts feelings…. punching walls. attacks on self-esteem. pushing. discriminating. sabotaging your car… • Sexual: any non-consenting sexual act or behavior…
• Social: Neglecting.
• Emotional: Cursing swearing. hiding things..Types of Abuse
• Physical: Hitting.
instead of loving.How to Identify the Child Abused?
• Encourage child to lie. • Alienate child from you and the rest of your family & make him a recluse. trusting. and retaliate.
. and listening. and affect child's psychological development and ability to behave normally outside his home.
• lower child's self esteem. fear. resent.
and abuse his children.
• Your child may exclude you from his adult life.• When child grows up. child could probably carry on the family tradition.
1% children with disability are maltreated.14.Researches on Different Kind of Abuse
• Assessment of Maltreatment of Children With Disabilities (Committee on Child Abuse and Neglect and Committee on Children With Disabilities). • 25 of the 31 women with disabilities have 55 separate experiences of abuse. (National study of women with physical disabilities )
my husband became jealous and didn't want me to get up and take care of her. To National study of women with physical disabilities
My mother wasn't around much.
. like I held them back from things they wanted because they had to help care for me.Acc. 32-year-old woman with congenital osteogenesis imperfecta After my child was born. 49-year-old woman with spinal cord injury since age 17. He would take my chair away from me and tied me up when I pulled myself out of bed. and I always felt in my sisters' way. My sisters would slap me and shut me in my room. I left him the first chance I had.
37%.36% for both. • Sexual abuse . • Physical abuse . • Combined . • Emotional abuse .40% vs.
.52% of women with disabilities and 51% of women without disabilities responded positively. to The national survey :(1/5/1999)
• The prevalence of any abuse for women with and without disabilities was 62% for both.52% versus 48%.Acco.
Women with or without disabilities were abused by husbands and live-in partners as well as parents:
• Emotionally -26% • Physically -17% and 19%
• 11% for women with disabilities and 12% for women without disabilities were sexually abuse by Strangers .Cont….
Family law judge beats with belt to own disabled daughter for using the internet 2004: Aransas County Court
Why they are torching?
Effects of Maltreatment on Brain Development
• How "disability" and "vulnerability" are understood may be reflected in the responses(Chenoweth. organizational and individual levels . Women with Disabilities Australia. Lievore.Barriers to disclosure to sexual assault of adults with a disability
• Operate at societal.a family member or to staff at a residential unit.
. 1996. 2005. 2007b).
• A lack of policies and procedures to deal with disclosures and an organizational culture
.• The lack of education in this area.
• Create an environment that promotes and supports disclosure where allegations of sexual assault are always treated seriously. including sexual assault.Enabling disclosure and an appropriate response
• Promote the community attitude that all people.
• Provide meaningful education.
. including PWD. have a right to live free of violence and fear.
. have in place policies and procedures. • For people with a cognitive impairment and/or complex communication needs.• In residential and other community settings. provide specific advocacy expertise tailored to their individual needs to assist at disclosure and during the subsequent reporting to police.
provide appropriate support and referral to specialist sexual assault support services. and empowering support to make those decisions.
. • After a disclosure.• Where sexual assault occurs. provide information in a form that is specific to her needs and disability about the choices she has to deal with the sexual assault.
. • Have in place comprehensive training for all those professionals working in this area. including police.• Ensure that sexual assault support services are accessible and the provision of their services is inclusive of people with disabilities. independent third persons.
1995. 1999 Rehabilitation Council of India. cerebral palsy. The persons with disabilities (Equal Opportunities. Protection of Rights and full participation) Act. The National Trust for welfare of persons with autism.The ‘special laws’ for disabled persons are
The United National Convention on the Rights of Persons with Disabilities (UNCRPD).
. mental retardation and Multiple disabilities Act. (RCI) 1992.
• United Nations Convention on the Rights of Persons with Disabilities. which was signed in March 2007. became international law on 3 May 2008.
UN Convention A.
. • Non-discrimination. • Full and effective participation and inclusion in society. and independence of persons. individual autonomy including the freedom to make one's own choices.3 General Principles
• Respect for inherent dignity.
• Equality of opportunity. • Equality between men and women.• Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity. • Accessibility. • Respect for the evolving capacities of CWD and respect for the right of CWD to preserve their identities.
. • Prohibit all discrimination on the basis of disability and guarantee to PWD equal and effective legal protection against discrimination on all grounds.Article 5 – Equality and non-discrimination
• 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.
• In order to promote equality and eliminate discrimination. States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
Article 10 – Right to life
• States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by PWD on an equal basis with others.
• In order to help to ensure effective access to justice for PWD. including police and prison staff.
. promote appropriate training for those working in the field of administration of justice.Article 13 – Access to justice
• Ensure effective access to justice for PWD on an equal basis with others.
In particular. inhuman or degrading treatment or punishment. inhuman or degrading treatment or punishment
• No one shall be subjected to torture or cruel. no one shall be subjected without his or her free consent to medical or scientific experimentation.Article 15 – Freedom from torture or cruel.
administrative. judicial or other measures to prevent PWD. from being subjected to torture or cruel.
. on an equal basis with others.Cont…
• All effective legislative. inhuman or degrading treatment or punishment.
Article 16 – Freedom from exploitation. social. educational and other measures to protect PWD. including their gender-based aspects. administrative. violence and abuse. violence and abuse
• All appropriate legislative. both within and outside the home. from all forms of exploitation.
recognize and report instances of exploitation. appropriate forms of gender-and age sensitive assistance and support for PWD and their families and caregivers. inter alia.
• All appropriate measures to prevent all forms of exploitation. violence and abuse. including through the provision of information and education on how to avoid. violence and abuse by ensuring.
violence and abuse. violence or abuse.• In order to prevent the occurrence of all forms of exploitation.
. rehabilitation and social reintegration of PWD who become victims of any form of exploitation. • All appropriate measures to promote the physical. cognitive and psychological recovery. including through the provision of protection services.
on an equal basis with others.Article 23 – Respect for home and the family
• Effective and appropriate measures to eliminate discrimination against PWD in all matters relating to marriage. parenthood and relationships.
• To create a society in which PWD would enjoy status on par with non-disabled person.
.The goals of the PWD Act. 1995
• To integrate PWD and provide them with opportunities for full participation in society.
Entitled to the benefits of the disabilities Act?
• • • • • Blindness Low-vision Leprosy-cured Hearing Impairment Loco motor disability. or any form of Cerebral Palsy • Mental Retardation • Mental Illness
Section .CHAPTER. buses. vessels. Vessels and aircrafts in such a way as to permit easy access to such persons (b) Adapt toilets in rail compartments. aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.
. Non-discrimination in transport (a) Adapt rail compartments.44.
.45. Non-discrimination on the road (a) Installation of auditory signals at red lights in the public roads for the benefit of PWVI (b) Crossing curb cuts and slopes to be made in pavements for the easy access of wheel chair users (c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision (d) Engraving on the edges of railway platforms for the blind or for persons with low vision (e) Devising appropriate symbols of disability (f) Warning signals at appropriate places.
(C) Ramps in hospitals.46. (b) Braille symbols and auditory signals in elevators or lifts. (2) No promotion shall be denied to a person merely on the ground of his disability
. an employee who acquires a disability during his service. primary health centers and other medical care and rehabilitation institutions. Non-discrimination in Government employment (1) No establishment shall dispense with or reduce in rank. Non-discrimination in the built environment (a) Ramps in public buildings. 47.
To strengthen facilities to provide support to PWD to live within their own families.
. To extend support to registered organization to provide need based services during the period of crises in the family of PWD. To deal with problems of PWD who do not have family support.Chapter 3 The objectives of the NT-1999
To enable and empower PWD to live as independently and as fully as possible within and as close to the community to which they belong.
To evolve procedure for the appointment of guardians and trustees for PWD requiring such protection. To promote measures for the care and protraction of PWD in the event of death of their parent or guardian. protection of right and full participation of PWD. To do any other act which is incidental to the aforesaid object.
To facilitate the realization of equal opportunities.
Composite Rehabilitation Centres. • Panchayati Raj Institutions at Village level. • National Handicapped and Finance Development Corporation (NHFDC) has been providing loans on concessional terms for undertaking self-employment ventures by the PWD through State Channelizing Agencies. Intermediary level and District level have been entrusted with the welfare of persons with disabilities.Regional Rehabilitation Centres and • 120 District Disability Rehabilitation Centres (DDRCs) providing various kinds of rehabilitation services to PWD. • 4 .National Policy for PWD
• 5 .
Security and Emotional feelings.Give me safety. These are not my need only its also my RIGHT