MANIFESTO OF THE CERMI WOMEN FOUNDATION MARCH 8
INTERNATIONAL WOMEN’S DAY
For real access to justice for women and girls with disabilities
On the occasion of International Women’s Day, the CERMI Mujeres Foundation, as a state platform created by the Spanish Committee of Representatives of People with Disabilities (CERMI) for the representation, defense and realization of the rights of women and girls with disabilities, makes public the following
MANIFEST
The 70th session of the United Nations Commission on the Status of Women has made it a priority to guarantee and strengthen access to justice for all women and girls, promoting inclusive and equitable legal systems, eliminating discriminatory laws, policies and practices and addressing structural barriers. This international call challenges us directly.
And women with disabilities do not have access to justice; and, in the few cases that they succeed, they face structural obstacles that can lead to their credibility being doubted and their accusations being dismissed, or to discriminatory sentences contrary to human rights that re-victimize and condemn them.
Negative attitudes of justice personnel in applying procedures can intimidate victims with disabilities or deter them from seeking justice. Complicated or degrading information procedures, the referral of victims to social services instead of providing them with legal resources or the lackadaisical attitude of the police or other law enforcement forces as well as other professionals involved in the care and support of victims, are examples of these attitudes.
These biases not only undermine their right to effective judicial protection, but also translate into serious violations of procedural guarantees – such as the improper reversal of the burden of proof or the adoption of accusatory approaches towards the victim herself – and, in a particularly alarming way, in resolutions and sentences of a discriminatory nature that reproduce stereotypes, relativize the credibility of the victims due to their disability and even go as far as attributing to them a pretense. co-responsibility in the facts. Such actions constitute a form of institutional violence and a direct violation of the principles of equality and non-discrimination, perpetuating impunity and denying women and girls with disabilities real and effective access to justice.
The CERMI Mujeres Foundation, as an organized expression in Spain of the voices of women and girls with disabilities and mothers of sons and daughters with disabilities,
DEMAND
1. Promote an exhaustive and permanent study on the root causes of the low number of complaints filed by women and girls with disabilities, as well as on judicial rulings that have been issued especially in matters of exploitation, violence and abuse, incorporating disaggregated data and an intersectional approach that allows for the design of effective public policies.
2. Guarantee and improve free legal assistance in all judicial procedures for women and girls with disabilities who are victims of aggravated discrimination based on gender and disability, eliminating any economic or administrative obstacle that limits their access to defense and reparation and strengthening the service through specialized training of the official shift in disability, gender and age.
3. Ensure full accessibility of the justice system through procedural adjustments appropriate to age, gender and type of disability; access to information and communication in accessible formats; provision of human assistance, supporting products and technologies chosen by the women themselves; and effective incorporation of the figure of the procedural facilitator.
4. Provide the Violence against Women Sections, the Violence against Children and Adolescents Sections, the Minors Sections and the Family, Childhood and Capacity Sections of the Courts of Instance throughout the Spanish territory with the necessary resources to guarantee fully inclusive and accessible facilities, services and procedures, as well as promote the effective development of the aforementioned Sections, mandatory incorporating the gender perspective and specific training in disability, avoiding competent dispersion and ensuring comprehensive protection tailored to the needs of women and girls with disabilities.
5. Require mandatory and ongoing training in gender and disability for all actors in the judicial system, including the judiciary, prosecutors, legal personnel, professional shifts specialized in legal protection of people with disabilities, child protection and gender violence, as well as psychosocial and forensic teams, with the aim of eliminating symbolic barriers, prejudices and stereotypes.
6. Develop training and empowerment programs aimed at women and girls with disabilities — especially for those who live in rural areas or who reside in institutions — and aimed at mothers of sons and daughters with disabilities on the legal resources available to report violations of rights, access free legal assistance and obtain reparation as victims.
7. Accelerate the regulatory development of the figure of procedural facilitation so that it acts as specialized support and reference for people with disabilities in their relationship with the Administration of Justice, responding to their specific needs of accessibility and understanding, and whose function is differentiated from the technical-legal assistance provided by legal professionals.
Without universal accessibility, without specialized training and without elimination of prejudice throughout the judicial system, there is no justice for women and girls with disabilities. And without justice, there is no real equality.
