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55. A compilation of British studies found that 20 to 30 per cent of offenders had
learning disabilities or difficulties that interfered with their ability to cope within the
criminal justice system and that the female prison population was five times more
likely to have a mental health disability than the general population. 34 Another
study found that as many as 80 per cent of female detainees had at least one
psychiatric disability. 35 Furthermore, such individuals are increasingly housed in
prisons rather than psychiatric facilities.30 Those with intellectual or psychosocial
disabilities face threats of inadequate care and mistreatment, in addition to the risks
of self-harm and the deterioration of psychological or emotional well-being owing
to the nature of incarceration, according to the UNODC Handbook. Closure of
psychiatric institutions in some countries has led to a marked increase in the
criminalization of women with disabilities. 36
56. The incarceration of persons with disabilities without necessary services or
accommodations, irrespective of any abusive intent, has been deemed illegal and
degrading treatment, as well as a potential violation of the International Covenant
on Civil and Political Rights. 37 In Price v. United Kingdom, 2001, the European
Court of Human Rights found that incarceration without necessary accommodations
constitutes ill-treatment. 38 When combined with pervasive discrimination, the poor
living conditions and violence already present, the risks of incarceration are
magnified for those women who have a disability. 39
57. As regards violence against women with disabilities in the transnational
sphere, women and girls with disabilities are at risk of being trafficked and forced
into prostitution. The four major risk factors for susceptibility to trafficking are
poverty, ignorance, minority status and being female. Women and girls with
disabilities may fit into one or more of these high-risk categories. Further, because
of the misguided belief that sex with a virgin will cure HIV/AIDS, and the
stereotype that women with disabilities are virgins, they can be targeted for
trafficking as sex workers. 40
58. In some contexts, because of stereotypical views of the value of disabled
female children and the lack of support available to parents with children with
disabilities, parents may see trafficking of their disabled daughter as their only
economic option. United Nations Children’s Fund (UNICEF) reports indicate that in
certain countries in the Asia-Pacific region proprietors of brothels have specifically
sought out deaf girl children and adolescents, with the idea that such young people
will be less able to communicate their distress or find their way back to their homes.
__________________
34
35
36
37
38
39
40
14
Prison Reform Trust, “Bromley briefings prison factfile” (December 2011).
Janet I. Warren and others, “Personality disorders and violence among female prison inmates”,
The Journal of the American Academy of Psychiatry and the Law (2002), pp. 502 and 503.
Disabled Women’s Network Ontario, “Q & A: how are women with disabilities discriminated
against?”, Canadian Association of Elizabeth Fry Societies.
See in particular Price versus The United Kingdom, Application No. 33394/96, European Court
of Human Rights (2001); Mouisel v. France, Application No. 67263/01, European Court of
Human Rights (2003); Brough v. Australia, United Nations Human Rights Committee
Communication No. 1184/2003 (2006).
Price v. the United Kingdom, European Court of Human Rights (2001).
Beth Ribet, “Naming prison rape” (see footnote 30 above). The mere perception of a physical,
psychiatric or cognitive disability is sufficient to place an individual at greater risk of sexual
victimization.
Nora E. Groce, “Rape of individuals with disability: AIDS and the folk belief of virgin
cleansing”, The Lancet, vol. 363, issue 9422 (22 May 2004), 1663 and 1664.
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