Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Support is a normal part of community life, with families serving as the first source of support for everyone. For many persons with disabilities, family support serves as a bridge to access other assistance needed to fully enjoy their human rights. However, when no other options are available and families are the sole source of support, the autonomy of persons with disabilities and their family members is reduced. Those being supported have no choice or control over the assistance they require to pursue their life plans, and questions of overprotection and conflict of interest commonly arise. Families - especially the poorest - are also under significant pressure as unpaid familial support also affects social relationships, income levels and the general well-being of the household. Women and girls are disproportionately affected, as in practice they are the main providers of support within the household, reducing their freedom and choices to pursue their own life plans.

General services, such as education, employment, justice and health, as well as other community services and social protection programmes, must consider the provision of support to persons with disabilities. Similarly, programmes to end domestic violence should include appropriate forms of gender- and age-sensitive assistance and support for girls and women with disabilities. States should budget and plan for such measures when designing policies and programmes to ensure that support for persons with disabilities is available from the start.

Women and girls with disabilities face significant difficulties in accessing support throughout their lives. On average, they are less likely to study and work; they earn less than men and thus have fewer opportunities to access appropriate support. Moreover, existing support services are frequently not responsive to the needs, nor respectful of the rights, of girls and women with disabilities. Male staff are often assigned to provide assistance, which may not respond to their preferences and create a heightened risk of abuse. In this regard, support cannot be addressed in gender-neutral terms. When designing and implementing policies and interventions on support, States must take into account the systemic and multiple discrimination faced by women and girls with disabilities. They must remove all barriers that interfere with access by women and girls to comprehensive support arrangements and provide appropriate assistance to those women with disabilities who perform care and support responsibilities as parents, without reinforcing patterns of discrimination and negative stereotyping.

The Commission reiterates that the 2030 Agenda for Sustainable Development needs to be implemented in a comprehensive manner, reflecting its universal, integrated and indivisible nature, taking into account different national realities, capacities and levels of development and respecting each country's policy space and leadership while remaining consistent with relevant international rules and commitments, including by developing cohesive sustainable development strategies to achieve gender equality and the empowerment of women and girls. The Commission affirms that Governments have the primary responsibility for the follow-up to and review of the 2030 Agenda at the national, regional and global levels with regard to progress made.

The Commission reiterates that the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, and the Optional Protocols thereto, as well as other relevant conventions and treaties, such as the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities, provide an international legal framework and a comprehensive set of measures for realizing gender equality and the empowerment of women and girls and the full and equal enjoyment of all human rights and fundamental freedoms by all women and girls throughout their life cycle, including women's economic empowerment in the changing world of work.

The Commission emphasizes the mutually reinforcing relationship among women's economic empowerment in the changing world of work and the full, effective and accelerated implementation of the Beijing Declaration and Platform for Action and the gender-responsive implementation of the 2030 Agenda for Sustainable Development. It acknowledges the important contribution of women and girls to sustainable development and reiterates that gender equality and the empowerment of all women and girls and women's full and equal participation and leadership in the economy are vital for achieving sustainable development, promoting peaceful, just and inclusive societies, enhancing sustained, inclusive and sustainable economic growth and productivity, ending poverty in all its forms everywhere and ensuring the well-being of all.

Take steps to achieve the full realization of the right to the enjoyment of the highest attainable standard of physical and mental health by improving access to timely, affordable and quality health systems for women and girls through gender-sensitive national strategies and public health policies and programmes that are comprehensive, affordable and better targeted to addressing their needs, and work to improve access to paid leave and social security benefits, particularly in cases of retirement, unemployment, illness, disability, ageing and incapacity to work, as well as develop and implement occupational health and safety measures, including appropriate measures to provide special protection to women during pregnancy in types of work proved to be harmful to them;

Take all appropriate measures to recognize, reduce and redistribute women's and girls' disproportionate share of unpaid care and domestic work by promoting policies and initiatives supporting the reconciliation of work and family life and the equal sharing of responsibilities between women and men, through flexibility in working arrangements without reductions in labour and social protections, through the provision of infrastructure, technology and public services, such as water and sanitation, renewable energy, transport and information and communications technology, as well as accessible, affordable and quality childcare and care facilities and by challenging gender stereotypes and negative social norms and promoting men's participation and responsibilities as fathers and caregivers;

Promote a socially responsible and accountable private sector that acts in line with, among others, the Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework, the International Labour Organization Declaration on Fundamental Principles and Rights at Work, labour, environmental and health standards, and the Women's Empowerment Principles established by the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the Global Compact, in order to promote the economic empowerment of women in the changing world of work and achieve gender equality and the empowerment of women and girls and the realization of their full and equal enjoyment of all human rights and fundamental freedoms;

The Commission calls upon Governments to strengthen, as appropriate, the authority and capacity of national mechanisms for promoting gender equality and the empowerment of women and girls, at all levels, which should be placed at the highest possible level of government, with sufficient funding, and to mainstream a gender perspective across all relevant national and local institutions, including labour, economic and financial government agencies, in order to ensure that national planning, decision-making, policy formulation and implementation, budgeting processes and institutional structures contribute to women's economic empowerment in the changing world of work.

The Commission calls upon UN-Women to continue to play a central role in promoting gender equality and the empowerment of women and girls and in supporting Governments and national women's machineries, upon their request, in coordinating the United Nations system and in mobilizing civil society, the private sector, employers' organizations and trade unions and other relevant stakeholders, at all levels, in support of the full, effective and accelerated implementation of the Beijing Declaration and Platform for Action and the gender-responsive implementation of the 2030 Agenda towards women's economic empowerment in the changing world of work.

Recognize that the empowerment of and investment in women and girls, which is critical for economic growth and the achievement of all Sustainable Development Goals, including the eradication of poverty and extreme poverty, as well as the meaningful participation of women in decision-making, are key in breaking the cycle of discrimination and violence and in promoting and protecting the full and effective enjoyment of their human rights, and recognize further that empowering girls requires their active participation in decision-making processes and as agents of change in their own lives and communities, including through girls' organizations with the active support and engagement of their parents, legal guardians, families and care providers, boys and men, as well as the wider community;

The following case study from the African region elucidates the myriad factors required to develop and maintain a good practice in addressing violence against girls, as well as the attendant impacts on the right to health, safety and access to justice, among others. The background to the case begins with a constitutional reform process undertaken with high levels of public engagement, resulting in 2010 in a robust new constitution that included strong equality provisions, the incorporation of international and regional human rights treaties and the creation of an ameliorating environment for public interest litigation.

In its decision, the Court recognized that the girls’ constitutional rights had been violated and that the police had failed to act with due diligence as agents of the State. The police force was ordered to implement article 244 of the Constitution, requiring them to train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity. Police officers were ordered to investigate the perpetrators of the 11 applicants and to ensure effective investigations in all child rape claims. As at early 2016, 80 per cent of such cases had resulted in convictions, while others were pending before courts and additional investigations had been initiated. The judgment has been referenced in other cases, including an important class action suit by victims of post-election violence, and the high courts have issued further progressive decisions on related grounds.

What makes this case study a uniquely good practice is that, rather than ending with a court decision, the coalition of organizations involved continued to work together to expand that decision into a comprehensive movement for change. The 160 Girls Project developed as a result of the case centres on training and education programmes involving police, shelters, social workers and community members to ensure a multi-level long-term impact. A rape investigation training programme for police was developed that included a peer-to-peer train-the-trainers element with international police officers and ongoing training from equality lawyers and the national human rights commission. Research has shown positive impacts, including documented attitudinal changes and increased professionalism in the handling of child rape cases. Furthermore, training programmes have been developed for shelter workers on documenting sexual violence cases and the rights of victims.

States should train health-care personnel, teachers, community workers and other public officials on the sexual and reproductive health and rights of girls and young women with disabilities. All primary health-care workers dealing with sexual and reproductive health, particularly in rural and remote areas, must be adequately trained, prepared and supported in their work. For example, in Guwahati, India, a team of service providers was trained to provide support to young persons with disabilities with regard to accessing sexual and reproductive health and rights information and services and identifying sexually abusive behaviours. The adoption of technical guidelines on how to provide adequate sexual and reproductive health and rights information and services to girls and young women with disabilities is recommended. In Uruguay, for example, the government developed a guide on sexual and reproductive health and rights of persons with disabilities that has been distributed to all health centres across the country.

The rights of and needs of girls and young women with disabilities must be mainstreamed and addressed by States in all policies and programmes on sexual and reproductive health and rights. Many States have a range of policies and strategies that specifically address both the rights of persons with disabilities and sexual and reproductive health and rights, but those are usually disconnected and do not include a child, youth or gender perspective. Moreover, where policies and strategies identify persons with disabilities as key vulnerable groups, there is generally little focus on the specific challenges faced by girls and young women with disabilities. States must ensure that their health-care systems and services meet the specific sexual and reproductive health needs of adolescents with disabilities.

States have an obligation to provide access to sexual and reproductive health and rights services to all girls and young women with disabilities without discrimination. States must therefore eliminate discrimination against girls and young women with disabilities in law, policy and practice; ensure child- and gender-sensitive policies and programmes; and prohibit all forms of discrimination in the provision of those services. Moreover, States need to take measures to provide disability- and age-appropriate support and reasonable accommodation to girls and young women with disabilities so that they can access and enjoy those services and facilities on an equal basis with others.

States must consult and involve children with disabilities, including girls and adolescents, in the implementation of sexual and reproductive health and rights as provided by articles 4, paragraph 3, and 7 of the Convention on the Rights of Persons with Disabilities. It is crucial that girls and young women with disabilities be consulted, as they are the experts on their own lives. Girls and young women with disabilities, even the youngest, have the right to participate in policymaking, so they must be provided with disability- and age-appropriate support. Plan International has developed guidelines for consulting with children and young people with disabilities that contain practical suggestions on the matter.

The Sustainable Development Goals, which call for a significant increase in the availability of high-quality, timely and reliable data disaggregated by, inter alia, gender, age and disability (Goal 17), represent a unique opportunity to collect better data related to the sexual and reproductive health and rights of girls and young women with disabilities. The short set of six questions on disability formulated by the Washington Group on Disability Statistics provides a well-tested method for disability data disaggregation in national censuses and surveys, including household and demographic and health surveys. In addition, the United Nations Children’s Fund (UNICEF) and the Washington Group on Disability Statistics have developed a module on child functioning, which covers children between the ages of 2 and 17 that can be incorporated into existing data collection efforts. The module is included in the current round of the UNICEF-supported multiple indicator cluster survey that will be implemented in more than 35 low- and middle-income countries during the next three years.

States have an obligation to take immediate steps to the maximum of their available resources, including those made available through international cooperation, to ensure that girls and young women with disabilities can fully exercise their sexual and reproductive rights and access quality sexual and reproductive health services. Government plans and budgets must incorporate sexual and reproductive health and rights policies and strategies and consider the particular needs of girls and young women with disabilities. Participatory budgeting processes and earmarked funds can help expand the allocation of public funds in that area. States should regularly monitor whether or not the resources available were used to progressively achieve the full realization of the sexual and reproductive health rights of girls and young women with disabilities.

The Sustainable Development Goals, which contain specific targets and references to sexual and reproductive health and rights and to persons with disabilities, constitute an excellent opportunity to achieve a coordinated engagement of international donors to advance the sexual and reproductive health and rights of girls and young women with disabilities. According to article 32, paragraph 1 (a), of the Convention on the Rights of Persons with Disabilities, international donors must ensure that all international cooperation, including international development programmes in the area of sexual and reproductive health and rights, is inclusive of and fully accessible to persons with disabilities.

Similarly, girls are trafficked for sexual exploitation in temporary reception centres and informal settlements. In northern France, some children were transported to Spain, where they were sexually exploited in order to cover the cost of their onward journey to London of around €9,000. In the same area, some children claiming to be adults were sexually exploited for the promise of passage to the United Kingdom or in order to pay for the journey by receiving around €5 a time for sexual services, revealing the level of pressure that they were under to raise the €5,000 to €7,000 charged for their passage.

Children may be compelled to work to sustain themselves or provide for their families’ basic needs, especially where parents cannot work legally or simply cannot find work, legally or illegally. Iraqi and Syrian refugee children in Lebanon, for example, work in textile factories, construction or the food service industry, or as agricultural labour or street vendors in conditions amounting to forced labour. According to UNICEF, in Jordan, Lebanon and Turkey, shopkeepers, farmers and manufacturers hire Syrian refugee children because they can pay them a lower wage. Children, especially girls, are seen as less likely to be targeted by the police or prosecuted for illegal work than adults, making families more likely to send them to work. These types of child labour, which often mask other forms of exploitation, such as trafficking for forced labour, have dire consequences on children.

Finally, the practice of “temporary” child or forced marriages is one of the dangerous coping mechanisms that girls face while in refugee camps in transit countries. Confronted with the economic burdens brought on by protracted displacement and limited or inexistent work opportunities, some refugee and migrant parents, and often children themselves, turn to those measures because they feel that they are the only option for safeguarding a child’s future or supporting a family’s immediate needs. For example, Syrian refugee girls are often forcibly married by their parents, who view such arrangements as a way of securing their daughters’ safety and ensuring the family’s livelihood through the dowry. Once married, those girls are likely to end up in a situation of sexual and domestic exploitation by a spouse whom they have followed abroad. The use of child and forced marriages to traffic girls into prostitution in another country is also common.

This is no time for complacency. Around the world, millions of girls and boys of all ages continue to be exposed to appalling levels of violence, in their neighbourhoods, in their schools, in institutions aimed at their care and protection, and also within the home.

The Commission reaffirms that the promotion and protection of, and respect for, the human rights and fundamental freedoms of all women and girls, including the right to development, which are universal, indivisible, interdependent and interrelated, are crucial for women's economic empowerment and should be mainstreamed into all policies and programmes aimed at the eradication of poverty and women's economic empowerment, and also reaffirms the need to take measures to ensure that every person is entitled to participate in, contribute to and enjoy economic, social, cultural and political development, and that equal attention and urgent consideration should be given to the promotion, protection and full realization of civil, political, economic, social and cultural rights.

Mainstream a gender perspective into education and training programmes, including those relating to science, technology, engineering and mathematics, eliminate female illiteracy and facilitate effective transition from education or unemployment to work, including through skills development to enable women's and girls' active participation in economic, social and cultural development and women's active participation in governance and decision-making at all levels, create conditions that facilitate women's full participation and integration in the formal economy and develop gender-sensitive curricula for educational programmes at all levels, inter alia, to address the root causes of occupational segregation in working life;

Place enhanced emphasis on quality education, including communications and technology education, where available, for girls, including catch-up and literacy education for those who did not receive formal education, special initiatives for keeping girls in school through post-primary education, including those who are already married or pregnant, to promote access to skills and entrepreneurship training for young women and to tackle gender stereotypes, in order to ensure that young women entering the labour market have opportunities to obtain full and productive employment, equitable compensation and decent work;

Take measures to promote the economic empowerment of indigenous women, including by ensuring access to quality and inclusive education and meaningful participation in the economy by addressing the multiple and intersecting forms of discrimination and barriers they face, including violence, and promote their participation in relevant decision-making processes at all levels and in all areas, while respecting and protecting their traditional and ancestral knowledge, and noting the importance of the United Nations Declaration on the Rights of Indigenous Peoples for indigenous women and girls;