Komnas HAM, Indonesia UNCRPD Written Contribution
in favour of women with disabilities), including the restoration of rights of the
victims?
3. How does the legal aid law give priority or affirmation to women with
disabilities?
4. What measures need to be taken to amend discriminatory policies that may
potentially cause the occurrence of violence against women with disabilities, as
provided in Law No.1 of 1974 on Marriage?
Article 8 Raising Awareness
20. The stigma of disability remains the major impediment for persons with disabilities to
participate fully in the community and to be able to enjoy their rights. This stigma is one
of the reasons disabled persons cannot get access to education, employment, or even get
actively involved in the community as public officials and politicians. Prior to the
enactment of Law Number 8 of 2016 on Persons with Disabilities, Indonesia had Law
Number 4 of 1997 on Disabled Persons.
21. Law Number 4 of 1997 on Disabled Persons considers persons with disabilities as
objects in the national development and perceives them as a burden requiring “pity”
from the government. While this law has been amended by Law Number 8 of 2016,
unfortunately some laws and regulations still refer to the old paradigm that perpetuates
this stigma and make use of terms like "defect" which has very negative connotation in
Indonesian, whereas linguists have suggested the use of the term “disability”.8 Despite
the fact that these laws and regulations were established before the CRPD ratification by
the Government of Indonesia in 2011, they are still referred and derived into sectoral
programs rife with stigma and programs that put people with disability as objects of pity.
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Laws and regulations with outdated paradigms are: (1) Law No. 11 of 2009 that identifies people with
disabilities as people with social and welfare problems together with homeless people and the needy; (2)Law No. 1
of 1974 on Marriage that provides allows disability to be used as a reason to justify divorce and polygamy; (3) Law
No. 24 of 2007 on Disaster Mitigation; (4) Law No. 40 of 2004 on the National Social Security System; (5) Law
No.1 of 2009 on Aviation that identifies people with disabilities as ‘incapable’ passengers. (6) Decision of the
Manpower Minister No. 205 of 1999 on Vocational Training and Work Placement for People with Disabilities,
which categorizes jobs based on types of disability and in turn reinforces stereotypes on disability. For example,
associating persons with visual disabilities with massage therapy, persons with hearing disabilities with jobs in loud
environment, and persons with intellectual disability with weaving.
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