Komnas HAM, Indonesia UNCRPD Written Contribution
still suggest significant number of unfair treatments of women with disabilities. The
imposition of birth control programs is the most common example experienced by
women with disabilities, especially those with mental, intellectual, and deaf-mute
impediments, in addition to cases of violence against women with disabilities occurring
in rehabilitation centres. Women with disabilities are vulnerable to becoming victims of
double discrimination as women and as persons with disabilities. Article 4 of Law No. 1
of 1974 concerning Marriage even stipulates that, due to their disability, the husbands of
women with disabilities may file for a divorce or enter into a polygamous marriage.6
19. The number of cases of violence against women with disabilities, as recorded by
Komnas HAM, has amounted to 143 cases7, among which the most common case is
sexual violence. These cases occur as the result of women with disabilities not having
the adequate protection for their vulnerability as women and as persons with disabilities.
In addition to the recorded cases, unrecorded violence against women with disabilities
also dispersed geographically and they are not managed properly. Therefore, Komnas
HAM strongly urges the establishment of a regulatory framework for the protection
against sexual violence.
List of issues:
1. What will the Government of Indonesia do to ensure that women with disabilities
do not experience sexual violence?
2. Please explain the percentage of cases of women with disabilities dealing with
the law, especially as victims of sexual violence, the regional distribution all over
Indonesia, their resolutions (legal actions and legally-binding decisions that are
6
Article 4 of Law No.1 of 1974 on Marriage stipulates:
(1) In the event that a husband desires to have more than one wife, as referred to in Article 3
paragraph (2) of this Law, he shall be required to submit a request to the Court of Law in the region where
he resides.
(2) The Court of Law intended paragraph (1) of this article shall grant permission to a husband
desiring to have more than wife only if:
a.
His wife is unable to perform her duties as a wife;
b.
His wife suffers from physical disabilities or incurable illnesses;
c.
His wife is unable to have children.
7
The Indonesian Association of Women with Disability (HWDI) dataindicate 143 cases of recorded
violence
9