Abuse, Neglect and Maltreatment

PRITI TIWARI Asst. Prof. in Special Education (Mental Retardation) J. M. Institute, Patna

Abuse
As any action that Intentionally harms or Injures another person. Abuse also

encompasses Inappropriate use of

any Substance, especially those that

alter consciousness.

Neglect
Failure or refusal of a caregiver or other responsible person to provide

for

an

elders

basic

Physical,

Emotional, or Social needs, or Failure

to protect them from Harm.

Maltreatment
Child Abuse Prevention and Treatment Act (CAPTA): Neglect, Physical abuse, Sexual abuse, and Emotional abuse.

Other types of Maltreatment

Abandonment, Medical neglect, Lack of supervision and Risk of harm.

Types of Abuse
Physical: Hitting, choking... pushing, biting, punching,

Emotional: Cursing swearing, attacks on self-esteem, blaming, criticizing your thoughts feelings. Psychological: Threatening, throwing, smashing, breaking things, punching walls, hiding things, sabotaging your car Sexual: any non-consenting sexual act or behavior

Social: Neglecting, discriminating, discarding.

How to Identify the Child Abused?

Encourage child to lie, resent, fear, and retaliate, instead of loving, trusting, and listening. Alienate child from you and the rest of your family & make him a recluse.

lower child's self esteem, and affect child's psychological development and ability to behave normally outside his home.

 When child grows up, child could probably carry on the family tradition, and abuse his children.

Your child may exclude you from his adult life.

Researches on Different Kind of Abuse

Assessment of Maltreatment of Children With Disabilities (Committee on Child Abuse and Neglect and Committee on Children With Disabilities)- 14.1% children with disability are maltreated. 25 of the 31 women with disabilities have 55 separate experiences of abuse. (National study of women with physical disabilities )

Acc. To National study of women with physical disabilities

My mother wasn't around much, and I always felt in my sisters' way, like I held them back from things they wanted because they had to help care for me. My sisters would slap me and shut me in my room. 32-year-old woman with congenital osteogenesis imperfecta After my child was born, my husband became jealous and didn't want me to get up and take care of her. He would take my chair away from me and tied me up when I pulled myself out of bed. I left him the first chance I had. 49-year-old woman with spinal cord injury since age 17.

Acco. to The national survey :(1/5/1999)

The prevalence of any abuse for women with and without disabilities was 62% for both. Emotional abuse - 52% versus 48%, Physical abuse - 36% for both, Sexual abuse - 40% vs. 37%, Combined - 52% of women with disabilities and 51% of women without disabilities responded positively.

Women with or without disabilities were abused by husbands and live-in partners as well as parents:
Emotionally -26% Physically -17% and 19%

Cont.
11% for women with disabilities and 12% for women without disabilities were sexually abuse by Strangers .

Family law judge beats with belt to own disabled daughter for using the internet 2004: Aransas County Court

Why they are torching?

Effects of Maltreatment on Brain Development

Barriers to disclosure to sexual assault of adults with a disability

Operate at societal, organizational and individual levels - a family member or to staff at a residential unit. How "disability" and "vulnerability" are understood may be reflected in the responses(Chenoweth, 1996; Lievore, 2005; Women with Disabilities Australia, 2007b).

 The lack of education in this area. A lack of policies and procedures to deal with disclosures and an organizational culture

Enabling disclosure and an appropriate response

Promote the community attitude that all people, including PWD, have a right to live free of violence and fear, including sexual assault.

Provide meaningful education.

and

accessible

sexuality

Create an environment that promotes and supports disclosure where allegations of sexual assault are always treated seriously.

 In residential and other community settings, have in place policies and procedures. For people with a cognitive impairment and/or complex communication needs, provide specific advocacy expertise tailored to their individual needs to assist at disclosure and during the subsequent reporting to police.

 Where sexual assault occurs, provide appropriate support and referral to specialist sexual assault support services. After a disclosure, provide information in a form that is specific to her needs and disability about the choices she has to deal with the sexual assault, and empowering support to make those decisions.

 Ensure that sexual assault support services are accessible and the provision of their services is inclusive of people with disabilities. Have in place comprehensive training for all those professionals working in this area, including police, independent third persons.

The special laws for disabled persons are

The United National Convention on the Rights of Persons with Disabilities (UNCRPD). The persons with disabilities (Equal Opportunities, Protection of Rights and full participation) Act, 1995. The National Trust for welfare of persons with autism, cerebral palsy, mental retardation and Multiple disabilities Act, 1999 Rehabilitation Council of India, (RCI) 1992.

UNCRPD
United Nations Convention on the Rights of Persons with Disabilities, which was signed in March 2007, became international law on 3 May 2008.

UN Convention A- 3 General Principles

Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons. Non-discrimination. Full and effective participation and inclusion in society.

 Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity. Equality of opportunity. Accessibility. Equality between men and women. Respect for the evolving capacities of CWD and respect for the right of CWD to preserve their identities.

Article 5 Equality and non-discrimination

All persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. Prohibit all discrimination on the basis of disability and guarantee to PWD equal and effective legal protection against discrimination on all grounds.

Cont..
In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

Article 10 Right to life

States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by PWD on an equal basis with others.

Article 13 Access to justice

Ensure effective access to justice for PWD on an equal basis with others. In order to help to ensure effective access to justice for PWD, promote appropriate training for those working in the field of administration of justice, including police and prison staff.

Article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment

No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

Cont
All effective legislative, administrative, judicial or other measures to prevent PWD, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 16 Freedom from exploitation, violence and abuse

All appropriate legislative, administrative, social, educational and other measures to protect PWD, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.

Cont.
All appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender-and age sensitive assistance and support for PWD and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse.

 In order to prevent the occurrence of all forms of exploitation, violence and abuse. All appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of PWD who become victims of any form of exploitation, violence or abuse, including through the provision of protection services.

Article 23 Respect for home and the family

Effective and appropriate measures to eliminate discrimination against PWD in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others.

The goals of the PWD Act, 1995

To integrate PWD and provide them with opportunities for full participation in society. To create a society in which PWD would enjoy status on par with non-disabled person.

Entitled to the benefits of the disabilities Act?

Blindness Low-vision Leprosy-cured Hearing Impairment Loco motor disability, or any form of Cerebral Palsy Mental Retardation Mental Illness

CHAPTER- VIII NON-DISCRIMINATION

Section - 44. Non-discrimination in transport (a) Adapt rail compartments, buses, Vessels and aircrafts in such a way as to permit easy access to such persons (b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.

45. Non-discrimination on the road (a) Installation of auditory signals at red lights in the public roads for the benefit of PWVI (b) Crossing curb cuts and slopes to be made in pavements for the easy access of wheel chair users (c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision (d) Engraving on the edges of railway platforms for the blind or for persons with low vision (e) Devising appropriate symbols of disability (f) Warning signals at appropriate places.

46. Non-discrimination in the built environment (a) Ramps in public buildings; (b) Braille symbols and auditory signals in elevators or lifts; (C) Ramps in hospitals, primary health centers and other medical care and rehabilitation institutions. 47. Non-discrimination in Government employment (1) No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service. (2) No promotion shall be denied to a person merely on the ground of his disability

Chapter 3 The objectives of the NT-1999

To enable and empower PWD to live as independently and as fully as possible within and as close to the community to which they belong. To strengthen facilities to provide support to PWD to live within their own families. To extend support to registered organization to provide need based services during the period of crises in the family of PWD. To deal with problems of PWD who do not have family support.

 To promote measures for the care and protraction of PWD in the event of death of their parent or guardian.

To evolve procedure for the appointment of guardians and trustees for PWD requiring such protection.
To facilitate the realization of equal opportunities, protection of right and full participation of PWD. To do any other act which is incidental to the aforesaid object.

National Policy for PWD

5 - Composite Rehabilitation Centres, 4 - Regional Rehabilitation Centres and 120 District Disability Rehabilitation Centres (DDRCs) providing various kinds of rehabilitation services to PWD. National Handicapped and Finance Development Corporation (NHFDC) has been providing loans on concessional terms for undertaking self-employment ventures by the PWD through State Channelizing Agencies. Panchayati Raj Institutions at Village level, Intermediary level and District level have been entrusted with the welfare of persons with disabilities.

Give me safety, Security and Emotional feelings. These are not my need only its also my RIGHT

Thank you