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UN Women Project

Closing the Justice Gap for Women with Intellectual and/or Psychosocial Disabilities in Asia Pacific

Closing the Justice Gap for Women with Intellectual and/or Psychosocial Disabilities in Asia Pacific research project. The key goal of this project was to gather evidence that illustrates the justice gap faced by women with intellectual and/or psychosocial disabilities in the Asia-Pacific region. The project took place from 2022-2023 and was funded by the UN Women Regional Office for Asia—Pacific.

Project Summary

Persons with disabilities, particularly those with psychosocial and intellectual disabilities, have historically been denied equal access to justice, based on questions of their capacity, resulting in discrimination and serious consequences for their life, rights and freedoms. Legal frameworks limit the right to act on and exercise legal capacity; they face stigma from justice actors; and they lack accessible information and judicial support systems, among other things.

Women with disabilities face additional and significant barriers to accessing justice due to discrimination on the basis of both their gender and disability. They are disproportionately excluded from legal protection and are more likely to have their credit questioned owing to harmful gender norms and disability stereotypes. Such barriers not only limit the ability of women with disabilities to use the justice system, but also limit their ability to contribute to the administration of justice to society as a whole. A number of international human rights treaties, including the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) affirm and underpin the right of women with disabilities to access justice.

Despite the increasing focus on the rights of persons with disabilities and the advocacy work of disabled persons’ organisations, legal frameworks, justice pathways for access to justice for women with intellectual and/or psychosocial disabilities have not been sufficiently advanced to deliver on commitments under the CRPD and CEDAW. There remains a need to develop a deeper understanding of the legal needs of women with intellectual and/or psychosocial disabilities, to better inform prevention of legal problems, support of justice journeys and a responsive justice sector. For these reasons, the project sought to build new evidence and generate knowledge through research on the legal needs of women with intellectual and/or psychosocial disabilities in Asia and the Pacific.

B) Conducted research and consultations to identify gaps in institutional structures, support services, legislation, court rules and procedures that prevent justice mechanisms from fully implementing the rights of women with intellectual and/or psychosocial disabilities.

C) Informed by the legal needs survey results, as well as analysis of the justice frameworks and mechanisms within priority countries, provided research and recommendations to enhance access to justice for women with intellectual and/or psychosocial disabilities through the following knowledge products: