CRPD
Rights Tracker
Government Action
(Art. 6) Women with disabilities
Committee Recommendation
Recalling its general comment No. 3 (2016) on women and girls with disabilities, and Goal 5 of the Sustainable Development Goals, the Committee recommends that the State party:
Repeal or amend laws that discriminate against women with disabilities, including Law Number 1 of 1974 on Marriage and Lampung Provincial Regulation Number 17 of 2014 Article 6 paragraphs (3) and (7) concerning Exclusive Breastfeeding;
Mainstream the rights of women and girls with disabilities in gender-related legislation and policies, and mainstream a gender perspective in disability-related legislation and policies, through close consultation with and active involvement of women and girls with disabilities;
Incorporate an intersectional analysis for women and girls with disabilities, including those from indigenous, ethnic and religious minorities and rural areas and remote islands, in all areas of policy, including education, family, employment, justice, and health.
ⓘ Indicators
The Committee recommends that the State Party repeal or amend discriminatory laws (such as the Marriage Law and Lampung Exclusive Breastfeeding Regulation), mainstream the rights and gender perspective of women and girls with disabilities in all relevant legislation and policies, and incorporate an intersectional analysis across all policy areas (education, employment, health, etc.) with the active involvement of women and girls with disabilities.
Update on implementing CRPD recommendations
2025
One of the advancements made by the Government of Indonesia is the enactment of the Law on the Elimination of Sexual Violence (Sexual Violence Crimes Law/UU TPKS), which regulates the rights of persons with disabilities as legal subjects.
Nevertheless, challenges remain in the protection of women with disabilities who are victims of violence. In several records by disability organizations, for instance, in West Nusa Tenggara, especially in East Sumba, violence against women with disabilities occurred at the end of 2023, where 3 women were victims, but the cases were not proceeded to the legal process. The report submitted by the families to the Social Services Agency was subsequently not followed up for law enforcement and only stopped at psychological assistance provided by the Agency.
In Bandung, in 2023, 1 case of reported sexual harassment was not pursued because of intimidation from the perpetrator's family towards the victim's family. The victim's family was helpless, and the case was eventually settled peacefully and closed.
There is a good practice where a sexual violence case was legally resolved by law enforcement. This sexual violence case occurred in Ambon, involving a person with mild intellectual disability, who worked as a laundry washer, and was subjected to sexual violence by a neighbor. This sexual violence occurred on New Year's Day 2024 near a public laundry area (at the river) when it was deserted. The perpetrator then gave money (Rp. 3,000) to the victim, although the victim tore up the money. The family, upon finding out, took the male perpetrator to the police. HWDI Ambon/Maluku provided assistance for this case to the police and explained that the victim was disabled, unschooled, and illiterate. The perpetrator was then tried and given an 8-year sentence. However, after the perpetrator was sentenced, the victim did not receive recovery services from the impact of the sexual violence experienced.
NTB (West Nusa Tenggara) conducted a survey regarding reproductive health services for women with disabilities, aged 12 to 24 years, in 2023.