여성장애인의 권리와 국제법적 보호 사례- 폭력과 낙태 사건을 중심으로 -

The protection of rights of women with disabilities has not been the central focus of women’s rights groups or disability rights groups in the past. With the introduction of the Convention on the Rights of Persons with Disabilities(CRPD) in 2006 the movement for disabled women’s rights has gained new momentum. Together with the Convention on the Elimination of all Forms of Discrimination Against Women(CEDAW), the CRPD and CEDAW have created a new dynamic for the protection of women with disabilities. The Committee on the Elimination of Discrimination against Women and UN Human Rights Committee have dealt with several cases involving the rights of women with disabilities and have urged nations to amend or abolish laws that discriminate on the basis of sex or disability. Women with disabilities are oftentimes the target of sexual violence due to disability, and studies have revealed that women with disabilities experience sexual abuse and rape at much higher rates compared to women without disabilities. The UN recognizes the urgency of the problem of violence against women with disabilities, and indicates that although pervasive it must not remain the status quo. Women with disabilities who have experienced violence, either in the private or public sphere can become a valuable leader in the movement against violence towards women. States that have ratified the CEDAW and CRPD have a responsibility to eliminate laws that discourage women from reporting violence, and must ensure that violence against women with disabilities does not go unpunished by allowing the victims to participate in the legal process.