Experts warn justice system is failing abused children with disabilities

According to Down Syndrome South Africa, children with disabilities were more vulnerable to abuse than other able-bodied children.


The South Africa’s justice system is failing its most vulnerable citizens: children with disabilities facing abuse.

This is according to experts who were speaking during Child Protection Week. They warned that one in three children with disabilities experience abuse, yet courts, police and welfare structures remain inaccessible, unresponsive and ill-equipped.

Concerns about inaccessible justice systems

For parents too fearful to report cases to front-line officers lacking disability awareness, the system compounds trauma instead of delivering protection.

The event was organised by the Skills Information Base, a non-profit organisation specialising in assisting rural pupils in choosing career paths.

According to Down Syndrome South Africa, children with disabilities were more vulnerable to abuse than other able-bodied children.

Speaking at the event, Teddy Bear Foundation clinical director Shaheda Omar said the justice system should create a conducive case handling environment that would make children with disabilities and their parents feel free and accommodated.

To achieve this, she said there was a need for the following:

  • The establishment of the child protection units and specialised police services;
  • Mandatory reporting obligations;
  • Child-friendly interview approaches;
  • Collaboration with social workers and forensic services; and,
  • Awareness campaigns on violence against children.

Disability awareness gaps hinder investigations

Omar said other contributing factors in hindering the cases included poor disability awareness among front line officers, communication barriers during interviews and investigations, secondary victimisation of children during reporting, limited use of interpreters and augmentative communication tools, as well as delays in investigations and case management.

She said the courts remain inaccessible for many children with disabilities and the delays in prosecutions increase trauma.

She added the limited under-standing of disability among justice officials was also a problem.

“They also have challenges in assessing the credibility of children with communication impairments,” said Omar. Another problem is the insufficient post-trial psychosocial support.”

Parents urged to report abuse cases

Speaking at the event, Bishop Mike Mtshali from Lady Of Peace Community Forum, an organisation advocating for peace in schools, said sometimes parents of children with disabilities might fear opening cases for their abused children “because the law enforcement agencies might not take the cases seriously”.

Mtshali said it was sad that sometimes children with disabilities were being abused at the entities where they were supposed to be taken care of and protected.

“In such cases, parents and those witnessing the abuse don’t even report the matter to the authorities,” said Mtshali.

But he said there are cases like abusing funds and harassment opened, but the relevant authorities did not take them seriously.

“Remember, when bad things happen, these children are noting that nobody cares, then they grow up with that stigma of believing that people with disabilities are not being taken seriously when reporting the abuse they are going through,” he said.

Mtshali reiterated the need for parents to educate their children on how to report suspected abuse as it happens.

Webinar highlights need for stronger collaboration

Skills Information Base founder Itumeleng Lelaka said this year’s theme, “Working Together to End Violence Against Children with Disabilities”, aimed at urging government and relevant stakeholders to put more effort into creating a conducive platform when dealing with cases involving children with disabilities.

“The discussion focused on the prevalence of abuse experienced by children with disabilities, the barriers that prevent effective reporting and the gaps that continue to exist within support and justice systems.” Lelaka said.

“Experts also highlighted the need for stronger collaboration between communities, caregivers, institutions, and advocacy organisations to ensure that children with disabilities are protected, heard and supported.

“The webinar served not only as an educational platform, but also as a call to action. It reinforced the reality that more work still needs to be done to remove barriers within reporting and justice systems, improve accountability, and ensure that support services are accessible to all children across the country.”

Lelaka said every child deserves to feel safe within their homes and communities, regardless of their disability.

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