1. Percentage of persons with disabilities who have experienced discrimination due to gender, age, ethnicity, disability, religion or sexuality.

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1 03 NOVEMBER 2014 DECISION ON GOLD INDICATOR OF DISCRIMINATION ARTICLE 5 On the basis of the third steering group meeting of 1 October 2014 and the subsequent discussions, the Danish Institute for Human Rights (DIHR) and the Danish National Center for Social Research (SFI) selected the following indicators for discrimination. 1 GOLD INDICATOR The gold indicator for discrimination becomes: 1. Percentage of persons with disabilities who have experienced discrimination due to gender, age, ethnicity, disability, religion or sexuality. It is the assessment of DIHR and SFI that this indicator fulfills the specified criteria the best. As with all gold indicators and most subindicators, this indicator is also assessed against the situation for persons without disabilities. It is precisely this possibility of comparison between persons with and without disabilities that is a major reason for choosing to focus on general discrimination rather than discrimination solely on the basis of disability. 2 THE CRITERIA 2.1 Definition Of Disability And Data In SFI's Survey of Health, Impairment and Living Conditions in Denmark (the SHILD survey) there is data that disaggregates persons with disabilities and persons without disabilities. 1 These studies apply a broad concept of disability. Hence, subjects were asked whether they had a long-term health problem or a disability in line with the broad definition of disability in the UN Convention on the Rights of Persons with Disabilities (CRPD). However, the available data have shortcomings as regards the gold indicator, as only persons without disabilities have been asked questions regarding grounds for discrimination not related to disability. This will be changed in future SHILD studies. 1 Everyday life and living conditions for persons with disability, (Hverdagsliv og levevilkår for mennesker med funktionsnedsættelse), SFI /5

Percentage of persons with disabilities who have experienced discrimination due to gender, age, ethnicity, disability, religion or sexuality.

2 It should be noted that the SHILD study focuses on the subjective perception of what constitutes discrimination. Among other things, the investigations initiated by the Appeals Board anti-discrimination unit focuses, however, on experiences of discrimination in specific areas, such as experiences of denial of entry to restaurants, discrimination in employment or in public transport. Since this indicator deals with discrimination as such, it is viewed as more comprehensive to ask the general question. It places the focus on experiences of discrimination in more specific areas of individual rights. 2.2 Relevance The gold indicator measures the self-perceived (subjective) perception of discrimination. The background for this is that alternative, objective measures, are very inadequate, as they would be based on the number of complaints filed and would therefore not include the large number of incidents of discrimination that never lead to complaints. It is very difficult to measure discrimination with objective measures. One problem with the self-perceived discrimination can be that it might allow a greater extent of discrimination than is objectively the case. The experience of discrimination can vary greatly according to the individual s personal/psychological conditions, such as sense of selfesteem. Since it is crucial for the indicator to assess conditions for persons with versus those without disabilities, it is of minor importance, whether more cases of discrimination are reported than what is objectively the case. Over-reporting will thus apply to both persons with and without disabilities. In addition, the gold indicator will measure general discrimination rather than discrimination based on disability. The reason for this is that it can be difficult for a person experiencing discrimination to determine the actual grounds for discrimination. Moreover, current data suggests that persons with disabilities often experience discrimination on grounds besides disability. Article 5 of the CRPD is not limited to discrimination on grounds of disability alone but covers all forms of discrimination. The steering group has expressed the desire that discrimination also be measured solely on the basis of disability, as a measurement of all forms of discrimination is extensive and captures not only those who are discriminated against on grounds of disability. Against this background, it is proposed that the following sub-indicator be used: 2/5

entry to restaurants, discrimination in employment or in public transport. Since this indicator deals with discrimination as such, it is viewed as more comprehensive to ask the general question.

3 a) Percentage of persons with a major disability who have experienced discrimination on grounds of disability no comparison with persons without disabilities. Since discrimination, for specific reasons, is closely related to violence, it has been decided that the second sub-indicator will be: b) Percentage of persons with a disability who have been subjected to violence. The data that can elucidate this sub-indicator is found in SFI's SHILD surveys. The surveys inquire about each of the different types of violence using separate indirect questions. However, in order to use the sub-indicator, it is the total extent of violence that will appear. The sub-indicator will thus contain a broad definition of violence in all its forms, i.e., physical violence, sexual violence, emotional abuse, material abuse and financial abuse. 2 With regard to financial abuse, it is noted that this type of abuse could be particularly important for vulnerable groups. The National Board of Social Services (Socialstyrelsen) has also directed its attention to the financial abuse perpetrated against persons with disabilities. 3 The SHILD survey does not focus on whether the perceived violence is due to one s disability, but the comparison between the groups of persons with and without disabilities will show whether persons with disabilities are particularly vulnerable. c) Percentage of persons who have doubts about working together with someone who has a disability. This sub-indicator is selected in order to illustrate attitudes towards persons with disabilities. Concerns about working with persons with disabilities have been chosen because it is necessary to select a specific area and because there exists data on this issue. 2 It has been pointed out in the literature that surveys of violence against persons with disabilities should take cover the phenomonen in a broad way (see for example Dorothy K. Marge, A call to action: Ending crimes of violence against children and adults with disabilities [New York: SUNY Upstate Medical University, State University of New York, 2003, p. 54]). 3 See 3/5

subjected to violence. The data that can elucidate this sub-indicator is found in SFI's SHILD surveys.

4 In line with the overall decision to have sub-indicators disaggregated by sex and ethnicity, the two remaining indicators will be: c) gold indicator disaggregated by sex. d) gold indicator disaggregated by ethnicity. 2.3 Other Criteria The available data (from the SHILD survey) allows for disaggregation by disability and by subgroups. The data can be grouped, for example, by major/minor disability, by specific type of disability or by other factors such as gender and ethnicity. However, the data is collected only every four years. 3 SUMMARY The gold indicator provides an overall picture of whether persons with disabilities suffer more discrimination than persons without disabilities. The focus is on general discrimination, as it will tell something about the extent to which persons with disabilities are discriminated against, as well as something essential about the cumulative effect of multiple grounds of discrimination. As persons, we are much more than a disability, an ethnicity, a gender, etc., and the gold indicator recognizes this unified character and coherence among the discriminatory grounds, something that the CRPD also requires. The gold indicator also serves as the framework for being able to follow developments over time and in addition, further investigating more specific calculations of grounds for discrimination, types of disabilities, etc. The selected sub-indicators also contribute to a more nuanced picture and ensure the relevance in relation to the various topics covered by Article 5 of the CRPD. The following gold indicator and five sub-indicators have been decided upon: Gold Indicator: Percentage of persons with disabilities who have experienced discrimination due to gender, age, ethnicity, disability, religion, sexuality, height or weight. 4/5

The data can be grouped, for example, by major/minor disability, by specific type of disability or by other factors such as gender and ethnicity. However, the data is collected only every four years.

5 Five sub-indicators: a) Percentage of persons with a major disability who have experienced discrimination on grounds of disability. b) Percentage of persons with a disability who have experienced violence or abuse. c) Percentage of persons who have reservations about working with someone with a disability. d) Gold indicator disaggregated by sex. e) Gold indicator broken down by ethnicity. 4 STEERING GROUP COMPOSITION FOR SELECTION OF AN INDICATOR OF NON-DISCRIMINATION In alphabetical order, and in addition to participants from DIHR and SFI: Andreas Jull Sørensen, Executive Secretary (The Danish Disability Council) Hanne Stig Andersen, (Ministry of Social Affairs) Hans Andersen, (LEV National Association Denmark for persons with learning disabilities) Jeppe S. Kerchkoffs, (The Danish Association for the Disabled) Kasper Bergmann, (Danish Deaf Association) Knud Christensen, (the Danish Association for Mental Health) Lasse Boje Nielsen, (Ministry of Justice) Malene Damgaard, (Appeals Board, anti-discrimination unit) Morten Engberg, (the Danish Parliamentary Ombudsman) Signe Højsteen, (Disabled Peoples Organisations Denmark) Sven Fandrup, (Rare Diseases Denmark) Soren Buggeskov, (Ministry of Housing, Urban and Rural Affairs) Soren Ginnerup, (SBI Danish Building Research Institute) Thomas Holberg, (DUKH The Independent Consultative Service for People with Disabilities) 5/5

d) Gold indicator disaggregated by sex. e) Gold indicator broken down by ethnicity.

disabilities THE GAP REPORT 2014

disabilities THE GAP REPORT 2014 THE GAP REPORT 2014 People with disabilities There are more than one billion people living with a physical, sensory, intellectual or mental health disability in the world four out of five live in low-