“If you are blind what are your options in an Earthquake?”
What happens to persons with disabilities in emergencies, war and conflict situations? The Rights of Persons with Disabilities (CRPD) – article 11
“Persons with disabilities are disproportionately affected in disaster, emergency, and conflict situations due to inaccessible evacuation, response (including shelters, camps, and food distribution), and recovery efforts”.
– United Nations Development Programme (UNDP) 2013
Around 15% of the world’s population has a disability. According to the UNHCR, the number of refugees, asylum-seekers and internally displaced people who were forcibly displaced at the end of 2013 was 51.2 million. This means that at least 4.5 million of the refugees have a disability. The numbers are probably higher since wars and disasters are continuously increasing the amount of persons with disabilities. This is why it is important to highlight the Convention on the rights of persons with disabilities, and especially article 11, regarding situations of risk and humanitarian emergencies that claims: “States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters”.
Among the most vulnerable are children with disabilities , whose right to assistance – ranging from health to education – is often overlooked in humanitarian response. As a result, they are left more vulnerable to a life of poverty and abuse, and denied their rightful place in helping strengthen and rebuild their communities and countries. UNICEF’s publication “Including children with disabilities in humanitarian action – General guidance”, available in English and Arabic, can be a good starting point for this work. Women and girls with disabilities are at large at higher risk to being exposed to gender based violence. How can we address violence against women and girls with disabilities, and emphasis the need for a holistic approach aimed at eliminating discrimination against women and girls with disabilities? Is it possible to promote their autonomy and addressing specific risk factors that expose them to violence? In war and conflict situations, who will be the ones to make sure that the rights of people with disabilities are fulfilled? Who is responsible when the State fails to fulfill its duties? What happens with human rights in conflict situations, and how do such situations affect the most vulnerable groups in society? The Conclusion on refugees with disabilities and other persons with disabilities protected and assisted by United Nations Refugee agency (UNHCR) migh give us some answers. The Conclution Recognice that host States, which are often developing countries, have limited resources and face various challenges in providing such services and facilities; reaffirming, therefore, the international community and UNHCR’s role to assist States in fulfilling these responsibilities, in the spirit of international cooperation and burden sharing.
Further reading
Articles, publications and websites that highlight different aspects of human rights and disabilities
- Definition of disabilities
Disabilities is an umbrella term, covering impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations.
- International norms and standards relating to disability part v. persons with disabilities and multiple discrimination – rights of special groups
Disabled persons who have to leave their countries find themselves in particularly disadvantaged situations. Disabled refugees are an extremely vulnerable group and are, therefore, in need of special attention. However, there are no legal instruments at an international level, as such, to protect the rights disabled refugees. Disabled refugees can only refer to scattered provisions of conventions, instruments and international humanitarian law.
- Preparing for Disaster for People with Disabilities and other Special Needs
For the millions of Americans who have physical, medical, sensory or cognitive disabilities, emergencies such as fires, floods and acts of terrorism present a real challenge. The same challenge also applies to the elderly and other special needs populations. Protecting yourself and your family when disaster strikes requires planning ahead. This booklet will help you get started.
- Disability Inclusion: Policy to Practice –
This report presents the approaches, positive practices and ongoing challenges to operationalizing disability in¬clusion across UNHCR and its partner organizations, and provides lessons and recommendations for the wider humanitarian community.
- The United Nations office of the High Commissioner of Human Right´s website on the Human rights of persons with disabilities
- Monitoring the Convention on the Rights of Persons with Disabilities Guidance for human rights monitors
The adoption and the entry into force of the Convention on the Rights of Persons with Disabilities and its Optional Protocol challenge such attitudes and mark a profound shift in existing approaches towards disability. In the Convention, the focus is no longer on a perceived “wrongness” of the person, with the impairment seen as a matter of deficiency or disease. On the contrary, the Convention views disability as a “pathology of society”, that is, as the result of the failure of societies to be inclusive and to accommodate individual differences. Societies need to change, not the individual, and the Convention provides a road map for such change.)
- Thematic study on the issue of violence against women and girls and disability
It analyses national legislation, policies and programs for the protection and prevention of violence against women and girls with disabilities. It highlights the remaining challenges in addressing the root causes of violence against women and girls with disabilities and incorporating women and girls with disabilities into gender-based violence programs. The study concludes with recommendations on legislative, administrative, policy and programmatic measures to address violence against women and girls with disabilities, with emphasis on the need for a holistic approach aimed at eliminating discrimination against women and girls with disabilities, promoting their autonomy and addressing specific risk factors that expose them to violence.
- Disabilities Among Refugees and Conflict-affected Populations
Based on field research in five refugee situations, as well as global desk research, the report maps existing services for displaced persons with disabilities, identifies gaps and good practices and makes recommendations on how to improve services, protection and participation for displaced persons with disabilities. It also includes a Resource Kit geared toward UN and nongovernmental organization (NGO) field staff working with displaced persons with disabilities.
- Women with Disabilities: The Forgotten Peace Builders
Women across the world are standing their ground against political exclusion, but more must be done to ensure that a gender-sensitive approach is used, that all women have the opportunity to participate in building the rule of law and strengthening democracy, and that all women have a voice in decision-making processes post-conflict.
