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Disabled Persons Right in Refugee Law

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This essay aims to examine the rights of persons’ with disabilities who are a marginalized group of individuals, who have been forced to flee their countries under difficult circumstances. They represent themselves as an invisible group of individuals who are forced to leave their county in a dep...

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  • August 16, 2023
  • 21
  • 2022/2023
  • Exam (elaborations)
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kzaman2022
Question: 'Persons with physical and psychosocial disabilities who have a well-founded
fear of being persecuted for reasons of disability are undeniably refugees even if the
1951 Convention relating to the Status of Refugees does not refer to disability. Critically
evaluate this statement, drawing upon the relevant law, case-law, and appropriate
academic commentary to illustrate the extent to which you agree.




Introduction: Individuals with disabilities who are forced to flee their countries are a
largely unseen group who face particularly challenging circumstances. 1 They are not
only forced to leave their home countries but also lack the safety and security. They
face the fear of persecution if they were to return to the country they fled. 2 Therefore, it
is necessary to provide specific attention and safeguard them. 3 In this essay the
relationship between the CRPD and the refugee convention would be discussed in this
essay, particularly focusing on how Article 2 of the CRPD serves as a significant
equalizing factor by ensuring the proper implementation of human rights to secure a
safe life. According to the report of the World at War: it was exclaimed that word wide
displacement is at the highest level that was recorded ever. 4 During times of
displacement, individuals with disabilities who are refugees often go unnoticed and face
additional challenges. They are not only forced to leave their home countries but also
lack the safety and security provided by having citizenship or a permanent residence.
They also face the fear of persecution if they were to return to the country they fled. 5
Unfortunately, the needs of people with disabilities who have been displaced during




1
Carmine Conte, ‘What about refugees with disabilities? The interplay between EU asylum law and the Un
convention on the right of persons with disabilities’ European journal of Migration and Law (2016) Vol.18, issue 3.
327-349
2
The Convention Relating to the Status of the Refugees 1951, Article 1A (2) of the Convention relating to the Status
of Refugees, opened for signature 28 July 1951, (entered into force 22 April 1954) (‘Refugee Convention’).
3
Ibid.
4
The UNHCR (2015), United Nations High Commissioners for Refugees, UNHCR proposals in light of the EU
response to the refugee crisis and the EU package of 9September,2015<
https://www.unhcr.org/uk/protection/operations/55f28c4c9/unhcr-proposals-light-eu-response-refugee-crisis-eu-
package-9-september.html> Accessed on 28.12.2022
5
Convention on the Rights of Persons with Disabilities,Article-1,http://www.ohchr.org/EN/HRBodies/CRPD/
Pages/ConventionRightsPersonsWithDisabilities.aspx>Accessed on 12.12.2022

,disasters or conflicts are often ignored, particularly when they are refugees seeking
asylum across borders.6




The UNHCR has taken the matter with huge concern that the specific needs of persons
with disabilities are often overlooked, especially at the early stage of humanitarian
emergence.7 The rights of children, women, elderly individuals, and persons’ with
disabilities are adopted to consider the unique circumstances of people with disabilities
and establish a legal structure that conforms to the international mandates outlined in
the Convention on the Rights of Persons with Disabilities. (CRPD). 8 According to data
from the World Health Organization (WHO), 2.9% of the global population has severe
disabilities, while an additional 12.4% has moderate long-term disabilities. 9 As of the
middle of 2016, the United Nations High Commissioner for Refugees (UNHCR)
estimated that 65.3 million individuals, including asylum seekers, refugees, and
internally displaced persons (IDPs), had been displaced from their homes. 10




The Vienna Convention on the Laws of Treaty Interpretation, in Article 31, dictates that
treaties should be interpreted in good faith, based on the ordinary meanings of the
terms used in the treaty, taking into account the context, object and purpose of the
treaty.11The Vienna convention on the Law of Treaties 1969 has retroactive application
to those treaties which were made even before its adoption, additionally; some of its
provisions were already part of customary international law at the time they were

6
Mary Crock, ‘The protection of vulnerable groups’Research Handbook on Disasters and International Law
(Cheltenham: Edward Elgar Publishing, 2016) 383 <
https://promiseinstitute.law.ucla.edu/wp-content/uploads/2022/08/The-protection-of-vulnerable-
groups.pdf>Accessed on 01.12.2022
7
United Nations High Commissioners for Refugees (UNHCR)< https://www.equalityhumanrights.com/en/human-
rights/human-rights-act> Accessed on 15.12.2022
8
Convention on the Rights of Persons with Disability (CRPD),United Nations,Drafted 13 Dec2006,effective
3May2008< https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-
disabilities.html> Accessed on 14.12.2022
9
5 WHO, The Global Burden of Disease: 2004 Update (Geneva: WHO, 2008) 34
also,World Report on Disability (Geneva: WHO and World Bank, 2011) Chapter 2
10
UNHCR, ‘Figures at a Glance’< http://www.unhcr.org/en-au/figures-at-aglance.html>Accessed on 25.12.2022
11
Vienna Convention on the Law of Treaties art. 31, May 23, 1969, 1155 U.N.T.S 331 [hereinafter VCLT]

, interpreted. When the convention was written, the majority of the VLCT interpretation
rules were already included to customary international law which is with the
collaboration by the decision of international court and diplomatic practices. 12 Although
it's a fact that many countries have not signed the UN Convention relating to refugees
and it is corresponding Protocol, but they are all parties to the CRPD. 13




The number of first-time asylum applicants has increased by 86 percent in the first
months of 2015 which is a matter of concern in refugee law 14 whereas 15 percent of the
world population are the part of disabled human beings. 15 The provisions of the UN
Convention on the Rights of Persons with Disabilities need to be integrated with the
incomplete framework of the 1951 Geneva Convention which has the potential to
enhance the international protection of asylum seekers. 16




This essay aims to examine the rights of persons’ with disabilities who are a
marginalized group of individuals, who have been forced to flee their countries under
difficult circumstances. They represent themselves as an invisible group of individuals
who are forced to leave their county in a deprived condition, this essay aims to discuss
these persons’, particularly in light of the humanitarian crisis They require special care
and attention due to the ongoing humanitarian crisis they face. In this essay, the rights
of a disabled person who has a well-founded fear of being persecuted would be
discussed with relevant law, case law and related academic commentary. Moreover,
this essay will examine the fact of how crucial it is to ensure the well-being and survival
of these individuals and to what extent the UN convention of the right of persons with
disabilities can also be applied to these persons to get refugee status as they belong to
12
Ibid.
13
Malaysia ratified the CRPD on 19 July 2010, Indonesia ratified on 30 November 2011, Pakistan ratified on 5 July
2011, Uganda ratified on 25 September 2008, Jordan ratified on 31 March 2008 and Turkey ratified on 28
September 2009
14
Common European Asylum System<https://home-affairs.ec.europa.eu/policies/migration-and-asylum/common-
european-asylum-system_en>Accessed on 15.12.2022
15
UNHCR< https://www.unhcr.org/uk/persons-with-disabilities.html>accessed on 08.01.2023.
16
Carmine Conte, ‘What about refugee with disabilities? The Interplay between EU Asylum Law and the UN
Convention on the right of persons’ European Journal of Migration and Law(2016) Vol-18, 3 rd Issue, 327-349

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