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
