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“I'mpossible”: Some challenges of implementing international law in the area of humanitarian affairs for persons with disabilities

Published online by Cambridge University Press:  09 November 2022

Mar Maltez
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Abstract

Persons with disabilities are entitled to certain protections under international law, including in the context of armed conflict. These individuals are especially vulnerable in a crisis situation. Too often, when emergency humanitarian relief is provided, these protections are afforded inadequately or not at all, due to personal prejudice, lack of resources or training, or because there is no systemic requirement to do so. This paper uses a narrative-based approach to illustrate typical lived experiences of persons with disabilities both as workers in the area of humanitarian relief, and recipients thereof. It illustrates the challenges and inadequacies of a system that fails to recognize the rights that should be provided to those with physical and/or neurodevelopmental differences. It highlights the discrepancy between legal rights and actual provision of service and the different needs of those with disabilities in the circumstance of armed conflict. The article points to specific areas of failure, and the need for an inclusive approach in programming.

Keywords

Persons with disabilitiesspecific needshumanitarian relief effortschild protection in emergenciesinternational lawdignityequity
Type
Research Article
Information
International Review of the Red Cross , Volume 105 , Issue 922: Persons with disabilities in armed conflict , April 2023 , pp. 217 - 229
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of the ICRC.

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Footnotes

The advice, opinions and statements contained in this article are those of the author/s and do not necessarily reflect the views of the ICRC. The ICRC does not necessarily represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided in this article.

References

1 See the Charter on Inclusion of Persons with Disabilities in Humanitarian Action, May 2016, available at: https://humanitariandisabilitycharter.org/ (all internet references were accessed in September 2022); and United Nations (UN) Security Council, Resolution 2475 (2019), UN Doc. S/RES/2475 (2019), 20 June 2019, available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/186/60/PDF/N1918660.pdf?OpenElement.

2 The World Health Organization defines “congenital anomalies” as being “structural or functional anomalies that occur during intrauterine life”; see World Health Organization, “Congenital Anomalies”, available at: www.who.int/health-topics/congenital-anomalies#tab=tab_1.

3 Geography and places are fictional, randomly chosen from the maritime world, to correspond to letters of the Latin alphabet.

4 Richards, G. C., More's Utopia Translated into Modern English, Basil Blackwell, Oxford, 1923, p. 94Google Scholar, of warfare.

5 UN General Assembly, The Universal Declaration of Human Rights, New York, 10 December 1948, preamble.

6 Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War of 12 August 1949, 75 UNTS 287 (entered into force 21 October 1950), Art. 16, ¶1.

7 Inter-Agency Standing Committee (IASC), “IASC Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action”, July 2019, available at: https://interagencystandingcommittee.org/iasc-guidelines-on-inclusion-of-persons-with-disabilities-in-humanitarian-action-2019.

8 UN General Assembly, Convention on the Rights of Persons with Disabilities (CRPD), UN Doc. A/RES/61/106, 24 January 2007, preamble, para. (e)

9 The UN CRPD defines “reasonable accommodation” as the “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. CRPD, above note 8, Art. 2, ¶4. For more on disability in the workplace, see International Labour Organization, “Resource Guide on Disability”, available at: www.ilo.org/inform/online-information-resources/resource-guides/disability/lang--en/index.htm.

10 For more on WASH, see UNICEF, Water, Sanitation and Hygiene (WASH), available at: www.unicef.org/wash.

11 It is not relevant to the argument to identify this character. The man represents every organized formal armed force.

12 For a multisectoral approach, see UN Office for Disaster Risk Reduction, Sendai Framework for Disaster Risk Reduction 2015–2030, 18 March 2015, Arts 7, 19(g), 32 and 36(a)(iii), available at: www.undrr.org/publication/sendai-framework-disaster-risk-reduction-2015-2030.

13 We opted not to alter the exact wording used by Ting for we felt it would disrespect the feeling she was expressing.

14 For more on DDR, visit the UN Disarmament, Demobilization and Reintegration Resource Centre, “Integrated DDR Standards”, available at: www.unddr.org/.