Social Structures
Author: Rebecca Daniel – PHD Student, Assisting Living and Learning (ALL) Institute, Department of Psychology, Maynooth University
The situation of persons with disabilities during the current war in Ukraine has been repeatedly described as a “crisis within a crisis” during the past number of months. This blog post aims to reflect on the multiple forms of discrimination that persons with disabilities face in times of conflict.
Approximately 15% of the worldwide population has a disability. The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) estimated that 13% of people in Ukraine, in need of humanitarian assistance in 2021, had a disability. In situations of war and conflict, these numbers can even increase, since many disabilities are caused or worsened by war (e.g. through war injuries, a lack of health care provisions, or post-traumatic stress disorders). Given this, it can be estimated that the numbers of persons with disabilities directly or indirectly affected by the war in Ukraine are even higher than those estimated above.
According to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) Article 1, “persons with long-term physical, mental, intellectual or sensory impairments” face various disabling barriers which “may hinder their full and effective participation in society on an equal basis with others.” This is also the case in times of war and conflict, and persons with disabilities are amongst the most vulnerable groups in such situations. Barriers can be attitudinal, physical, informational, economical and can assume a variety of other forms; UNCRPD Article 9.
The European Disability Forum (EDF) 2022, and the International Disability Alliance (IDA) 2022, amongst other actors, have expressed their worries about the situation which persons with disabilities are currently experiencing in Ukraine: They face stigma and ignorance, a lack of accessible infrastructure such as of public transportation and shelter (evacuation centres and pathways), inaccessible warning systems and information about the war, as well as a lack of appropriate provisions of all kinds, including through personal assistants. Persons with disabilities also face a higher risk of death during times of war and conflict, and are often victims of violence, including sexual violence and child abuse. A range of assessments were undertaken on the humanitarian conflict in Ukraine that is going on since 2014, namely an impact assessment, and a situation report by the OCHA, as well as a report by the World Health Organisation (WHO) on access to healthcare for persons with disabilities during the conflict.
In addition to the above-mentioned challenges for persons with disabilities, during conficts, many persons with disabilities also need to escape their countries– and become either internally displaced persons or refugees abroad. With regard to the current war in Ukraine, there is currently no reliable data on refugees and/or internally displaced persons. However, in the past and in relation to other conflicts,the WHO estimated a few years ago that several million persons with disabilities have been forcibly displaced worldwide, suggesting that even in this war the number of persons with disbilities obliged to flee is high. Intersectional discrimination is experienced by the refugees and internally displaced persons with disabilities and it can follow them to their new homes and shelters: Not only that they are challenged by the barriers around them, but they are also “stripped of the protections of a state of citizenship or habitual residence, living in fear of persecution if returned to the country from which they have fled.”.
Persons with disabilities can often face additional challenges and barriers when crossing borders and when residing within refugee camps. A human rights-based approach to disability is yet to be fully mainstreamed in refugee camps, and persons with disabiltiies are still often excluded from the offered services, despite the improvements observed in some parts. A lot still has to be done to ensure that refugees with different needs and disabilities receive the protection and assistance they require.
The described living situations and challenges faced by persons with disabilities during the crisis in Ukraine does not come as a surprise, given the evidence of discriminatory situations endured by persons with disabilities in many areas of life worldwide.
The UNCRPD, clearly states that “States Parties shall take […] all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict […]”. This provision obliges States Parties (including Russia and Ukraine) to protect disability rights in war contexts.
Further, State Parties need to implement the UNCRPD in accordance with other obligations under international law, including international humanitarian law, international refugee law and international human rights law. The UN Security Council Resolution 2475 (2019) clearly calls for the protection of persons with disabilities in conflict, including their safety, equal access to basic services and systems, as well as participation and representation in humanitarian assistance responses to war and conflict. Further existing resources, such as the IASC Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action, can help actors to improve their disability-inclusive response to humanitarian crises as in Ukraine (compare also EDF b, n.i.).
As the current situation of persons with disabilities in Ukraine reveals itself, there is still a long way to go before a truly disability-inclusive humanitarian aid and emergency response is established, that aligns with strong international standards in place, i.e. the UNCRPD, UNSC Resolution 2475, and other important agreements. This task has to be undertaken with joint forces of State Parties and other humanitarian actors, providing aid within the war in Ukraine, including the European Union (EU). Only then can human rights be upheld and advanced during these challenging times of war and conflict, and guaranteed, in the long run, that no one is left behind. Additional research and data on barriers for and needs of persons with disabilities in the current war are required so that the emergency response, including provided support for refugees from Ukraine, is inclusive of and accessible for persons with disabilities.