The Legal Protection of Refugees with Disabilities
Forgotten and Invisible?
Published on 25. August 2017
Book
Hardback
336 pages
978-1-78643-543-9 (ISBN)
Description
Refugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit.
Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.
Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.
Reviews / Votes
'The authors succeed in providing a thoroughly researched, penetrating legal analysis of the often forgotten or overlooked lives of RWDs. The nuanced understanding provided by this work will assist policy-makers and humanitarian agencies in creating enabling environments for and conceptualizing solutions to overcome challenges and barriers faced by RWDs. It will also be a seminal authority on this complex yet dynamic issue for scholars of disability rights and refugee studies.' -- Menaka I Lecamwasam, Asian Journal of International Law 'Crock and her co-authors provide an incisive analysis of the complexities and the benefits of embedding values, practice, and human rights relating to specific groups into the refugee legal framework. They make a valuable contribution to the growing international literature on disabilities.' -- John Williams, International Journal of Refugee Law 'This is an excellent book which makes a significant, original contribution to the field of international law. It deals with an important legal issue of contemporary relevance and I highly recommend it.' -- Maria O'Sullivan,Law and Culture 'At a time when the whole world is in an emotional state about refugees, with escalating polarization and discrimination, it is easy to invoke antagonistic feelings about the "other". Sadly, our ideal of "living together" is being replaced by the word "security" each day and it is time we remember that there is another side to security. This is why I am honored to endorse this great book by Crock, Smith-Khan, McCallum and Saul; for reminding us of the protection issues and rights of refugees with disabilities, making them visible again. This book does not only provide a rich variety of field findings, identifying the complex issues related to forced displacement and disability in the field, but also offers great guidance on how to overcome these challenges through the utilization of international law.' -- Safak Pavey, MP, Turkish Parliament and former member of the UN Convention on the Rights of Persons with DisabilitiesMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78643-543-9 (9781786435439)
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Schweitzer Classification
Persons
Mary Crock, Sydney Law School, The University of Sydney, Laura Smith-Khan, Faculty of Law, University of Technology Sydney, Ron McCallum, Emeritus Professor, Sydney Law School, The University of Sydney, Australia and Ben Saul, Challis Chair of International Law, University of Sydney, Australia; Associate Fellow, Chatham House,Associate Fellow, International Centre for Counter-Terrorism in The Hague and a Consultant for the United Nations Office on Drugs and Crime (Terrorism Prevention Branch), UK
Content
Contents: Part I Setting the Scene 1. Disability in refugee populations 2. Paradigm shift: The CRPD, international law and disability in displacement 3. Responding to disability in displacement: Country reports 4. Identifying disability 5. Lived experience of disability in displacement 6. Disability, intersectionality and context Part II Towards a rights regime for refugees with disabilities 7. Access to protection: Refugee rights and status determination processes 8. Disability rights, maritime interdiction and immigration detention 9. The right to survive: Disability and access to basic humanitarian assistance 10. Beyond mere survival: Rights to education, employment and community participation 11. The other 'durable solutions' for refugees with disabilities: resettlement and repatriation 12. Strategies for realising rights for refugees with disabilities Index